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HomeMy WebLinkAbout2016-08-09Meridian City Council Meeting Agenda Tuesday, August 09, 2016 – Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 09, 2016 at 3:00 PM 1. Roll-Call Attendance O Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Resolution No.: 16-1153: Resolution to Destroy Semipermanent Records of the Community Development Department, Building Division B. Amended Development Agreement for TM Creek-MDA-H-2016-0067 with SCS Brighton, LLC located at the Southeast corner of W. Franklin Road and Ten Mile Road, in the NW 1/4 of Section 14, Township 3N., Range 1W C. Findings of Fact, Conclusions of Law for Denial for Pope's Garden (H-2016- 0006 REVISED) by Iron Mountain Real Estate. Located at 2662 E Magic View Drive D. Findings of Fact, Conclusions of Law for Approval for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity Road E. Findings of Fact, Conclusions of Law for Approval for Bancroft Square (H- 2016-0055) by Schultz Development Located 2750 S. Eagle Road F. Findings of Fact, Conclusions of Law for Approval for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue CITY COUNCIL WORKSHOP MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, August 09, 2016 – Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. G. Final Order for Normandy Subdivision No. 2 (H-2016-0084) by Schultz Development Located at 4145 S. Locust Grove Road H. Final Order for Normandy Subdivision No. 3 (H-2016-0085) by Schultz Development Located at 4145 S. Locust Grove Road I. Approve Minutes of July 12, 2016 City Council / Joint MDC Meeting J. Approve Minutes of July 19, 2016 City Council Meeting K. Approve Minutes of June 7, 2016 City Council Budget Workshop Meeting L. Approve Minutes of July 26, 2016 City Council Meeting M. Resolution No.: 16-1154: A Resolution of the Mayor and the City Council of the City of Meridian Re-appointing Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. “Butch” Weedon to Seat 7 of the Impact Fee Advisory Committee. N. Master Agreement with Ken McCall For Professional Services: Park Identities Public Art Roster O. Master Agreement with Stephanie Inman For Professional Services: Park Identities Public Art Roster P. Master Agreement with Trademark Sign Company, Inc. For Professional Services: Park Identities Public Art Roster Q. Training Agreement between Ada County Highway District and City of Meridian R. Sanitary Sewer and Water Main Easement between the City of Meridian and Summit Equity, LLC within Falconer Place Subdivision S. Approval of Award of Bid and Agreement to Cascade Enterprises, Inc. for the WRRF Tertiary Filter Building Crane Construction project for a Not-To- Exceed amount of $74,310.00. T. Approval of Award of Bid and Agreement to The Ewing Company for the “WRRF CENTRATE EQUALIZATION” project for a Not-To-Exceed amount of $1,308,128.00 U. Approval of Award of Bid and Agreement to Challenger Companies Inc. for the WRRF PLC Upgrades 2016 project for a Not-To-Exceed amount of $89,737.00 Meridian City Council Meeting Agenda Tuesday, August 09, 2016 – Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 5. Items Moved From the Consent Agenda None 6. Action Items Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City staff. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes. No additional public testimony is taken once the public hearing is closed. A. Public Hearing: PY2016 Community Development Block Grant (CDBG) Action Plan (Public Hearing will be left open and additional testimony will be taken at 6:00 p.m.) 7. Department Reports A. Community Development and Economic Development Department Strategic Update B. Mayor's Office: Appointment of C.Jay Coles as the City Clerk Approved 8. Community Items/Presentations A. Public Works: Public Works Week Recap and Donation to the Meridian Food Bank B. Solid Waste Advisory Commission: Republic Services Annual Rates Adjustment Report for Solid Waste Collection Services C. Ada County 2025 - Ada County Comprehensive Plan Update 9. Continued Action Items A. Public Hearing: Proposed Fall 2016 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. Proposed # 16-1155: A Resolution Adopting the Fall 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 10. Executive Session as per Idaho State Code 74 -206 (1)(f) – To Consider and Advise Its Legal Representatives in Pending Litigation; 74-206A(1)(a)(1) - All negotiations between a governing body and a labor organization shall be in open session and shall be available for the public to attend. Provided, however, a governing body or Meridian City Council Meeting Agenda Tuesday, August 09, 2016 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. its designated representatives may hold an executive session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer Into Executive Session at 5:11 p.m. Out of Executive Session at 6:05 p.m. 11. Additional Action Items A. Public Hearing: PY2016 Community Development Block Grant (CDBG) Action Plan B. Resolution No. 16-1156: A Resolution approving the Draft PY2016 Community Development Block Grant Action Plan for submission to U.S. HUD for review Approved 12. Future Meeting Topics 13. Amended onto the Agenda Continued Executive Session as per Idaho State Code 74-206 (1)(f) – To Consider and Advise Its Legal Representatives in Pending Litigation; 74-206A(1)(a)(1) - All negotiations between a governing body and a labor organization shall be in open session and shall be available for the public to attend. Provided, however, a governing body or its designated representatives may hold an executive session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer Into Executive Session at 6:42 p.m. Out of Executive Session at 7:25 p.m. Adjourned at 7:25 p.m. Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Resolution to Destroy Semipermanent Records A. Resolution No.: l � - I : Resolution to Destroy Semipermanent Records of the Community Development Department, Building Division MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 16-_/I n BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMIPERMANENT RECORDS OF THE BUILDING SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-907(7)(b) and the City of Meridian Records Retention Schedule adopted pursuant to Idaho Code section 50-907(5), the Mayor and City Council may authorize the destruction of semipermanent records upon the advice of the City Attorney and under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semipermanent records that may be destroyed pursuant to Idaho Code section 907(7)(b), 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 semipermanent records of the Building Services Division of the Community Development Department: RECORDS TO BE DESTROYED DESCRIPTION YEARS Building applications for PTWin files related to commercial and governmental 1/1/2006 — commercial projects and buildings and projects, including building, mechanical, 8/8/2011 government buildings plumbing, and electrical permits and inspection records and certificates of occupancy (and copies thereof stored on microfilm) Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this resolution. Section 3. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 9th day of August, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of August, 2016. APPROVED: �QORpTED AUG�S --- O T G! f'ily of w Mayor Ta e Weerd E IDIAN* IDAHO i SEAL ATTEST: By: lk City C rlc RESOLUTION AUTHORIZING DESTRUCTION OF BUILDINZCORDS PAGE 1 OF 1 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4B PROJECT NUMBER: H-2016-0067 ITEM TITLE: TM Creek B. Amended Development Agreement for TM Creek -MDA -H-2016-0067 with SCS Brighton, LLC located at the Southeast corner of W. Franklin Road and Ten Mile Road, in the NW 1/4 of Section 14, Township 3N., Range 1 W 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 2016-073497 BOISE IDAHO Pgs=12 BONNIE 08/11/2016 08:34 AM MERIDIAN CITY NO FEE II"'llllll t'� I IIII'IIIII IIII'll III'llllllll I'll 00259339201600734970120120 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this I ' day of AckuS l , 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation 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 Drive, Suite 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 to include the underlined language: The Findings attached to the original Development Agreement (Instrument # 114045 759) as Exhibit B shall be modified to include changes to Condition 2.2.9 as follows: Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by Ada County Highway District and the Final Plat(s) for this subdivision shall be recorded, prior to applying for building permits, provided however, that one buildingpermit is allowed prior to recordation of a final plat for the phase in which it is located as approved with H-2016-0067. The Findings for this project (MDA 2016-0067) are attached hereto as Exhibit A. ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 1 of 4 2. That Owner/Developer agrees to abide by all ordinances ofthe City ofMeridian and the Property shall be subj ect 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 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. 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 Addendum, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN de Weerd ATTEST: kt, cuvorWE IDIAN�Y. -4 IOANOHJaycee . olman, City Clerk SEAL. ADDENDUM TO DEVELOPMENT AGREEMENT -TM CREEK - MDA H 2016-0067 Page 3 of 4 STATE OF IDAHO . ss: County of Ada, On this 2 J day of J 1 , 2016, before me, the undersigned, a Notary Public in and for said State, personally appearedriGtCQ. I� , known or identified to me to be the m , bYt f SCS Brighton, LLC, and acknowledged tome that he executed the same on behalf E of said ompan . IN WITNESS WHEREOF, I have hereunto set in this certificate first above written. (SEAL) EN07�AMANDA Y A 1'�'ARY .. STATE OF IDAHO : ss N hand and affixed my official seal the day and year Public for Residing at: My Commission Expires: County of Ada ) On this day of U. ► , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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 on 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. •• FIN • • 4 + 'O• • _-- � ••• STATE 0 •' •44.406000 AL'-'- E-, 1��- Notary Public for Idaho p Residing at: cats Commission expie : 6, ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 4 of 4 Exhibit A CITY OF MERIDIAN IIDIAN"',FINDINGS OF FACT, CONCLUSIONS OF LAW awl AND DECISION & ORDER x , In the Matter of the Request for an Amendment to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits, by SCSBrighton, LLC. Case No(s). H-2016-0067 For the City Council Hearing Date of: June 28, 2016 (Findings on July 12, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 28, 2016,.incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 28, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title l 1 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 § 71-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY` OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 28, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of June 28, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development. Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 1 l -5B -3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-317). 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 six (6) month approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the clatter 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 June 28, 2016. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 - 2 - By action of the City Council at its regular meeting held on the �1 day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED_!?A., C COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDg4e_ COUNCIL MEMBER TY PALMER VOTED ­12,,C COUNCIL MEMBER LUKE CAVENER VOTEDLILA Q- COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) or Ta e Weerd o�°K�p nuc�sr� r 044 94+ Attest: tDIAN�' IDAHO a. w Jacy J nes City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: /13 b CityClerk's O i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 ' 3 EXHIBIT A STAFF REPORT HEADING DATE: June 28, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: TM Creek — MDA H-2016-0067 T. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, requests a modificationto the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard this item on June 28.2016. At thepublic hearing, the oun i approved the subject MDA i eaue t .a, ,Summary of City Council Public Hearing: L_ In favor: Mike Wardle, Applicant's Rem•esentative I In opposition: None i Li Commenting: None iy, Written testimony: Mike Wardle, Applicant's Representative fin agreement with the taf rt y. Staff presenting application: Sonya Watters yat Other staff commenting on application: None. b_ Key issue(s) of Public Testimony: L None c 16ai Issues of Discussion by Council: L None I Key Council Changes to Staff/Commission Recommendatio L None I1I. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0067 as presented in the staff report for the hearing date of June 28, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0067 as presented during the hearing on June 28, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0054 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) TMCreek — MDA H-2016-0067 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the northwest. ''/4 of Section 14, Township 3N., Range 1W. B. Owner: SCS Brighton, LLC 12601 W. Explorer Drive, Ste, 200 Boise, ID 83713 C. Applicant: Same as Owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5: B. Newspaper notifications published on: June 6 and 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: June 13, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually approved for a mix of commercial uses. B. Character of Surrounding Area and Adjacent Land Use and Zoning North: W. Franklin Road and rural residential/agricultural land, zoned RUT in Ada. County West: S. Ten Mile Road and agricultural land, zoned RUT in Ada County South: Apicultural land, zoned C -G East: Agricultural land, zoned RUT in Ada County (R-40 zoning has been approved but has not yet been finalized) C. History of Previous Actions: The annexation and zoning (AZ -13-015) and preliminary plat (PP -13-030) for TM Creek Subdivision were approved by City Council on April 1, 2014. The first phase final plat (FP -14-039) was approved by City Council on November 5, 2014. A 2 -year time extension to obtain the City Engineer's signature on the first phase final plat was approved by the Director on April 18, 2016 which extended the time in which the applicant could obtain signature to April 1, 2018. TM Creek — MDA H-2016-0067 EXHIBIT A VII. ANALYSIS The applicant requests a modification to the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. Preliminary plat condition of approval #2.2;9 in the Findings, attached to the Development Agreement (DA) as Exhibit B, requires the final plat for this subdivision to be recorded prior to applying for building permits. The applicant would like to obtain one (1) building permit within the area proposed to be platted in Phase 2 prior to any final plats being recorded. This will facilitate an existing business in Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to the plat being recorded as currently required. Because more than one building is allowed to be constructed on commeicially .zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case, a preliminary plat condition of approval was included that required subdivision of the property prior to applying for building permits, Staff supports the applicant's request to obtain one (1) building permit as requested per the modification to the DA in Exhibit A.2. Approval of a Certificate of Zoning Compliance and Design Review application will be required for each building/site prior to application for building permits. Staff recommends approval of the applicant's requested modification to the DA as shown in Exhibit A.2, VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2, Proposed Change to the Development Agreement TM Creek --MDA H-2016-0067 EXHIBIT A Exhibit A.l: Vicinity/Zoning Map TM Creek — MDA H-2016-0067 EXHIBIT A Exhibit A.2: Proposed Changes to the Development Agreement Page 2 of the Development Agreement 1,7 WHEREAS, City Council, the 1" day of April, 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 "13"; and Condition #2.29 of the Findings attached to the Development Agreement as Exhibit B: Street signs are to be in place, sanity 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 Plato for this subdivision shall be recorded, prior to applying for building permits, provided however, that one building Permit is allowed prior to recordation ofa -final plat for the phase in which it is located as approved with H-2016-0067. TM Creek — MDA H-2016-0067 Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0067 ITEM TITLE: Pope's Garden Findings of Fact, Conclusions of Law for Denial for Pope's Garden (H-2016-0006 REVISED) by Iron Mountain Real Estate. Located at 2662 E Magic View Drive 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 Since the request to amend the future land use map has been denied, the request for annexation and zoning, preliminary plat, conditional use permit are no longer needed and are therefore denied. 2016. By action of the City Council at its regular meeting held on the I , day of August, ROLL CALL: COUNCILMAN KEITH BIRD VOTED U COUNCILMAN JOE BORTON VOTED IAe COUNCILMAN LUKE CAVENER VOTED 0 COUNCILWOMAN GENESIS MILAM VOTED (� COUNCILMAN TY PALMER VOTED COUNCILMAN ANNE LITTLE ROBERTS VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED MOTION: ATTEST: P,/g /A) APPROVED: JAYCEIR HOLMAN, CITY DISAPPROVED: 7EpA�GAYOR MY DE WEERD sr �•��' 0r W DAHD Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By:_�--�6y (�) k& Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR ANNEXATION; PRELIMINARY PLAT; CONDITIONAL USE PERMIT AND FUTURE LAND USE AMENDMENT Case No. H-2016-0006 PAGE 4 OF 4 EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 1 STAFF REPORT Hearing Date: July 26, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pope’s Garden – AZ, CPAM, CUP, PP (H-2016-0006) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Iron Mountain Real Estate, has submitted an application for the following:  An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 5.28 acres of land from Office to Medium High Density Residential;  Annexation and zoning (AZ) of 5.28 acres of land from the RUT zoning district in Ada County to the R-15 zoning district;  Preliminary plat (PP) consisting of 20 19 building lots, 4 common lots and 1 other lot on 5.28 acres of land in the R-15 zoning district; and,  Conditional use permit (CUP) for a multi-family development consisting of 79 76 dwelling units in the R-15 district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ, PP and CUP 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 March 3 and 17, 2016. At the public hearing on March 17th, the Commission moved to recommend denial of the subject AZ, CPAM, CUP and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kevin Amar, Kent Brown ii. In opposition: John Stefan; Mary Rockrohr; David Ballard; Ron Peterson; Kelly Buchanan; Ian Sodine; Gary McAllister; Jerry Todd; Kelly Barbour; John Overton; Roger Tebo; Ty Vendenakker; Catherine Jones; Brent Belliston; Lori Somazzi; Kelly Ketlinski; Clare Gaylord; Jim Barnes; Honor Harris; Sandra Overton; Kevin Elhe; Robin McCulley; and Mario Marisi. iii. Commenting: None iv. Written testimony: David Ballard; Brent and Diane Belliston; petition from Woodbridge HOA v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Traffic – cut-through traffic through Woodbridge and Greenhill Estates subdivisions; opposition of the extension of Hickory Way from Greenhill Estates subdivision to Magic View Drive; pedestrian safety due to lack of sidewalks and street lights in Greenhill EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 2 Estates and along Magic View; congestion at the E. St. Luke’s Street/Eagle Road traffic light and at the E. Woodbridge Drive/Locust Grove intersection. ii. Opposition of the land use change from office to medium high density residential. iii. Lack of transition in density/zoning from Greenhill Estates subdivision (R1 to R-15). iv. Concern regarding the sale of the individual structures and common management & maintenance. v. Request for a berm and restriction for single-story structures along the northern boundary of the site; vi. Concern that future residents will use common areas/site amenities in adjacent developments. vii. Concern that if an amendment to the FLUM is approved for this property to allow a multi-family development, the other adjacent Office designated properties may follow suit. viii. Concern that property values will lower with the multi-family development. c. Key Issues of Discussion by Commission: i. Desire for additional right-of-way to be dedicated to allow Magic View Drive to “straighten out” more where it intersects Wells Street and drops to the south. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None This project was scheduled for a public hearing before the City Council on May 17, 2016. On April 25, 2016, the applicant submitted a request to City Council for the project to be remanded back to the Commission. The reason was because ACHD required the public street right-of-way (Hickory Way) along the west boundary of the site to be removed from the plat. This change allowed the applicant to modify the site plan to create a better buffer between the site and the Greenhill Estates neighbors to the north. The applicant felt these changes were significant and addressed many of the concerns the Commission had when they reviewed the project. The Council approved the applicant’s request to remand the project back to the Commission for review and a new recommendation from Commission based on the revised plans. The applicant has submitted a revised preliminary plat and landscape plan based on the aforementioned changes. Staff has updated the staff report based on the revised plans and ACHD’s report; updated areas are shown in strike-out/underline format. The Meridian Planning & Zoning Commission heard these items again on June 23, 2016. At the public hearing, the Commission moved to recommend denial of the subject AZ, CPAM, CUP, and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kevin Amar, Kent Brown ii. In opposition: John Overton; Jim Voorhees; Mary Rockrohr; Kelly Barber; Ian Sodine; John Stefan; Dale Sharp; Ron Peterson; Katie Smith; Lorrie Somazzi; Kathryn Jones; Ronald Vance; Celeste Fox; David Ballard; Andrea Stoffle; Kelly Ketlinski; Kevin Ehle; Brent Belliston; Roger Tebow; Gloria Nanney; Larry Andrews; Gene Fox; iii. Commenting: None iv. Written testimony: Petition from neighbors (see public record); Walter Poly v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Objection to the change to the FLUM from Office to Medium High Density Residential; EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 3 ii. Not enough transition from the R1 neighborhood to the north to the proposed multi- family development; iii. Increased traffic generated by multi-family development and impact to adjacent residential areas; iv. Concern regarding management of the apartments if the structures are on separate lots under different ownership. c. Key Issues of Discussion by Commission: i. The appropriateness of a multi-family development in this area vs. office as currently designated; ii. Traffic impacts on adjacent developments and streets generated by development of this property. iii. Maintenance of the back side of the berm along the north boundary of the site. d. Commission Change(s) to Staff Recommendation: i. The Commission voted to deny the subject applications based on maintaining the integrity of the current plan and addressing traffic issues in this area before any zoning changes happen. f. Outstanding Issue(s) for City Council: i. The Commission requested the Mayor and City Council send a letter to ACHD requesting a traffic study be done in this area to address access and traffic issues. The Meridian City Council heard these items on July 26, 2016. At the public hearing, the Council denied the subject CPAM, AZ, CUP and PP request. a. Summary of City Council Public Hearing: i. In favor: Kevin Amar; Kent Brown ii. In opposition: John Overton; Celeste Fox; Catherine Jones; Gene Fox; Mario Marisi; Ian Sodine; Helen Sharp; Vanessa Cornelius; David Ballard; Ronald Vance Sr.; Kelli Ketlinski; Ron Peterson; Kelly Barbour; Larry Andrews; Roger Tebow; Gary McAllister; Karri Townsend; Robert Parker; David Roberts; Carol Johnson; Lorrie Somazzi; and Jerri Henry. iii. Commenting: None iv. Written testimony: Petition from residents of Woodbridge Subdivision with 227 signatures and a petition from residents of Greenhill Estates with 42 signatures requesting denial of project. v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Proposed plan does not provide enough transition from R1 zoned lots to the north to the proposed R-15 zone; ii. Increased traffic in the area generated by the proposed development; iii. Negative effect on established neighborhoods and infrastructure; iv. Preference for office uses per the current plan. c. Key Issues of Discussion by Council: i. The proposed land use change from Office to MHDR; ii. Location of the proposed project and detriment it will have on neighboring areas and traffic. d. Key Council Changes to Commission Recommendation i. Council concurred with the Commission’s recommendation to deny the proposed applications based on unwillingness to amend the FLUM designation from Office to MHDR. EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 4 ii. Council requested the Mayor send a letter to ACHD requesting a traffic study of this area to explore alternatives to address access and traffic issues long term in this area. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0006, as presented in the staff report for the hearing date of June 23, 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 Number H-2016-0006, as presented during the hearing on June 23, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2662 E. Magic View Drive, in the northeast ¼ of Section 17, Township 3 North, Range 1 East. (Parcel #: R5443010050) B. Owner(s): Harless McMikle 12158 W. Silverking Court Boise, ID 83709 C. Applicant: Iron Mountain Real Estates 3681 N. Locust Grove Road, Ste. 100 Meridian, ID 83646 D. Representative: Kent Brown, Kent Brown Planning 3161 E. Springwood Drive Meridian, Idaho 83642 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and zoning, preliminary plat and a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15 and 29, 2016 (Commission); April 25 and May 9, 2016 (City Council); June 6 and 20, 2016 (Commission) C. Radius notices mailed to properties within 300 feet on: February 5, 2016 (Commission); April 18, 2016 (City Council); May 26, 2016 (Commission) D. Applicant posted notice on site(s) on: February 22 and March 7, 2016 (Commission); May 6, EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 5 2016 (City Council); June 13, 2016 (Commission) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential homes in Greenhill Estates, zoned R1 in Ada County 2. East: Rural residential property with a home, zoned RUT in Ada County 3. South: E. Magic View Drive and two rural residential properties, zoned RUT in Ada County 4. West: Single-family attached homes in the development process (Waverly Place), zoned R-8 C. History of Previous Actions: This property is included in the Amended Magic View Subdivision plat as Lot 5. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Magic View Drive. b. Location of water: Water mains intended to provide service to the subject site currently exist in Magic View Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): The subject property is currently designated Office on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Office designated areas provide opportunities for low-impact business areas, including offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 5.28 acres of land from Office to Medium High Density Residential (MHDR). Areas designated MHDR allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. TRANSPORTATION: The Master Street Map (MSM) depicts an industrial collector street along the west boundary of this site extending from the north in Greenhill Estates subdivision (S. Hickory Way). However, the ACHD is only Commission did not requiringe right-of-way (ROW) for Hickory EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 6 Way to be dedicated or the street extended as a local street with a reduced street section and sidewalk only on the east side to allow for a larger buffer on the west side with development of this site; if the property does not develop as proposed, the extension of Hickory will be evaluated on a case by case basis with future development applications and may be required. ACHD will pay for the off-site extension of Hickory from E. Autumn Way to the north boundary of this site. Regardless of the type of use that develops on this site, Hickory will be required to be extended to Magic View as a provision of development. The proposed MHDR land use would generate fewer trips per unit than typical development within the existing Office land use. The subject site is also within ¾ mile walking distance of an existing inter-county bus route (Route 42), and walking and biking distance to regional employers developed in the surrounding area. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MHDR designation. Vehicular and pedestrian connectivity will be provided with the extension of S. Hickory Way along the west boundary of the site. Pedestrian and emergency vehicle access will be provided at the northwest corner of the site via improvement of the Hickory Way right-of-way in Greenhill Estates per the ACHD Commission’s decision. The applicant submitted a development plan that depicts (19) 4-plexes and (1) tri-plex structure containing a total of 79 76 dwelling units – all with 2 bedroom/2 bath units – at a gross density of 14.96 14.39 units/acre and a net density of 26.3 26+/- units/acre. The proposed density falls at the high end but within the density range desired in MHDR designated areas. The site abuts rural residential one acre lots to the north [designated Low Density Residential (LDR)], rural residential properties to the east (designated Office) and south (designated Office and Commercial) and urban density single-family attached homes in the development process to the west (designated MDR). GOALS, OBJECTIVES, & ACTION ITEMS: 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-high density residential development will contribute to the variety of residential categories that currently exist in this area (i.e. low and medium density). Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to St. Luke’s medical center and hospital, nearby shopping centers (The Village and Crossroads at Eagle/Fairview), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed medium-high density development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City. It’s also within a couple miles of Kleiner Park, a regional 60-acre City park northeast of this site. EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 7  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Although staff believes the proposed multi-family residential use of the property is generally compatible with existing single-family residential uses, staff does recommend more of a transition in density and housing types is provided along the north boundary of the site in addition to the proposed landscape buffer as this area is designated to remain low density residential. The proposed landscape buffer and solid fencing will assist in protecting the rural lot to the east which is designated on the FLUM as Office. Because the proposed use is residential, it should be generally compatible with abutting residential low and medium density residential uses. The applicant proposes a 50-foot wide landscape buffer to the three 1- acre lots to the north in Greenhill Estates with a 3-foot tall berm and 6-foot tall vinyl fence. The residential lots to the west are single-family attached units from which 4-plexes are a good transition. The 5 acre residential property to the east is designated on the FLUM for Office uses. Although the abutting uses are both residential, staff recommends a dense landscape buffer is provided along the east boundary of this site in accord with the standards listed in UDC 11-3B-9C. Note: A petition was submitted by adjacent homeowners objecting to the proposed change from Office to MHDR (see public record).  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4.  “Require common area in all subdivisions.” (3.07.02F) Common area is proposed within the development consisting of a plaza, stormwater detention facilities constructed in accord with UDC 11-3B-11, and passive open space in accord with the standards listed in UDC 11-3G-3B.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) The proposed development supports a number of policies statements within the Communities in Motion long-range transportation plan. Some of these include: o Encourage development to occur around existing transit and encourage new, transit‐ready development consistent with transit plans. (1.4.1) o Encourage infill development and more compact growth near community-identified activity centers. (2.3) o Implement mixed‐use residential developments along established and planned transit routes, especially where vacant land is available for infill development. (2.3.1) o Encourage mixed-use neighborhoods, town centers, and other development types that include a variety of housing options to meet the transportation and housing needs of all socio-economic groups.(3.1) EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 8 o Build attractive high‐density development in locations that can be supported by transit and are easily accessible to jobs, schools, services, parks, etc. (3.1.2)  “Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to ensure a wide variety of housing types can be developed and properly zoned and land is available” (3.07.01A) The area in the vicinity of Eagle Road and the I-84/Eagle Road interchange is limited in housing options. The proposed project would promote housing diversity and provide greater opportunities for residents to live near their place of employment and shopping centers.  “Adopt land use designations that will allow for housing opportunities for all income levels.” (3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement.  “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) The proposed 2450-foot wide landscaped buffer with trees, a 3-foot tall berm and a 6-foot tall vinyl fence along the northern boundary of the site, in addition to the existing conifer and deciduous trees on the adjacent rural lots to the north in Greenhill Estates, will assist in screening the site; this area is designated on the FLUM as Low Density Residential. Staff also recommends larger lots with less density are provided along the north property boundary to provide more of a transition to existing lots. A 15+’ wide landscaped buffer with a 6-foot tall vinyl fence is proposed along the east boundary of the site adjacent to the 5-acre rural residential property; this property is designed on the FLUM as Office. Staff recommends a dense landscape buffer is provided along this boundary to buffer between urban and rural densities. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on January 12, 2016 of which 8 people attended (see sign-up sheet included in application). b. Population EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 9 The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. A letter was received from the West Ada School District stating that the proposed development is predicted to generate approximately 78 school aged children (spread over all grade levels) which West Ada School District claims will have a significant impact on schools in the district most of which are already operating at or over capacity. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for office uses. However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55) and commercial and employment uses and services, Staff finds the proposed MHDR designation is appropriate for this site. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/SH-55 and I-84) should provide efficient and safe transportation to and from the development. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 10 j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. However, the site is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for office uses which do not allow residential uses. The applicant proposes to change the land use designation on this property to MHDR and develop multi-family residential uses on the site at a gross density of 14.96 14.39 units/acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical offices in close proximity to major transportation corridors (i.e. I-84 and Eagle Road/SH-55). m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a medium high-density residential development consisting of (19) 4-plexes and one tri-plex. To ensure quality design, all future structures will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. n. Agriculture The subject amendment does not impact areas being used for farming activities although a large portion of the property does appear to be used as pasture/grazing land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84, major transportation corridors in the City, and is in close proximity to shopping, employment and service uses, staff believes the MHDR designation and proposed development is appropriate for this property with EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 11 staff’s recommended changes. Further, it may be appropriate for additional lands in Magic View subdivision that are currently designated for Office uses that abut residential uses to be developed with higher density residential uses to provide a transition between low density residential and office/commercial uses. If the change to the FLUM is approved, the proposed development will contribute to the mix of housing types in this area at a density desired in MHDR designated areas. The development will also provide a transition from existing single-family homes to future office and commercial uses to the south and east and will provide housing options near commercial and employment areas located along Eagle Road and in the general vicinity. Convenient access to services and jobs for residents would also be provided. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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 (UDC 11-2A-1). The medium high-density residential (R- 15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-15 zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-15 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C and within common areas in accord with UDC 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 5.28 acres of land from Office to MHDR. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. B. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 5.28 acres of land with an R-15 zoning district consistent with the proposed FLUM designation of MHDR. The applicant has submitted a site plan, included in Exhibit A.4, that depicts (19) 4-plex and (1) tri-plex structures with a total of 79 76 dwelling units. The proposed R-15 zoning district will accommodate the proposed multi-family development with a gross density of 14.96 14.39 dwelling units per acre. The proposed R-15 zoning provides a transition in zoning and uses from the west from Waverly Place subdivision with attached single-family homes and R-8 zoning (and further to the west from EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 12 Woodbridge Subdivision with single-family detached homes and R-4 zoning) and from the north from Greenhill Estates subdivision with single-family detached homes and R1 zoning in Ada County (designated as Low Density Residential on the FLUM) to future office and commercial uses to the east and south. The proposed R-15 zoning and use will provide a less intense transition to the rural residential property to the east than a commercial office use as currently designated; the parcel to the east is designated for Office uses on the FLUM. 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 and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. C. Preliminary Plat (PP): The applicant proposes to re-subdivide Lot 5, of the Amended Magic View Subdivision. A new preliminary plat is proposed consisting of 20 19 building lots, 4 common area lots and 1 other lot for access and parking on 5.28 acres of land in the proposed R-15 zoning district. Existing Structures: There is an existing home and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.7 for the R-15 zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setback and dimensional standards for the R-15 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The UDC (11-3A-3) requires access to be taken from a local street when available. The proposed plat depicts two accesses for the development via E. Magic View Drive, at the southern boundary of the site and at the west boundary via S. Hickory Way. Magic View is designated as a local street west of S. Wells Street and as a collector street east of Wells where the eastern access is proposed. Council approval of the east access via E. Magic View Drive is required. ACHD staff is requesting Hickory be constructed as a local street section rather than a collector; it’s scheduled before the ACHD Commission on March 30th. Driveways are proposed for internal access to the proposed lots. Stub Streets/Street Improvements: There is unopened right-of-way (ROW) that stubs to the site at the northwest corner in Greenhill Estates Subdivision. The Master Street Map (MSM) depicts an industrial collector street (S. Hickory Way) between E. Autumn Way and E. Magic View Drive along the west boundary of this site. However, ACHD is only requiring S. Hickory Way to be extended as a local street with a reduced street section and sidewalk only on the east side to allow for a larger buffer on the west side. ACHD plans to construct Hickory where the existing ROW is located between E. Autumn Way and the north boundary of the site. Whether this site develops as proposed or with another use, this street will be required to be extended with development. At the ACHD Commission hearing on March 30, 2016, the Commission passed a motion to approve the development without right-of-way (ROW) being dedicated for the extension of Hickory Way on this property. The developer is required to construct the section of Hickory Way from the site’s north property line to Autumn Way as a minimum 20 -foot wide pedestrian, EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 13 bicycle, and emergency access within 50 feet of ROW. Although the City would prefer to see Hickory Way constructed to provide more interconnectivity and access via E. Franklin Road, staff is not pursuing the extension in light of ACHD’s decision. Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. Landscaping: Street buffer landscaping is required to be provided along collector streets as set forth in UDC Table 11-2A-7 per the standards listed in UDC 11-3B-7C; buffers are not required along local streets in the R-15 zone. A 20-foot wide street buffer is required along E. Magic View Drive, east of S. Wells Street and is required to be in a common lot maintained by the homeowner’s association per UDC 11-3B-7C.2a; the plat should be revised accordingly as proposed. To assist in providing a transition between the proposed development and the rural residential parcel to the east, staff recommends dense landscaping is provided along the east boundary of the site in accord with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. The applicant proposes to construct a 3-foot tall berm along the north property line along with a 6-foot tall fence on top of the berm to assist in buffering the abutting rural lots in Greenhill Estates. Because erecting a fence on top of the buffer will make the area on the back side of the buffer hard if not impossible to maintain, staff recommends a retaining wall instead of a buffer if desired to provide a higher visual buffer. However, staff is not requiring either. Open Space: A minimum of 10% (or 0.53 of an acre) of the area of the site is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B in addition to that required by UDC 11-4-3-27 for multi-family developments (see CUP analysis below). A total of 1.08 1.13 (or 21.5%) acres of qualified open space is proposed consisting of a plaza, stormwater detention facilities and active & passive open space consistent with UDC standards (see Exhibit A.4). Stormwater detention facilities must comply with the standards listed in UDC 11-3B-11. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within this development in addition those required by UDC 11-4-3-27 for multi-family developments (see CUP analysis below). A tot lot and half basketball court fitness facility in the leasing office are proposed as recreation amenities, one of which satisfies the amenity requirement in UDC 11-3G-3C. Pathway: No multi-use pathways are designated on the Pathways Master Plan for this site. Sidewalks are proposed adjacent to parking areas which provide access to neighboring units, common areas and site amenities. Pathways are proposed through common areas from the internal sidewalks out to the sidewalk along Magic View Drive. Waterways: There are no open ditches on this site. Fencing: A 6-foot tall solid vinyl fence is depicted on the landscape plan along the north, west and east boundaries. All fencing should comply with the standards listed in UDC 11-3A-7. No fencing may be constructed between lots within the subdivision so that open space is accessible by all residents within the subdivision. Further, CC&R’s should allow all residents access to all common areas depicted in Exhibit A.4. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17 along E. Magic View Drive; and S. Hickory Way attached sidewalks are required along local streets and detached sidewalks are required along collector streets. An attached sidewalk is depicted along the frontage of this site on Magic View; because Magic View is designated as a collector street east of Wells Street, a detached sidewalk is required along EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 14 that portion of Magic View in accord with UDC standards. A sidewalk is only proposed along the east side of Hickory and not on the west. ACHD has approved the sidewalk to only be provided on the east side of the street in order to provide more of a buffer to the west. Staff agrees with the intent of this proposal based on existing site conditions (i.e. the location of the existing right-of- way (ROW) to the dictates the location of the street and the resulting buffer on the west); however the UDC requires sidewalks on both sides of the street unless Council approves otherwise. Note: Continuous sidewalks exist off-site to the east and west for access to Locust Grove and Eagle Roads with the exception of across the frontage of the 5 acre rural parcel to the east. Because there isn’t a nearby school necessitating pedestrian access for school children, staff isn’t recommending the applicant construct an off-site sidewalk as an improvement with this development although there appears to be adequate ROW for an attached sidewalk along Magic View. Utilities: Street lights are required to be installed along public streets adjacent to 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. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. An Two ACHD storm drainage ponds as well as a site storm drainage area is depicted on the landscape plan within common area along E. Magic View Drive. In order for these areas to count toward the qualified open space requirements, they must be constructed in accord with the standards listed in UDC 11-3B-11. D. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed R-15 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of 79 76 dwelling units consisting of within (19) 4-plex structures and (1) tri-plex – all containing 2 bedroom/2 bath units. The (2) 4-plexes and (1) tri-plex at the north end of the development are proposed to be constructed as townhouse style units with living space upstairs and downstairs for each unit for a transition to existing single- family detached homes to the north. As discussed above in Section VII, staff recommends more of a transition in lot sizes and density along the northern property boundary is provided adjacent to the existing 1-acre lots in Greenhill Estates. As proposed, 7 units on Lots 17 & 18 abut one unit to the north; and 4 units on Lot 19 abut one unit to the north. The number of units in this area should be reduced, the lot sizes increased, and the open space area on Lot 16 shifted to the east to provide more of a transition in density and lot sizes and distribution of units adjacent to rural lots. Additionally, staff recommends the 4-plex and tri-plex structures on Lots 17-19 are changed to (3) duplex or single- family attached structures with a maximum of 6 units. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 15  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. All of the floor plans depict 80 s.f. of private usable open space consisting of patios and balconies for each unit in accord with UDC standards.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. An on-site property management office is proposed in the fitness building, a central mailbox location and a directory and map of the development is depicted on the site plan. and maintenance storage area is proposed within one of the units; the The site plan submitted with the Certificate of Zoning Compliance application should depict the exact location of such a maintenance storage area. A central mailbox location with provisions for parcel mail and directory map of the development should also be depicted on the site plan.  At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units (79 76) contain between 500 and 1,200 square feet of living area, a minimum of 19,750 19,000 s.f. (or 0.45 0.44 of an acre) of common open space is required to be provided in addition to that (0.53 of an acre) required by UDC 11-3G-3B. A total of 1.08 1.13 acres of common open space is proposed consisting of active and passive common areas at least 400 square feet in area in accord with UDC standards. Based on the revisions to the site plan recommended by staff, which results in a reduction of units to 74, a minimum of 18,500 square feet (0.42 of an acre) of common open space is required in addition to that required (0.53 of an acre) by UDC 11-3G-3B for a total of 0.95 of an acre.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 79 76 units are proposed, 4 amenities should be provided for the site with at least one from each category (i.e. quality of life, open space, recreation) in addition to those (1) required by UDC 11-3G-3C. The applicant proposes to provide a tot lot with a children’s play structure and a half basketball court as a recreation amenitiesy; and a hardscaped plaza area with seating, and (3) 50’x 100’ open grassy areas as an open space amenityies; and a fitness facility as a quality of life amenity in accord with UDC standards. Based on the proposed number of units, one additional amenity should be provided from the quality of life category (i.e. clubhouse, fitness facilities, enclosed bike storage, public art such as a statue) and one other amenity should be provide from any of the categories. Based on the reduction in the number of units proposed by staff, only one additional amenity is required from the quality of life category.  The architectural character of the structures shall comply with the standards listed in UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 incorporate windows and offset walls for variety and articulation; main entrances are designed as a focal point of the building and are covered for weather protection; rooflines have a significant pitch; and building materials consist of horizontal lap siding, vertical board and batten siding, stone veneer accents, and architectural shingles in accord with these standards. Windows should be added on elevations that face the open play area and the basketball court and any other areas used for children’s recreation to allow views of these areas. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. Administrative design review is required with the Certificate of Zoning EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 16 Compliance application(s) to ensure final design of structures comply with this requirement and the City of Meridian Architectural Standards Manual. See Building Elevations section below for more information.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face S. Hickory Way and E. Magic View Drive.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application or prior to issuance of Certificate of Occupancy at the latest. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6. Based on (79 76) 2-bedroom units, a total of 158 152 parking spaces are required for the multi-family development – 79 76 of which are required to be in a covered carport or garage. The site plan depicts a total of 158 171 parking spaces – 135 165 standard stalls, 4 and 6 handicap van-accessible stalls; 70 of which are covered carport spaces. and 19 compact stalls, none of which appear to be covered on the site plan although the applicant’s narrative states one carports space will be provided for each unit. Compact stalls are only allowed to be provided above the number of required parking spaces. For non-residential uses such as the property management office/fitness facility, a minimum of one space is required to be provided for every 500 square feet of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on 984 1,050 square feet, a minimum of one parking space is required to be provided for the leasing office/fitness building. Based on the revisions to the site plan recommended by staff, w hich reduces the number of units to 74, a total of 148 spaces would be required with 74 of those in a covered carport or garage with one additional space for the office. Staff recommends the site plan is revised prior to the Commission meeting to demonstrate how/if parking can be provided in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 148 170 vehicle spaces required to be provided, a minimum of 6 7 bicycle spaces are required. The applicant proposes landscape plan depicts (2) 7-space bicycle racks in compliance with this requirement; however, staff is unable to locate them on the plan. The plan submitted with the Certificate of Zoning Compliance application should depict the location of the bicycle racks. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. A buffer to adjoining land uses is not required as the existing and proposed uses are all residential in nature and the proposed zoning is R -15. Street buffer landscaping is not required to be provided either as buffers are not required adjacent to local streets in the R-15 zoning district; however, a 20-foot wide street buffer is required along collector streets. Therefore, a 20-foot wide street buffer is required along the portion of E. Magic View Drive that is east of Wells Street that is designated as a collector street. EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 17 A 2450-foot wide landscape buffer with trees is proposed along the northern boundary of the site to the adjacent low density County subdivision (Greenhill Estates); and a 15+’ wide landscape buffer is proposed adjacent to the rural 5 acre lot to the east. Staff recommends additional landscaping is provided within the buffer area to the east in accord with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses as follows: the buffer area shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area as set forth in UDC 11-3B-7C.2c. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. Building Elevations: The architectural character of the structures shall comply with the standards listed in UDC 11-4-3-27E as noted above, and the City of Meridian Architectural Standards Manual. One Bbuilding elevations and floor plans were was submitted for the proposed multi-family 4- plex structures within this development as shown in Exhibit A.5. Building materials consist of horizontal and vertical lap siding, vertical board and batten siding, with stone veneer accents, and architectural shingles. Three different Only one designs of residential 4-plex structures are is proposed consisting of two (2) 4-plex and one (1) tri-plex townhouse style structures on the north end of the site and seventeen (17) typical 4-plex structures on the remainder of the site. The townhome style units are proposed along the north boundary to provide a transition to the single- family homes to the north. As noted above, staff recommends duplex or attached homes are provided instead for more of a transition and to reduce the massing of rooflines along the north boundary. Prior to the City Council meeting, the applicant should submit conceptual elevations for the recommended 2 unit structures. Staff recommends additional building elevations are submitted prior to the City Council hearing that demonstrate variety in design, color and/or form in accord with the Architectural Standards Manual. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed CPAM, PP and CUP applications with the conditions included in Exhibit B and approval of the proposed AZ application with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM EXHIBIT A Pope’s Garden – CPAM, AZ, PP, CUP H-2016-0006 PAGE 18 3. Proposed Preliminary Plat (dated: 1/17/2016) 4. Proposed Landscape Plan (dated: 1/18/2016) 5. Proposed Building Elevations & Floor Plans B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map EXHIBIT A - 2 - Exhibit A.2: Existing and Proposed Future Land Use Map EXHIBIT A - 3 - Exhibit A.3: Proposed Preliminary Plat (dated: 1/17/2016) NOT APPROVED EXHIBIT A - 4 - REVISED Preliminary Plat (dated: 6/10/16) EXHIBIT A - 5 - Exhibit A.4: Proposed Landscape Plan (dated: 1/18/16) & Open Space Exhibit (dated: 1/17/16) NOT APPROVED EXHIBIT A - 6 - EXHIBIT A - 7 - REVISED Landscape Plan (dated: 1/18/16) REVISED Open Space Exhibit (dated: 6/10/16) EXHIBIT A - 8 - Exhibit A.5: Proposed Building Elevations & Floor Plans EXHIBIT A - 9 - EXHIBIT A - 10 - TOWNHOME STYLE 3-PLEX FRONT REAR EXHIBIT A - 11 - EXHIBIT A - 12 - 4-PLEX EXHIBIT A - 13 - EXHIBIT A - 14 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on the final plat. b. Future development of this site shall substantially comply with the preliminary plat and site/landscape plan included in Exhibit A and the conditions contained herein. c. The subject property shall be subdivided prior to issuance of any building permits for the site. d. A maximum of 74 76 residential dwelling units shall be constructed within this development. e. South Hickory Way shall be extended along the west boundary of this site The developer shall construct the section of Hickory Way from the site’s north property line to Autumn Way as a minimum 20-foot wide pedestrian, bicycle, and emergency access within 50 feet of right- of-way with development in accord with ACHD requirements. f. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. Windows are required on all elevations that face the open play area, the basketball court and any other areas used for children’s recreation to allow views of these areas. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. g. Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children’s play structure as a recreation amenity; a hardscaped plaza area with seating and (3) 50’x 100’ open grassy areas as open space amenities; and a fitness facility as a quality of life amenity in accord with the standards listed in UDC 11-3G-3C and 11-4-3-27D. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. 1.1.3 The revised preliminary plat included in Exhibit A.3, dated 1/17/16 6/10/16, shall be revised as follows: is approved as submitted. a. The footprint of the 4-plex and tri-plex structures on Lots 17-19 shall be changed to (3) duplex or single-family attached structures with a maximum of 6 units and the common area on Lot 16 should be shifted to the east to provide more of a transition in density and distribution of units. b. A 20-foot wide street buffer is required along the portion of E. Magic View Drive that is EXHIBIT A - 15 - classified as a collector street east E. Magic View Drive and is required to be in a common lot maintained by the homeowner’s association in accord with UDC Table 11-2A-7 and 11-3B- 7C.2a. 1.1.4 The revised site/landscape plan included in Exhibit A.4, dated 1/18/16, shall be revised as follows: a. The footprint of the 4-plex and tri-plex structures on Lots 17-19 shall be changed to (3) duplex or single-family attached structures with a maximum of 6 units and the common area on Lot 16 should be shifted to the east to provide more of a transition in density and distribution of units. Staff recommends the site plan is revised prior to the Commission meeting to reflect this change. b. Depict a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access, per UDC 11-4-3-27B.7. (Shown on revised site plan) c. Depict a directory and map of the development at an entrance or convenient location for those entering the development, per UDC 11-4-3-27B.7. (Shown on revised site plan) d. Depict the location of the property management office and maintenance storage area required by UDC 11-4-3-27B.7. (Shown on revised site plan) e. Depict landscaping along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. f. Depict one (1) additional site amenity from the “quality of life” category (see UDC 11-4-3- 27D) in addition to the tot lot with children’s play equipment, half basketball court, and hardscaped plaza with seating already proposed. This amenity should be identified at or prior to the Commission hearing. g. Depict the location of two (2) 7-rack bicycle racks on the site as proposed. (Shown on revised site plan) h. Depict a minimum of 149 standard parking stalls on the site, which may include handicap stalls; 74 of which shall be in a covered carport or garage in accord with UDC 11-3C-6B and Table 11-3C-6. Compact stalls may be provided above and beyond the required number. Staff recommends the site plan is revised prior to the Commission meeting to demonstrate how/if parking can be provided in accord with UDC standards. (Revised site plan complies with UDC standards) i. Relocate the trash enclosure proposed at the southern boundary of the site as required by Republic Services (see condition #5.1 below). (Shown on revised site plan) j. Depict a minimum 5-foot wide sidewalk along the west side of S. Hickory Way per UDC 11- 3A-17, unless otherwise waived by Council. k. Depict a 5-foot wide detached sidewalk along the portion of E. Magic View Drive that is classified as a collector street east of S. Wells Street. l. Provide landscaping along the east boundary of the site in accord with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. 1.1.5 No fencing is allowed to be constructed between lots within the subdivision so that open space is accessible by all residents within the subdivision. 1.1.6 CC&R’s for the development shall state that all residents have access to all common areas depicted in the open space exhibit in Exhibit A.4. EXHIBIT A - 16 - 1.1.7 A minimum of 0.95 1.13 of an acres of qualified open space shall be provided within the development in accord with UDC 11-3G-3B and 11-4-3-27C as shown on the approved landscape plan in Exhibit A.4. Include detailed calculations along with an exhibit demonstrating compliance with these standards. 1.1.8 Submit a detail of the proposed children’s play equipment for the tot lot and a detail of the seating proposed in the plaza area with the final plat application. 1.1.9 Prior to the City Council meeting, the applicant shall submit conceptual elevations for the 2 unit structures (duplex or attached single-family dwellings) along the north boundary of the site. 1.1.9 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.10 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 1.1.11 Staff recommends additional building elevations are submitted prior to the City Council hearing that demonstrate variety in design, color and/or form in accord with the Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 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 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. EXHIBIT A - 17 - 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 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. 1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible for the installation of a 10-inch water main in S. Hickory Way, from E. Magic View Drive to the north subdivision boundary, however the portion of the main from the western entrance to the development to the north subdivision boundary is for future extension to the north. The developer will not be required to install this section of main at this time, but instead shall deposit with the city 125% of the bid cost for the installation. The city will then use these funds in the future when the extension is needed. 2.1.2 A street light plan will need to be included in the final plat application. 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 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. EXHIBIT A - 18 - 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with EXHIBIT A - 19 - 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 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. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 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 ½” outlet face the main street 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’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. EXHIBIT A - 20 - h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 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. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 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. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.13 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.14 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 Republic Services has requested the trash enclosure be relocated. Please coordinate with Bob Olson, Republic Services (208-345-1265) and obtain approval of the trash enclosure location prior to submittal of the Certificate of Zoning Compliance application. EXHIBIT A - 21 - 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Magic View Drive as one-half of a 36-foot wide street section with curb, gutter, minimum 12-feet of pavement on the other side, and either 7-foot wide attached sidewalk or 5- foot wide detached sidewalk abutting the site. 7.1.2 Provide a permanent right-of-way easement for any public sidewalks placed outside of 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. 7.1.3 Construct the section of Hickory Way from the site’s north property line to Autumn Way as a minimum 20-foot wide pedestrian, bicycle, and emergency access within 50-feet of right-of-way. Enter into a license agreement for the use and maintenance of the unopened right-of-way. 7.1.4 Construct a 26-foot wide curb return driveway on Magic View Drive located 130-feet east of Wells Street/ Magic View Drive intersection. Pave the driveway its full width, and at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.5 Construct a 26-foot wide driveway on Hickory Way located approximately 235-feet north of Magic View Drive. Pave the driveway its full width, at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to Magic View Drive and should be noted on the final plat. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. EXHIBIT A - 22 - 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 23 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 24 - EXHIBIT A - 25 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed changes to the Future Land Use Map are not consistent with elements of the Comprehensive Plan pertaining to transition in zoning and uses and compatibility with adjacent land uses. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for medium high-density residential uses is not be compatible with existing residential uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is not internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan pertaining to transition in zoning, land use and compatibility with existing residential land uses. d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code in that an amendment to the MHDR FLUM designation is necessary in order to rezone the property to R-15 to develop multi-family residential uses on the site. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will not be compatible with adjacent existing and future residential uses per the public testimony provided at the hearing. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment does not provide a logical juxtaposition of uses and does not allow sufficient area to mitigate the impacts of the proposed development. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated above, the City Council finds that the proposed amendment is not in the best interest of the City. EXHIBIT A - 26 - 2. ANNEXATION & ZONING 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, t he Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to R-15 is not consistent with the existing Office FLUM designation for this site or compatible with existing and future uses in the area without a change to the FLUM of which the City Council does not approve. Therefore, the City Council finds the amendment is not consistent with the applicable provisions of the Comprehensive Plan (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 City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. However, it is not consistent with the current Office designation on the FLUM for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Based on testimony provided at the public hearing, the City Council finds that the proposed zoning amendment would be detrimental to the public health, safety, or welfare. 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 City Council finds that the proposed zoning amendment would 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). Based on testimony provided at the public hearing, the City Council finds the proposed annexation of this property is not in the best interest of the City. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is not in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A - 27 - 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 developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) the Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this property. ACHD considers road safety issues in their analysis. Based on public testimony, the City Council finds the development will be detrimental to the public safety and general welfare due to increased traffic on internal subdivision streets. 4. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use is not harmonious with the FLUM designation of Office for this property or with existing residential uses. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the general design, construction, operation and maintenance of the multi-family use will not be compatible with existing residential uses in the vicinity and with the existing and intended character of the area based on testimony provided a the public hearing. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds approval of the proposed project will adversely affect other properties in the vicinity based on testimony provided at the public hearing from nearby residents. EXHIBIT A - 28 - e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant would be responsible to pay to extend the sanitary sewer and water mains into the site and pay impact fees if the project were approved. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the production of excessive traffic from the development will be detrimental to residents in the area based on testimony provided at the public hearing from area residents. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4D PROJECT NUMBER: H-2016-0036 ITEM TITLE: Gibson Amity Property Findings of Fact, Conclusions of Law for Approval for Gibson Amity Property (H-2016- 0036) by CLG, Inc. Located 357 E. Amity Road MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.864 Acres of Land with an I-L Zoning District, for the property located at 357 E. Amity Road in the NW ¼ of Section 31, Township 3N., Range 1E., by CLG, Inc., Inc. Case No(s). H-2016-0036 For the City Council Hearing Date of: July 26, 2016 (Findings on August 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 26, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 26, 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 six (6) months 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 six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 26, 2016 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 vl day of & I ' VOTED VOTED VOTED 11�wffmijwj'as VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e Weerd Attest: Gomer _�T\ r Chy of W E IDIAN� IDAHO Jaycee 4olman SEAL City Clerk Hyl''_ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C • -S / / (.6,9 L Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 -3- Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 1 STAFF REPORT Hearing Date: July 26, 2016 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0036 – Gibson Amity Property–AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, CLG, Inc. has submitted an application for annexation and zoning (AZ) of 5.864 acres of land with an I-L zoning district for Gibson Amity Property. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 23, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant’s Representative (response to the staff report) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing for redevelopment of the property. iii. Condition 1.1.1C regarding cross-access to the parcel to the east and whether that is appropriate. iv. Removal of the existing telecommunications tower on site. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read “Reciprocal cross access to the east will be granted when the property is annexed to the City of Meridian and is developed as a compatible use.” ii. Modify condition 1.1.1D and 1.1.1E to require these improvements within six(6) months of connection to city utilities. iii. Modify 1.1.1K to require the existing buildings to be brought up to city code and design review within six (6) months of sewer and water connections, and that the communications tower be removed upon annexation. e. Outstanding Issue(s) for City Council: i. None Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 2 The Meridian City Council heard these items on July 26, 2016. At the public hearing, the Council approved the subject AZ and MDA requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing of connection to city utilities d. Key Council Changes to Commission Recommendation i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0036 as presented in staff report for the hearing date of May 5, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0036 as presented in staff report for the hearing date of May 5, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 357 E. Amity Road (Parcel # S1131212652) The site is generally located near the southeast corner of E. Amity and S. Meridian Roads, in the NW ¼ of Section 31, Township 3N., Range 1E. b. Owner/Applicant: CLG, Inc. P.O. Box 395 Eagle, ID 83680 c. Representative: Tamara Thompson, The Land Group 462 E. Shore Drive, Suite 100 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 3 a. The subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: April 18 and May 2, 2016 (Commission) July 4 and July 18, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: April 7, 2016 (Commission) June 30, 2016 (Council) d. Applicant posted notice on site by: April 19, 2016 (Commission) July 8, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property is currently developed with three (3) industrial buildings. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: E. Amity Road and property zoned RUT in Ada County 2. East: Vacant property, zoned RUT in Ada County 3. South: Vacant land, zoned R-4 4. West: A proposed storage facility, zoned I-L c. History of Previous Actions: Gravel mining operations were approved through the County. d. Utilities: 1. Public Works: Location of sewer: Sanitary sewer mains to provide service to the subject site currently do not exist. Location of water: Water mains to provide service to the subject site currently do not exist. Issues or concerns: The Meridian Public Works Department will be extending sanitary sewer and water service to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. e. Physical Features: 1. Canals/Ditches Irrigation: The City received comments from the Boise Project Board of Control that the Watkins Drain traverses the property and is contained in a 100-foot easement. 2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwest corner to the southeastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use–Non Residential (MU-NR) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the MU-NR designation is to set aside areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 4 these areas. The City envisions a wide variety of non-residential land uses may occur in the MU- NR areas. See pages 30-31 in the Comprehensive Plan for more information. Mixed use designations provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. The intent of this designation is to promote developments that offer functional and physical integration of land uses while allowing developers a greater degree of design and use flexibility. In reviewing development applications, the following items will be considered in MU-NR areas:  No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures).  Development is not required to comply with the items listed for development in all Mixed Use areas.  All developments should have a mix of at least two types of land uses.  Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged.  In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.  A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 5  Community facilities such as a hospital, school, park, daycare, civic building or public safety facilities are encouraged in larger developments.  All retail and service commercial components of projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.  Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.  There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses. Sample uses, appropriate in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-L and I-H. The applicant proposes to annex the site with an I-L zoning district which is an appropriate zoning district for an MU-NR designated area. The site is proposed to develop with industrial uses, specifically a contractor’s yard. This project is part of a larger MU-NR area, so staff does envision a mix of uses to develop in the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics):  “Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian.” (6.05.01I) A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwest corner to the south eastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction.  “Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) The subject property abuts E. Amity Road on the north and is classified as an arterial road and requires a 25 foot landscape buffer. The buffer must be landscaped in accord with the standards listed in UDC 11-3B-7C.  “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) A multi-use pathway is required along the south side of E. Amity Road in accord with the City’s Masters Pathway Plan..  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide multi-use pathway is required along the north boundary of this site within the landscape buffers along E. Amity Road per UDC 11-3H-4C.4. Mary McPherson Elementary School is a little over 1/3 of a mile to the east of the subject property. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 6  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant is requesting one full access driveway onto E. Amity Road. Staff is requiring a cross-access agreement with the property to the east in order to reduce access points onto E. Amity Road. The UDC (11-3A-3A) requires access to be taken from a local street when available; however, there is no local street access available for this parcel. The city did not require cross-access to the property to the west, but if the property ever develops with something other than a storage facility, staff wants to preserve the connectivity.  “Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) A 10-foot wide multi-use pathway is required to be provided along E. Amity Road per the City's Pathways Master Plan. This pathway will allow for alternative modes of transportation such as pedestrian and bicycle.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) Services are not scheduled to be at the proposed site until the water and sewer extension projects are completed, summer of 2016 and December of 2017 respectively.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) Water is not available to the site, and will not be until late summer of 2016.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services. “ (3.04.01H) Staff received comments from the above mentioned departments on this annexation. Public works indicated that the property was not scheduled to receive utilities until the water and sewer extension projects were completed. The water extension will be complete in the summer of 2016, and the Sewer extension will be complete December 2017.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit.” (3.01.01J) ACHD Staff recommends the applicant be required to dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. That means that the applicant will be required to widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. The submitted concept plan for the site does not take into account the additional ROW required by ACHD. The applicant shall take the additional ROW required by ACHD when they apply for the certificate of zoning compliance for the site. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the recommended provisions of the prosed development agreement in Exhibit B. 8. UNIFIED DEVELOPMENT CODE Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 7 A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed contractor’s yard is a principally permitted use in the I-L zoning district; compliance with the specific use standards listed in UDC 11-4-3-8 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2C-3 for the proposed I-L zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2C-3.. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2,000 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 5.864 acres of land with an I-L zoning district, consistent with the MU-NR land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Concept Plan: A concept plan was submitted, included in Exhibit A.2 that depicts the two (2) industrial buildings (one approximately 16,500 square feet and the other 15,000 square feet) and associated site/landscape improvements. The three (3) will remain and operate as a contractor’s yard. Cross access is required to the property to the east in accord with UDC 11-3A-3. Cross access is only required to the property to the west if that property develops with something other than a storage facility. ACHD Comments: 1. Staff recommends the applicant should be required to dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Amity Road is planned as a 5-lane arterial roadway in the Capital Improvement Plan (CIP) and is impact fee eligible. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 8 2. The applicant should be required to widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. 3. The applicant should be required to construct 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road abutting the site. If sidewalk is placed in an easement, the permanent right-of-way easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. The site plan submitted with the certificate of zoning compliance should take into account the above mentioned requirements of ACHD. The applicant is requesting to delay the connection to City utilities until such as utilities are available for connection. Based on discussions with the Public Works Department, the public utilities will be extending to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. Utility connections to the site are contingent on these extension plans. The DA will restrict the site from being developed until the services are available, unless the Council allows the applicant to move forward with a contractor’s yard prior to completion of the utility extension. Contractor’s Yard: The specific use standards for the contractor’s yard listed in UDC 11-4-3-8 apply to development of this site as follows: A. All structures or outdoor storage areas shall be located a minimum of one hundred feet (100') from any residential district. The site abuts a residential district on the south boundary. This site is owned by the City for purposes of developing a future water reservoir site; therefore this requirement is not applicable. B. Outdoor storage areas shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. The applicant shall comply with this requirement. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. The applicant shall comply with this requirement. Outdoor Storage as an Accessory Use: The applicant will need to comply with the standards for outdoor storage areas as set forth in UDC 11-3A-14 as stated above. The UDC requires that the construction yard be completely screened from using a solid fencing material. Staff recommends a minimum 20-foot wide driveway with a minimum 5-foot wide pathway/sidewalk is provided from the proposed site to the property to the east. This will enhance interconnectivity between the site and the future development of the adjacent property. Landscaping: A 25 foot landscape buffer is required along E. Amity Road. The landscape buffer is required to be landscaped in accordance with UDC 11-3B-7C. The unimproved right-of-way adjacent to Amity Road must be landscaped in accord with UDC 11-3B-7C.5. All parking lot landscaping must comply with UDC 11-3B-8C. The landscape plan submitted with the certificate of zoning compliance application must comply with these standards Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 9 Multi-use Pathway: The City's Pathways Master Plan indicates a multi-use pathway crossing the subject property within the pipeline easement. Because the easement bisecta at an angle and the applicant is prosing to operate a contractor’s yard from the site, both Planning and P arks staff believethe 10-foot multi-use pathway is better suited along south side of E. Amity Road, in lienu of a 5-foot wide deatched sidewalk. Therefore, staff recommends that the a10-foot multi-use pathway The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The pathway should be detached from the future curb and have landscaping between the curb and pathway. The applicant should also coordinate and receive approval from ACHD on the construction of the pathway adjacent to Amity Road. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 2,000 square feet of gross floor area. Based on the total square footage of structures on the site (31,500 s.f.), 16 parking stalls are required. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. Industrial Zoning: All buildings in the I-L zoning district are required to be set back 35 feet from the street per UDC 11-2C-3. Williams Pipeline: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwestern corner to the southeastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Elevations were not provided with the subject application. Any new buildings are subject to the City’s Architectural Standards Manual. The site is developed with three existing buildings and staff is requiring the existing buildings brought into compliance with our current design standards or removed from the property. Certificate of Zoning Compliance (CZC) and Design Review (DES): 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. 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 City of Meridian Architectural Standards Manual. Waterways: The Watkins Drain lies within the boundaries of the proposed annexation, and there is a 50 foot easement from center of the drain in both directions. The applicant is required to meet the requirements of the Boise Project Board of Control. The site plan sumitted with the CZC application must depict the location of the easement. 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. 10. EXHIBITS A. Drawings Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 10 1. Vicinity Map 2. Proposed Concept Plan (dated: 03/14/16) 3. Proposed Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District 8. Boise Project Board of Control C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 21 2. Proposed Concept Plan (dated: 03/14/16) Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 22 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. b. Development of this property shall substantially comply with the concept plan included in Exhibit A.2. c. When the adjacent properties are annexed and redeveloped with compatible uses, the developer shall record a cross-access agreement to both western and eastern property lines (Parcel #’s S1131223012 and S1131212400) in order to accommodate future interconnectivity between the subject property and the future uses. d. A minimum 25-foot landscape buffer shall be provided along E. Amity Road within six (6) months of connection to city utilities. The landscape buffer shall be landscaped in accord with the standards listed in UDC 11-3B-5 and 11-3B-7C. e. Within six (6) months of connection to city utilities, the applicant shall install Aall landscape and frontage improvement associated with the site including a 10-foot wide multi- use pathway along the north boundary of this site within the landscape buffer along E. Amity Road. f. Any development of land containing the 75-foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. h. Applicant shall be responsible for the physical connection to the sanitary sewer and water systems, and the payment of all associated expenses, including sanitary sewer and water assessment, and meter charges within 60-days of each individual utility being available per MCC 9-1-4 and MCC 9-4-8. i. The applicant shall comply with the standards set forth in UDC 11-3A-14 regarding outdoor storage as an accessory use. j. All easements must be shown on the site plan submitted with the Certificate of Zoning Compliance Application. k. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use, exterior modifications to the existing structures and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. Any structures proposed to remain on the site shall also be designed to comply with said standards Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 23 and shall be brought up to code to meet the requirements of the UDC and the Architectural Standards Manual within six (6) months of utilities being available to the parcel. The applicant shall remove the telecommunications tower upon annexation into the city. l. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for E. Amity Road per the Master Street Map in regard to sidewalk, street buffer and building locations as well as the Williams Pipeline easement and the Watkins Drain easement. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Sanitary sewer and water services are currently not available to the subject site. The Meridian Public Works Department will be extending sanitary sewer and water service to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. 2.1.2 Applicant shall be responsible for the physical connection to the sanitary sewer and water systems, and the payment of all associated expenses, including sanitary sewer and water assessment, and meter charges within 60-days of each individual utility being available per MCC 9-1-4 and MCC 9-4-8. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The City's Pathways Master Plan indicates a multi-use pathway crossing the subject property within the pipeline easement. The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. 6. REPUBLIC SERVICES 6.1 Republic Services did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Dedication is impact fee eligible. 7.1.2 Widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. 7.1.3 Construct 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road abutting the site. If sidewalk is placed in an easement, the permanent right-of-way easement shall Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 24 encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.4 Pave the existing driveway its entire width and at least 30-feet into the site beyond the edge of pavement of the roadway. If a gate is to be installed within the driveway, it should be located a minimum of 50-feet from the edge of the right-of-way. 7.1.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.6 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.7 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 25 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. BOISE PROJECT BOARD OF CONTROL 8.1 Project easements must be called out on any future preliminary and final plats 8.2 Fencing (as may be required) must be constructed just off the Project facility easement. 8.3 The Boise Project does not approve landscaping (other than grass) within its easements. 8.4 Parking lots, curbing, light poles, sign, etc. and the placing of asphalt and/or cement over Project facility easements must be approved by Boise Project Board of Control prior to construction. 8.5 The construction of any roadway crossings must be conducted only during the non-irrigation season when the lateral is dewatered. In any case no work shall take place within the easement before the proper crossing agreements have been secured through the Bureau of Reclamation and the Boise Project Board of Control. 8.6 Utilities planning to cross any project facility in order to service this development must do so in accordance with the master policies now held between the Bureau of Reclamation and most of the utilities. In any case no work shall take place within the easement before proper crossing agreements have been secured through both the Bureau of Reclamation and Boise Project Board of Control. 8.7 Storm drainage and/or Street Runoff must be retained on site. 8.8 Local irrigation/drainage ditches that cross this property, in order to serve neighboring properties, must remain unobstructed and protected by an appropriate easement. 8.9 Whereas this development is in its preliminary stages, Boise Project Board of Control reserves the right to review plans and require changes when our easements and/or facilities are affected by unknown factors. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 26 C. Legal Description and Exhibit Map Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 27 Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 28 D. Required Findings from Unified Development Code 1. Annexation & Zoning 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 and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation with the I-L zone is consistent with the proposed MU-NR future land use designation. 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 I-L zoning district is consistent with the purpose statement of the industrial districts and the proposed uses will provide a needed service to area residents. 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 if the applicant complies with conditions outlined in this report. The Council considered all oral and written testimony that was 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). Per the above findings, the Council feels the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. Meridian City Council Meeting DATE: Auaust 9, 2016 ITEM NUMBER: 4E PROJECT NUMBER: H-2016-0055 ITEM TITLE: Bancroft Square Findings of Fact, Conclusions of Law for Approval for Bancroft Square (H-2016-0055) by Schultz Development Located 2750 S. Eagle Road MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District; Preliminary Plat Consisting of Thirty-Three (33) Building Lots and Five (5) Common Lots on 5.41 Acres of Land; Modification to the Conditional Use Permit /Planned Development to Change the Approved Land Use from Office/Multi-family Residential to Single-family Residential; and Modification to the Development Agreement to Update the Development Plan for this Site, by Schultz Development. Case No(s). H-2016-0055 For the City Council Hearing Date of: July 26, 2016 (Findings on August 9, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 26, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for rezone, preliminary plat, conditional use permit/planned development modification and development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 26, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 3 - Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). 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 six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 26, 2016 By action of the City Council at its regular meeting held on the --C day of / 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED— COUNCIL OTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) i Mayor Ta Weerd Attest: City Clerk Cily or �w I=* SEAL Copy served upon Applicant, Community Attorney. Department, Public Works Department and City By: C � � o (z ��61 w Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 4 - EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 1 STAFF REPORT HEARING DATE: July 26, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bancroft Square – RZ, PP, MCU, MDA (H-2016-0055) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for a rezone (RZ) of 6.54 acres of land from the R-4 to the R-8 zoning district; a preliminary plat (PP) consisting of 33 building lots and 5 common area lots on 5.41 acres of land; and a modification to the conditional use permit/planned development (MCU) (CUP-02-005) to change the approved use from office/multi-family to single- family residential. See Section VIII, Analysis, for more information. An application for a modification to the Development Agreement (Instrument No. 102143307) for Sutherland Farm Subdivision was submitted to update the development plan for this site as recommended by Staff. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP and MCU applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on June 23, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ, PP and MCU requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz; Robert Nielson ii. In opposition: None iii. Commenting: Bonnie Broussard; Fred Kuperus; iv. Written testimony: Matt Schultz, Applicant’s Representative; Mike and Annette Wheeler, Arnie and Kay Veers, Bill and Sally Riggs, James and Marsha Harris, Joann St. Charles and Robert Nelson, Kent and Mary Ellen Wheeler, Robert and Laurel Nielson, Tom Reynolds, Ken Aileen Scalian (all in favor of the development provided that the minimum open space & site amenity requirements are provided with this development; or in the alternative, that the development is included in the HOA for either Sutherland Farms or Sutherland Downs in order to help bear the cost of maintenance of those private common areas and also be subject to certain architectural design guidelines as determined appropriate for this development). v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of proposed development. c. Key Issues of Discussion by Commission: i. In favor of proposed development. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 26, 2016. At the public hearing, the Council approved the subject RZ, PP, MCU and MDA request. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0055 as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0055, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0055 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 2750 S. Eagle Road at the southeast corner of S. Eagle Road and E. Easy Jet Drive, in the southwest ¼ of Section 21, Township 3 North, Range 1 East. B. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83680 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 3 C. Owner: Reginald Jones and Jack Stolfo P.O. Box 140077 Garden City, ID 83714 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat and conditional use permit modification which requires a public hearing before the Planning & Zoning Commission and City Council; and a development agreement modification which requires a public hearing before the City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6 and 20, 2016 (Commission); June 6 and 20, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: May 23, 2016 (Commission); May 26, 2016 (City Council) D. Applicant posted notice on site by: June 10, 2016 (Commission); July 8, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Offices, zoned L-O South: Rural residential home, zoned RUT in Ada County East: Single-family homes in Sutherland Farm Subdivision, zoned R-4 West: S. Eagle Road and single-family homes in Thousand Springs Subdivision, zoned R-4 C. History of Previous Actions: In 2002, the subject property received the following approvals as part of the larger Sutherland Farm development:  Annexation and zoning with an R-4 zoning district. A total of 127.74 acres of land was annexed with the R-4, L-O and C-G zoning districts with the requirement of a development agreement (DA), recorded as Instrument No. 102143307 (AZ-02-004, Ord. #02-982). [The DA was amended in 2004 to change the approved land use on 16.1 acres of land (preliminary platted as Lots 5, and 8-11, Block 1) from office/multi-family to single-family residential (Sutherland Farm Subdivision No. 4) and the property was rezoned from R-4 to R- 8 (RZ-04-006; Inst. #104112888). In 2014, the DA was amended again to remove the Citadel Storage property (preliminary platted as Lots 3 and 4, Block 1) from the agreement (RZ-14-004; Inst. #2014-092383)]; EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 4  Preliminary plat which encompassed the entire Sutherland Farm development and consisted of a total of 308 building lots and 30 other lots on 127.64 acres of land (PP-02- 004);  Conditional use permit for a planned development which consisted of a mix of residential, office and commercial uses [260 single-family residential detached lots, 32 single-family attached (townhome) lots, 11 office/multi-family residential lots, and 5 commercial lots] (CUP-02-005). The planned unit development conceptually approved offices and multi-family housing as a land use exception in the R-4 zoning district under Meridian City Code 12-6-3 in effect at that time; detailed approval of the planned development through a conditional use permit is required prior to construction of the office and multi-family structures. The office/multi-family uses were anticipated to develop in the final two phases of development. There are no restrictions on the number of units, square footage of structures, building height or number of stories that can be constructed. [The conditional use permit was modified in 2004 (CUP-04-009) which eliminated 5 of the office/multi-family lots (preliminary platted as Lots 5 and 8-11, Block 1) to the northeast and added 47 new single-family residential building lots in their place at a gross density of approximately 5 units/acre (Sutherland Farm Subdivision No. 4). In 2014, the conditional use permit was modified again (CUP-14-007) which eliminated 2 more of the office/multi-family lots to the north and allowed the development of a self-service storage facility (Citadel Storage) instead. Of the 11 office/multi-family lots that were originally approved for such uses, only the subject 4 lots (Lots 3 and 4, Block 5 and Lots 11 and 12, Block 6 as depicted on the preliminary plat) remain.] The Findings approved by City Council in 2002 state, “It is found that the office/multiple- family housing uses are strongly related to the primary use of the development (R-4). The office uses will provide services (medical, dental, optical, etc.) that will be complementary to the residents of the subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly. High-density housing will provide an immediate consumer base for the office development.” (See findings for more information.)  In 2015, a rezone (RZ-15-012), preliminary plat (PP-15-016) and conditional use permit (CUP-15-017) application was submitted for an office and multi-family development consisting of 2 commercial/office building lots; and 64 residential units on 3 building lots and 1 common lot in the R-15 zoning district on 5.41 acres of land on the subject property. This application was withdrawn by the applicant prior to Council making a decision on the application largely due to neighborhood opposition. D. Utilities: Location of sewer: A sanitary sewer main intended to serve the subject site exists directly to the north in E. Easy Jet Drive. Location of water: A water main intended to serve the subject site exists directly to the north in north in E. Easy Jet Drive and to the east in S. Nephrite Way. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are a couple of irrigation ditches that cross this site. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 5 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS This site is designated Mixed Use – Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-C designated areas is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre (d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential buildings. See Comprehensive Plan for more information (pages 27-28). The single-family portion of the site encompasses 5.41 acres of the 39+/- acres that make up the MU- C designated area which results in approximately 14% residential uses for the overall area so far; approximately 23 acres is yet to be redeveloped. As stated above, residential uses should comprise a minimum of 20% of the MU-C development area. The proposed development consists of approximately ¾ of that area which allows for additional residential uses to develop to the south. The applicant proposes to rezone the site from the R-4 to the R-8 zoning district and develop the site with 33 single-family detached residential units. The gross density for the development is 6.10 d.u./acre which is within the density desired in MU-C designated areas. Although single-family developments are not listed as a sample use within the mixed use designation, nor is R-8 zoning listed as an appropriate zoning district, the density falls within the density range desired in mixed use areas. The previous development application for this site was for a multi-family development with R-15 zoning which is compatible with the Comprehensive Plan for mixed use areas; however, the neighbors were adamantly opposed to that type of development and zoning. Therefore, staff is supportive of the proposed development and believes it’s in the best interest of the City and its residents provided that development complies with UDC standards. The following items are considered when reviewing development applications in Mixed Use areas: (Staff’s analysis in italics)  “Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed development is 6.10 dwelling units/acre.  “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to S. Eagle Road and employment uses to the north while providing a transition in density from the lower density residential uses to the east and future mixed use development area to the south.  “A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The larger Sutherland Farm planned development is comprised of single-family attached and detached residential homes, offices and a storage unit facility. The properties to the south of E. Victory Road are designated as mixed use, which when re-developed should contribute to the variety of uses in this area. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 6  “All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” (pg. 24) A centrally located stub street is proposed to the south for future interconnectivity and access as well as to the east to S. Nephrite Way, a local street that abuts this site and Sutherland Farm subdivision.  “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) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes and prices for housing in this area.  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56) The proposed single-family homes should contribute to the choice between ownership and rental dwelling units in this area of the City.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this site with development.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 25-foot wide landscaped street buffer is required along S. Eagle Road, a principal arterial street; and a 10-foot wide street buffer already exists along E. Easy Jet Drive, a local street, that should be maintained and protected during construction.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) The proposed single-family residential development should be compatible with existing single-family homes to the east and south.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) No access points are proposed via S. Eagle Road, an arterial street. One access point is proposed via E. Easy Jet Drive, a local street, which also stubs to the property to the south; and one access is proposed via S. Nephrite Way at the east boundary of the site.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) The proposed medium density development is located near major access thoroughfares [S. Eagle Road and Interstate 84] and near a segment of the City’s regional pathway system that runs along the Ridenbaugh Canal to the north.  “Street sections consistent with the Ada County Highway District Master Street Map are required within the UDC.” (pg. 24) The proposed streets are consistent with ACHD’s Master Street Map. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 7 A letter has been received from the Ada West School District commenting on this application. Based on U.S. census data, the District estimates that when complete, this development will add approximately 27 school aged children to the enrollment numbers of schools within the Ada West district. The District estimates that the revenue required for the purchase of future school sites is $830.00 per new home which will create the need for $27,390.00 in revenue to purchase the school sites this subdivision will require. In lieu of this revenue, the District will accept the donation of land appropriate for a school site (see letter to the City dated May 23, 2016 for more information). VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): The applicant proposes to rezone 6.54 acres of land from the R-4 to the R-8 zoning district for the development of 33 single-family residential homes with a density of 6.10 units per acre. A preliminary plat was submitted, included in Exhibit A.2, which depicts how the site is proposed to develop. As discussed above in Section VII, Staff is in favor of the zoning and density proposed for the development. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and in accord with UDC standards, staff recommends the existing DA is modified as a provision of the rezone and includes the in Exhibit B. CONDITIONAL USE PERMIT MODIFICATION (MCU): A modification to the previously approved conditional use permit/planned development (CUP/PD) is requested by the applicant. The previously approved CUP/PD (CUP-02-005) allowed for multi-family residential/office uses to develop on the subject property as a use exception in the R-4 zoning district. Because the adjacent neighbors were highly opposed to multi-family residential uses developing on the site (i.e. Easy Jet apartments), the applicant proposes to change the land use previously approved with the CUP/PD for this site to single-family residential at a density envisioned in the Comprehensive Plan for mixed use designated areas. For the reasons noted above in Section VII, staff is amenable to this change and feels it’s in the best interest of neighboring residents. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 33 residential building lots and 5 common lots on 5.41 acres of land in a proposed R-8 zoning district. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with these standards. Access/Stub Streets: One centrally located access is proposed at the north boundary of the site via E. Easy Jet Drive, which also stubs to the property to the south; and one access is proposed via S. Nephrite Way at the east boundary of the site in accord with the access standards listed in UDC 11-3A-3. Direct access via S. Eagle Road is not proposed and is prohibited. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 8 Landscaping: Landscaped street buffers are required to be provided with development as set forth in UDC Table 11-2A-6 in accord with the standards listed in UDC 11-3B-7C. A minimum 25-foot wide buffer is required along Eagle Road, an arterial street; and no buffer is required along local streets (i.e. Easy Jet, Nephrite, Girdner, or Titanium). A 15-foot wide buffer exists along Easy Jet and a 50-foot wide buffer/common area exists along Nephrite between Girdner and Easy Jet. The existing street buffers/common area should be protected during construction. Landscaped 8-foot wide parkways are proposed along internal streets (i.e. Girdner and Titanium) with detached 5-foot wide sidewalks. The proposed parkways comply with the standards listed in UDC 11-3A-17E. Landscaping is required along the pathway in Lot 3, Block 1 in accord with the standards listed in UDC 11-3B-12C as proposed. Common Open Space & Site Amenities: All new development is required to comply with the qualified open space and site amenity requirements listed in UDC 11-3G-3 which requires a minimum of 10% qualified open space and one site amenity for developments of this size. The qualified open space proposed with this development is 0.43 of an acre or 7.9%. Because this property was originally included in the preliminary plat and is still part of the planned development for Sutherland Farm, the applicant requests this property be allowed to develop as originally intended as the last phase of the Sutherland Farm development and that the qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 13.24 acres or 11.3% qualified open space has already been constructed within the Sutherland Farm development along with the following site amenities: a ¾ mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property into the Sutherland Farm Homeowner’s Association (HOA) with the HOA; however, an official agreement has not yet been reached. Because phased developments are typically reviewed for compliance with UDC standards for the overall area and this property was originally intended to develop in the final two phases, staff supports the applicant’s request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If not, Staff recommends the plat is revised to provide the full 10% qualified open space and one site amenity on this site. Fencing: A 6-foot tall vinyl fence is proposed along the back side of the street buffer along Eagle Road and there is an existing 6-foot tall vinyl fence along the back side of the common area adjacent to Nephrite Way. All fencing should comply with the standards listed in UDC 11-3A-17. Sidewalks/Pathways: Sidewalks are required to be constructed with development as set forth in UDC 11-3A-17. Detached sidewalks are required along all collector and arterial streets (i.e. Eagle Road) and attached sidewalks are required along local streets (i.e. Easy Jet, Nephrite, Girdner and Titanium). Attached sidewalks already exist along the frontage of this site on S. Eagle Road, E. Easy Jet Drive and S. Nephrite Way; because the sidewalk along Eagle is in good condition, staff is not recommending the sidewalk is reconstructed as a detached sidewalk. Detached sidewalks with parkways are proposed along internal streets within this development. A pathway is proposed through the common area on Lot 3, Block 1 for pedestrian access from the development to the sidewalk along Eagle Road. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 9 Waterways: There are a couple of irrigation ditches that cross this site; staff is unaware if they’ve been piped. If not, they are required to be piped with development of the site as set forth in UDC 11-3A-6. Building Elevations: Conceptual building elevations for homes within this development have been submitted as shown in Exhibit A.5. A variety of building materials are proposed as shown. The homes are proposed to be single and two-story and range from 1,200 s.f. to 2,200 s.f. similar to the elevations included in Exhibit A.5 and the sizes of homes in Sutherland Downs Subdivision to the north. Because homes on lots that back up to or face S. Eagle Road and E. Easy Jet Drive are going to be highly visible, staff recommends the rear and/or sides of homes on lots that face or back up to these roadways incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement for Sutherland Farm Subdivision, recorded as Instrument No. 102143307, is requested by the applicant to update the development plan for this site as recommended by staff. Staff recommends approval of the proposed RZ, PP, and CUP, and MDA with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 5/6/16) 3. Proposed Landscape Plan (dated: 5/5/16) 4. Open Space Exhibit 5. Proposed Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Rezone D. Required Findings from Unified Development Code EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 10 Exhibit A.1: Vicinity/Zoning Map 2020 4305 4355 35 0 2 4385 34 7 2 34 4 8 425535 4 1 4265 3303 3471 3367 3520 3321 34 2 6 3404 35 8 6 34 6 8 3552 35 1 5 34 7 4 3334 3533 3356 36 3 8 3526 34 8 5 3323 3345 3301 3357 34 6 1 3395 3559 35 8 5 3312 34 9 8 3378 2275 3398 2257 2998 2867 29 6 3 29 4 9 3175 3067 4025 3 0 4 5 3 0 2 3 3250 2289 2989 3437 3451 2543-2549 2283 3475 2320 23 4 2 4355 23 8 6 3432 23 6 5 23 8 7 3500 3300 3475 0 3232 28 8 8 3030 3415 2582 2570 33 0 4 28 8 2 32 9 3 3359 29 5 5 28 3 8 29 3 7 28 1 6 3337 2900 29 1 5 3476 28 3 9 28 4 0 3359 29 7 5 3025 29 0 4 3459 3352 29152895 28 8 3 3145 28 3 9 4300 3145 3020 2617 3035 2361 2431 3096 2440 2350 3650 3307 25 8 3 2578 2680 2242 3499 31 2 1 3330 3360 28 1 6 28 6 0 29 2 0 29 1 9 28 5 7 2471 2315 3454 2200 2725 29 4 8 29 2 6 3032 28 6 0 3477 3472 2964 34 5 3 28 9 7 28 7 7 33 4 0 3170 3014 2915 3037 35 4 6 2846 2867 28 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2827 35 8 6 36 3 0 37 2 0 36 3 8 37 6 8 36 5 6 2640 2712 35 1 5 268035 6 7 35 7 9 2602 34 2 2 3 4 0 4 2784 2523 27 4 6 2 4 9 1 2611 2643 2628 2557 3940 2660 4179 2641 2718 41 2 8 2653 4210 2680 4097 4162 2929 2652 2733 2608 2605 2732 2609 2515 2661 2961 3044 2484 3066 3 0 3 9 3 0 2 1 2 9 6 3 29 3 6 2709 28 9 6 28 7 2 28 3 4 29 1 8 2554 2767 28 3 9 2753 2729 2 5 2 0 25 0 0 28 5 6 28 3 3 27 9 8 2 5 5 5 28 7 0 26 5 8 26 8 5 27 6 0 26 5 9 2533 27 6 8 2601 2647 27 2 7 2 7 1 9 2 7 7 0 2699 2698 2706 2694 2743 2455 24 7 3 2400 2 5 4 5 2 5 2 5 2909 2801 23 4 6 2404 2800 2 4 6 8 2321 23 6 8 2 3 9 6 23 4 9 2 4 2 7 2 4 5 9 24 6 6 24 8 8 2514 29 4 0 2 4 7 0 2 4 0 3 30 0 5 29 1 9 28 9 5 3230 29 4 3 3330 3390 3025 2905 2829 2810 2730 30 1 1 2835 2 9 2 5 29132904 2967 2 9 3 2 307 0 310 7 2 9 1 6 2400 3063 2950 3076 2750 3 0 6 4 2820 3025 2990 3100 32 5 0 3250 3890 2987 3815 3085 L-O L-O R-15 RSW R-8 C-C RUT RUT RUT R1 R-8 R1 R-4 RUT RUT C-G C-C R-8 R-40 R-8 R-4 RUT RUT S E a g l e R d E Victory Rd E Copper Point Dr E FalconDr E Pine Bluff Dr E McPherson St S H o o d R a n c h P l S M i l a n A v e E Mackay Dr E Cullen St S B a y S t a r W a y E Falcon Dr S Z i m s A v e E Easy Jet Dr S ElRio Dr S H a l o P l E S haverCt S Gunnell Ave S N e p h r i t e W a y S S l a t e C r e e k W a y E ShergarCt S B r a n d y s J e w e l W a y E Mackay Dr E Raja Dr S L o f t u s W a y E Girdner Dr E Raja Dr E HorseCreek St E Pyrus Ct E Yesternight St S T a gis h W ay S S l a t e C r e e k A v e S C a l e b W a y EThreeBarsDr S B u r g d o r f W a y E Copper Point Dr E Moon Dipper St S B a l t h a s a r W a y S P i n e F l a t s A v e E SheepCreek St S K n a p p A v e E D w o r s h ak Dr S M i l a n P l S C a p u l e t W a y E Shaver Ct S K n a p p A v e E Green Canyon Dr S G r o o m W a y S T e d d y A v e S L y f o r d A v e E Copper Point St S A f l e e t A v e E Hero Dr E Los Altos Dr E Loon Creek St EIndianCreekDr E QuinDr EWeirCreekDr E Griffon St S S e l a t i r P l S T e r r i D r S S a n R a m o n D r S K n a p p P l S P r o u d W a y S A c c o l a d e Av e S C o b a l t P o i n t W a y S B r a n d y s J e w e l A v e S T r i s t r a m W a y E Indian Creek Dr S T a g i s h W a y S G i v e n s W a y S G i v e n s W a y S P i n e F l a t s W a y S H a l o L n S F l a m e A v e S Hudspeth Ave S T i t a n i u m Pl S J e b l a r Way S J e b l a r W a y S L e g a l A v e SHillis Pl S Z i m s P l STagish Pl EPistolCreekD r S T e d d y A v e EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 11 Exhibit A.2: Proposed Preliminary Plat (dated: 5/6/16) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 12 Exhibit A.3: Proposed Landscape Plan (dated: 5/5/16) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 13 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 14 Exhibit A.4: Qualified Open Space Exhibit EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 15 Exhibit A.5: Proposed Building Elevations & Floor Plans EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 16 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 17 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Within six (6) months of Council’s approval of the rezone findings and prior to submittal of a final plat application, the developer shall apply for a modification to the existing development agreement (Instrument No. 102143307) to update the development plan for this site and require the following: a. The rear and/or sides of homes on lots that face or back up to S. Eagle Road and E. Easy Jet Drive, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. b. If an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, the applicant shall revise the preliminary plat to include a minimum 10% qualified open space and one (1) site amenity in accord with the standards listed in UDC 11-3G-3. Note: A development agreement modification application was submitted after the Commission hearing and before the City Council hearing that contained the above provisions. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement (Instrument No. 102143307). 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B. 1.2.3 The preliminary plat included in Exhibit A.2 is approved as submitted unless an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA. In that case, the applicant shall revise the preliminary plat to include a minimum 10% qualified open space and one (1) site amenity in accord with the standards listed in UDC 11-3G-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 18 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 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 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.13 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 conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 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. 1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to terminate the proposed water main in E. Girden Court with a fire hydrant instead of a blow-off. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include a 35' Type 1 LED street light with a 12' arm along Eagle Road approximately 150' south of Easy Jet Way. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 19 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 be dedicated using the City of Meridian’s standard forms. Applicant shall 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. 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 9-1-28.c.1). The applicant shall 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 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. 2.2.6 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. 2.2.7 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. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and acceptable roadway access shall be in place, prior to applying for building permits. 2.2.9 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 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. 2.2.11 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. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.15 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. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 20 2.2.16 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. 2.2.17 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. 2.2.18 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. 2.2.19 100 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. 2.2.20 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. Site Specific Conditions of Approval 7.1.1 Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Eagle Road, Easy Jet, and Nephrite Way abutting the site. 7.1.2 Construct Titanium Avenue to intersect Easy Jet Drive, 520-feet east of Eagle Road, as proposed. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 21 7.1.3 Construct Titanium Avenue as a 33-foot street section with rolled curb, gutter, and a portion of 8- foot wide planter within 40-feet of right-of-way. Construct a 5-foot wide detached concrete sidewalk outside of the right-of-way in a permanent right-of-way easement Titanium Way. 7.1.4 Construct one stub street to the south, Titanium Way. Install a sign at the terminus of Titanium Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.5 Construct Girdner Drive to intersect Nephrite Way in alignment centerline to centerline with Girdner Drive on the east side of Nephrite Way across from the site. Construct Gird ner Drive/Court as a 33-foot street section with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 46-feet of right-of-way. 7.1.6 Construct one cul-de-sac turnaround with a minimum turning radius of 45-feet at the terminus of Girdner Court. 7.1.7 Direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is requ ired for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 22 Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 23 Exhibit C: Legal Description & Exhibit Map for Rezone EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 24 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 25 Exhibit D: Required Findings from Unified Development Code 1. REZONE: 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 and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed density and associated R-8 zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C future land use map designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Based on testimony provided at the public hearing, the City Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or welfare. 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 City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Because this application is for a rezone, this finding is not applicable. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to density, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 25 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 developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided by the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for this development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds this development will not be detrimental to the public health, safety or general welfare based on testimony provided at the public hearing. ACHD considers road safety issues in their analysis. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the preliminary plat and landscape plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-8 zoning district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed single-family residential use in the R-8 district meets the objectives of the Comprehensive Plan and is consistent with UDC standards. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Based on testimony provided at the public hearing, the City Council finds that the general design, construction, operation and maintenance of the single-family residential development will be compatible with existing residential and future mix of uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 26 Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Based on testimony provided at the public hearing, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4F PROJECT NUMBER: H-2016-0078 ITEM TITLE: Binary Subdivision Findings of Fact, Conclusions of Law for Approval for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0078 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat Consisting of Two (2) Commercial Building Lots on 0.689 Acres in the C-G Zoning District, for Binary Subdivision, Located at 1351 E. Fairview Avenue, by Tealey’s Land Surveying. Case No(s). H-2016-0078 For the City Council Hearing Date of: July 26, 2016 (Findings on August 9, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 26, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0078 - 2 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a Short Plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 26, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0078 - 3 - 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 July 26, 2016 By action of the City Council at its regular meeting held on the "I ' day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd Attest: a 010 or w E IDIAN Jaycee Wlman IDAHO City Clerk��, SEAL F Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: V �'1 y Dated:-/ /& City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0078 -4- Exhibit A Binary Subdivision – H-2016-0078 PAGE 1 STAFF REPORT HEARING DATE: July 26, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Binary Subdivision – H-2016-0078 I. APPLICATION SUMMARY The applicant, Tealey’s Land Surveying, has applied for short plat (SHP) approval of two (2) commercial lots on 0.689 acres of land in the C-G zoning district. II. STAFF RECOMMENDATION Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on July 26, 2016. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Pat Tealey ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: None vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval I move to approve File Number H-2016-0078 as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0078, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0078 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By Exhibit A Binary Subdivision – H-2016-0078 PAGE 2 reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 4, and 18, 2016 c. Radius notices mailed to properties within 300 feet on: June 30, 2016 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1351 E. Fairview Ave, in the NE ¼ of Section 7, Township 3N., Range 1E. B. Applicant/Agent(s): Tealey’s Land Surveying 12594 W. Explorer Drive Boise, ID 83713 C. Owner: Clear Lake Trout Co. Inc. 1301 Vista Ave. Boise, ID 83705 D. History: In 2007, the property received Preliminary/Final Plat approval (PFP-07-003) for the four (4) lot Intermountain Outdoor Subdivision. In 2011, portion of the property was developed with a Dutch Bros. Coffee Kiosk (CZC-11-002). VI. STAFF ANALYSIS The proposed short plat depicts two (2) commercial lots on 0.689 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 1 of Intermountain Outdoor Subdivision. The existing Dutch Bros. Coffee is located on Lot 2 , Block 1 of the Intermountain Outdoor Subdivision. The existing landscaping along the north (25 feet) and west (10 feet) boundaries of the site were installed with the construction of the Intermountain Outdoor Subdivision, and meet current landscape standards. These areas must remain protected during the construction on this site. Access to the site is provided to E. Fairview Avenue and N. Stonehenge Way through a reciprocal cross access agreement (Instrument #108086119). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat and final plat (PFP-07-003) for this subdivision. 2. Except for the access points approved by the Intermountain Outdoor Subdivision, direct access to E. Fairview Avenue is prohibited. 3. The final plat prepared by Tealey’s Land Surveying, stamped on June 20, 2016 by Patrick A. Tealey, shall be revised as follows: Exhibit A Binary Subdivision – H-2016-0078 PAGE 3 a. Note #5 references the R-8 zoning district. This shall be changed to reference the C-G zoning district. 4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 6. Prior to applying for a building permit for Lot 1, Block 1, the applicant shall obtain the Planning Division’s approval of a certificate of zoning compliance and design review application. Future development shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Architectural Standards. 7. Applicant shall be responsible for the extension of sanitary sewer and/or water services to Lot 1, Block 1. 8. Private sanitary sewer and water service lines to the existing Dutch Brothers Coffee store currently exist along the south boundary of the subdivision. Applicant shall add private sanitary sewer and water easements across Lot 1, Block 2, for the benefit of Lot 2, Block 1. VIII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. The existing landscape buffer along the north and west boundaries of the site that were installed with the construction of the Intermountain Outdoor Subdivision must remain protected during the construction on this site. 2. 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. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. 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. IX. GENERAL REQUIREMENTS 1. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 2. All development improvements, including but not limited to fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 3. 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. 4. 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. Exhibit A Binary Subdivision – H-2016-0078 PAGE 4 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. Developer shall coordinate mailbox locations with the Meridian Post Office. 7. All grading of the site shall be performed in conformance with MCC 11-12-3H. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 11. 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. 12. 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. X. EXHIBITS A. Vicinity Map B. Proposed Short Plat (dated: 06/20/2016) C. Required Findings from the Unified Development Code Exhibit A Binary Subdivision – H-2016-0078 PAGE 5 Exhibit A – Vicinity Map Exhibit A Binary Subdivision – H-2016-0078 PAGE 6 Exhibit B – Proposed Short Plat (dated: 06/20/2016) Exhibit A Binary Subdivision – H-2016-0078 PAGE 7 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and The Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, the Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. The Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4G PROJECT NUMBER: H-2016-0084 ITEM TITLE: Normandy Subdivision No. 2 Final Order for Normandy Subdivision No. 2 (H-2016-0084) by Schultz Development Located at 4145 S. Locust Grove Road MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO. 2 (H-2016-0084) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 26, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY-THREE (33) BUILDING LOTS AND FOUR (4) COMMON LOTS ON 6.77 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR NORMANDY SUBDIVISION NO. 2. BY: SCHULTZ DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0084 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 26, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING NORMANDY SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE NORTH 1/2 OF THE SOUTHEAST ¼ OF SECTION 30, TOWNSHIP 3N., RANGE 1E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: JUNE 20, 2016, by GREGORY G. CARTER, PLS, SHEET 1 OF 3,” is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO. 2 (H-2016-0084) Page 2 of 3 subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 26, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Matt Schultz, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 5 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the Attest: JayceeUloil City Clerk 2016. Oy -r /pAHp SEAL r W By: Tammy e eerd Mayo lty of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Ci [ `l CCN Dated: �( to llV ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO.2 (H-2016-0084) Page 3 of 3 EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 1 STAFF REPORT MEETING DATE: July 26, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Normandy Subdivision No. 2 – FP (H-2016-0084) I. APPLICATION SUMMARY The applicant, Schultz Development, has applied for final plat (FP) approval of 33 single-family residential building lots and 4 common lots on 6.77 acres of land in an R-8 zoning district for the second phase of Normandy Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Normandy Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0084as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0084, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0084to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4145 S. Locust Grove Road, in the southeast ¼ of Section 30, T. 3N., R. 1E. B. Applicant: Schultz Development P.O. Box 1115 Meridian, Idaho 83680 C. Owners: James D. Patterson 9362 W. Wichita Street Boise, Idaho 83709 EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 2 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, Idaho 83680 V. STAFF ANALYSIS The proposed final plat depicts 33 new building lots and 4 common area lots on 6.77 acres of land in the R-8 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11- 2A-6. There are no existing structures on this site. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-064) and preliminary plat (PP- 15-008). 2. The applicant shall obtain the City Engineer’s signature on the final plat by March 23, 2018; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group, P.C., dated June 20, 2016 by Gregory G. Carter is approved as submitted. 5. The landscape plan prepared by Breckon Land Design, stamp dated June 30, 2016, is approved as submitted. 6. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Development of homes within this subdivision shall be consistent with the building elevation design and materials approved with the preliminary plat. 9. The rear or sides of structures on lots that face S. Locu st Grove Road (Lots 5-8, Block 2) shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 10. The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer’s signature on any final plat. EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 3 VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 4 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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, EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 5 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 6/1/15) C. Proposed Final Plat (dated: 6/20/16) D. Proposed Landscape Plan (dated: 6/30/16) EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 6/1/15) EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 8 Exhibit C – Proposed Final Plat (dated: 6/20/16) EXHIBIT A Normandy Sub 2 – FP H-2016-0084.doc PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 6/30/16) EXHIBIT B Sonva Watters From: Matthew Schultz Sent: Wednesday, July 20, 2016 10:30 PM To: Sonya Watters; Barbara Shiffer; Charlene Way; Machelle Hill Subject: Re: Normandy Sub. 3 - FP H-2016-0085 Staff Report for July 26th Council Mtg Thank you Sonya. Please put both Normandy No. 2 and Normandy No. 3 on the consent agenda ... we agree with both staff reports. Matt Schultz, PE Schultz Development LLC (208) 880-1695 From: Sonya Watters <swatters(a)meridiancity.org> To: Barbara Shiffer <bshiffer(ameridiancitv.org>; Charlene Way <cwaV(a)meridiancitv.org>; Machelle Hill <mh ill(cDmeridiancity. org> Cc: Matthew Schultz<schultzdevelooment(a)vahoo.com> Sent: Wednesday, July 20, 2016 4:47 PM Subject: Normandy Sub. 3 - FP H-2016-0085 Staff Report for July 26th Council Mtg Attached is the staff report for the proposed final plat for Normandy Sub. 3. This item is scheduled to be on the Council agenda on July 26th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Matt - Please submit a written response to the staff report to the City Clerk's office (mhillgineridiancit�org, cway�a,meridiancity.org, bshiffer ,meridiancity.org and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, 'Y.4f . WM",_ •. • Associate Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4H PROJECT NUMBER: H-2016-0085 ITEM TITLE: Normandy Subdivision No. 3 Final Order for Normandy Subdivision No. 3 (H-2016-0085) by Schultz Development Located at 4145 S. Locust Grove Road MEETING NOTES c✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO. 3 (H-2016-0085) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 26, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY-THREE (33) BUILDING LOTS AND FIVE (5) COMMON LOTS ON 8.87 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR NORMANDY SUBDIVISION NO. 3. BY: SCHULTZ DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0085 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 26, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING NORMANDY SUBDIVISION NO. 3, LOCATED IN A PORTION OF THE NORTH 1/2 OF THE SOUTHEAST ¼ OF SECTION 30, TOWNSHIP 3N., RANGE 1E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: JUNE 21, 2016, by GREGORY G. CARTER, PLS, SHEET 1 OF 3,” is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO. 3 (H-2016-0085) Page 2 of 3 subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 26, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Matt Schultz, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2016. Attest: Tammy de e r d Mayor, QyAf Meridian or o E IDlq Jaycee Olman City Clerk ��� SEAL 4 r� �o�rhe TREAG��R�' . Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: - l r I G� /� Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NORMANDY SUBDIVISION NO. 3 (H-2016-0085) Page 3 of 3 a/ �6 EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 1 STAFF REPORT MEETING DATE: July 26, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Normandy Subdivision No. 3 – FP (H-2016-0085) I. APPLICATION SUMMARY The applicant, Schultz Development, has applied for final plat (FP) approval of 33 single-family residential building lots and 5 common lots on 8.87 acres of land in an R-8 zoning district for the third phase of Normandy Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Normandy Subdivision No. 3 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0085 as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0085, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0085to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4145 S. Locust Grove Road, in the southeast ¼ of Section 30, T. 3N., R. 1E. B. Applicant: Schultz Development P.O. Box 1115 Meridian, Idaho 83680 C. Owners: James D. Patterson 9362 W. Wichita Street Boise, Idaho 83709 EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 2 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, Idaho 83680 V. STAFF ANALYSIS The proposed final plat depicts 33 new building lots and 5 common area lots on 8.87 acres of land in the R-8 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11- 2A-6. There are no existing structures on this site. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-064) and preliminary plat (PP- 15-008). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the previous final plat; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group, P.C., dated June 21, 2016 by Gregory G. Carter shall be revised as follows: a) Note #10 shall include Lot 53, Block 2 as a common lot. 5. The landscape plan prepared by Breckon Land Design, dated June 30, 2016, is approved as submitted. 6. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Development of homes within this subdivision shall be consistent with the building elevation design and materials approved with the preliminary plat. 9. Construction of the common driveway on Lot 40, Block 2 shall comply with the standards listed in UDC 11-6C-3D. 10. A perpetual ingress-egress easement for the common driveway on Lot 40, Block 2 shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division prior to City Engineer signature on the final plat in which the common driveway is located. EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 3 11. Playground equipment shall be installed within Lot 12, Block 5 in accord with that shown in Exhibit D. 12. The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer’s signature on any final plat. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 4 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 5 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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 development plan approval. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 6/1/15) C. Proposed Final Plat (dated: 6/21/16) D. Proposed Landscape Plan (dated: 6/30/16) EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 6/1/15) EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 8 Exhibit C – Proposed Final Plat (dated: 6/21/16) EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 6/30/16) EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 10 EXHIBIT A Normandy Sub 3 – FP H-2016-0085.doc PAGE 11 EXHIBIT B Sonva Watters From: Matthew Schultz Sent: Wednesday, July 20, 2016 10:30 PM To: Sonya Watters; Barbara Shiffer; Charlene Way; Machelle Hill Subject: Re: Normandy Sub. 3 - FP H-2016-0085 Staff Report for July 26th Council Mtg Thank you Sonya. Please put both Normandy No. 2 and Normandy No. 3 on the consent agenda ... we agree with both staff reports. Matt Schultz, PE Schultz Development LLC (208) 880-1695 From: Sonya Watters <swatters(a)meridiancity.org> To: Barbara Shiffer <bshiffer(ameridiancitv.org>; Charlene Way <cwaV(a)meridiancitv.org>; Machelle Hill <mh ill(cDmeridiancity. org> Cc: Matthew Schultz<schultzdevelooment(a)vahoo.com> Sent: Wednesday, July 20, 2016 4:47 PM Subject: Normandy Sub. 3 - FP H-2016-0085 Staff Report for July 26th Council Mtg Attached is the staff report for the proposed final plat for Normandy Sub. 3. This item is scheduled to be on the Council agenda on July 26th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Matt - Please submit a written response to the staff report to the City Clerk's office (mhillgineridiancit�org, cway�a,meridiancity.org, bshiffer ,meridiancity.org and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, 'Y.4f . WM",_ •. • Associate Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 12, 2016 City Council / Joint MDC Meeting MEETING NOTES rte✓ APPRHOVEP 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 - MDC Board Joint Meeting July 12, 2016 A joint meeting of the Meridian City Council and the MDC Board was called to order at 5:33 p.m., Tuesday, July 12, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, 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 ______Jim Escobar – Chairman ______Keith Bird – Member ______Dan Basalone – Vice-Chairman ______Nathan Mueller – Member ______Dave Winder– Secretary/Treasurer ______Callie Zamzow – Member ______Tammy de Weerd – Member ______Eric Jensen – Member ______Calvin Barrett – Member ______Todd Lakey – Counsel ______Ashley Squyres – Administrator De Weerd: Okay. I am going to go ahead -- hello. I am going to go ahead and start tonight's meeting. Thank you for -- for all being here. This is a special joint meeting for City Council and the Meridian Development Corporation. For the record it is Tuesday, July 12th. It's 5:33. I will start with roll call attendance, Madam Clerk. Item 2: Adoption of the Agenda De Weerd: Thank you so much. Item No. 2 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the agenda as published. Borton: Second. Meridian City Council - MDC Board Joint July 12, 2016 Page 2 of 29 De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Discussion of the Ten Mile Urban Renewal District De Weerd: Item three is discussion of the Ten Mile Urban Renewal District. This was an item requested during our City Council meeting to meet jointly with the MDC Board to have a discussion about the ideas from MDC in moving forward and as Mr. Kushlan -- I couldn't remember it that night and this night as well. Mr. Kushlan had put out for discussion five different areas of how you could address this new district and the -- the various demands that it would have that's unique to the Downtown Urban Renewal District. So, Council wanted to meet with the MDC Board and have a conversation. I know that Bruce is giving you a slide of what was pulled from Phil's information and -- I don't know, Bruce, if you wanted to say anything. Chatterton: Madam Mayor, Board Members, Council Member, I don't have a presentation. This is simply pulled from the report that was part of Phil Kushlan's scope of services under the work that he did to create the Urban Renewal District. I think as I mentioned to MDC board members a few weeks ago, the city didn't want us to seem like we were simply saying, hey, here is this new district, go administer it, we wanted to have an awareness of what the various options are under the statute for administering urban renewal districts. These five are a start. They -- you could probably mix and match them a little bit, but these are the five basic ways in which they can be administered and I believe each of these are in use somewhere in the state of Idaho currently for urban renewal districts. So, no presentation, just cuing up that information. De Weerd: Thank you, Bruce. I'm going to open it up for discussion from the Council. Was there any questions or dialogue that was desired with the MDC board? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I have had conversation with -- is that better? Sorry. Because we were using the number 50,000 and I was just curious -- maybe Bruce can answer that -- is there a formula or something that comes which arises to that number? Chatterton: Madam Mayor and Council Member Little Roberts, there is no magic behind that number. It's a starting assumption for the financials. As MDC gets into the actual administration they might find that it's a little more or a little less, so Phil really just used it as a place holder number. Based upon, really -- really, his sense of what it would take to administer that -- that district based upon other -- other places he is Meridian City Council - MDC Board Joint July 12, 2016 Page 3 of 29 working with that have similar size districts, which are for economic development purposes, as opposed to say like a downtown district. De Weerd: Okay. Thank you. A pregnant silence. Other discussion? I -- I know that it was slated for the MDC board to discuss, but we had trouble with a quorum and the quorum left during our -- our budget hearings, so the board hasn't had a chance to talk about this in full. I think the board -- the MDC board wanted to have this opportunity to interact with City Council to better understand what some of the Council's questions were before they had a more lengthy discussion and so that is the context. We haven't discussed it as a board. Mr. Cavener. Cavener: Madam Mayor? To your point, that's -- for me, what I'm hoping to gain is maybe some insight from the MDC. I mean I don't want to assume that you guys haven't talked about this in one facet or another over the past few weeks and months, but has there been some discussion about what the preference is of the MDC as far as the management of the new URD? Escobar: Madam Mayor? De Weerd: Mr. Escobar. Escobar: Councilman Cavener, we have discussed it as an executive board. We have not had a chance to discuss it with the entire board. We will be doing so -- I believe that's on our agenda tomorrow morning. We also know this is kind of a unique situation and that the city has engaged this report, has identified the district, and now it's going to be under our obligation to manage that district. So, I think part of my goal is to hear comments, questions, and thoughts that the City Council has, the Mayor has, so that we can address those in an open dialogue and come together with what a conclusion might be. In saying that I will state that the executive committee in our discussions believe that a good fit for a solution for this management, at least to start with would be to add these duties into the current administrator's roll we see this almost as an administrative oversight, at least in the near term, but, like I said, that -- that door is open. We want to hear what -- what the Council has to say about that, but we do think that Administrator Squyres has done a very good job managing a lot of projects over the past six years and we see this as maybe even an additional -- please help me with the terminology. I always forget this term. The agreement that we share in the property, what's the name of? Owner participation agreement. So, this is, obviously, more complicated than that, but in the -- in the short term this -- we don't see this as having a high demand of Administrator Squyres' time and we -- I guess we just -- we just want to talk about it. That's the goal. Let's talk about this in open dialogue. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council - MDC Board Joint July 12, 2016 Page 4 of 29 Palmer: Madam Mayor, I guess my question is why wait for tomorrow. I would love to hear the discussion, unless you -- you know, you need preparation for whatever you're going to talk about. Like Councilman Cavener said, I'm just very curious, you know, what all of your opinions are as to what -- how to move forward now and what -- what your plans are and how we can help. Winder: Madam Mayor? De Weerd: Yes, Mr. Winder. Winder: I'd like to just expand on what Jim talked about earlier. We have discussed it as an executive committee and I think as a committee we -- we all think that this is really just adding a few projects to the overall scope of what MDC does. It's not adding a whole new district like downtown. Downtown is a bunch of small projects, a lot of different property owners, you know, relatively similar size of areas, but just so many more property owners and so many more projects going on in downtown , but the lion's share of what MDC does will still be downtown and the Ten Mile District will be a few owner participation agreements that there will be work on the front end to get those put together, but once they are done there won't be the -- the day-to-day work that is done on the downtown district and so that's why I feel -- and I think the executive committee feels like that adding those responsibilities to our existing administrator , our existing legal counsel, our accounting firm and our auditing firm, it makes the most sense, because it's not adding a whole lot of expense. The actual amount of work that they will be doing is an incremental to -- it won't be the same as -- as what it's been for the downtown district and so it -- that's just the easiest, most cost-effective and efficient way and -- and, you know, we feel like it's been a good way of managing the downtown district to date and will be a good way to continue to manage the Ten Mile District . De Weerd: I guess it does come at a time when wrapping it into the administrative duties today makes sense with the -- the contract expiring at the end of September and -- and I guess MDC needs to establish that process of putting that out. I know we had a one year renewable, but I haven't heard that description from the executive council or the board, so I don't know what the discussion is on that. Again, since the board hasn't discussed it is -- is that wrapped up into that processes and is this an in lieu, temporary gap until that goes out? So, the discussion and -- I guess with the additional administrative duties, it's no surprise to anyone. I have suggested that -- and Councilman Bird is sitting at my left, he will jab me with his elbow, but I think it's a full- time employee position that -- you know, is it a contract? Is it an employee? Then there is an opportunity for that discussion as well and might as well have it with -- with -- to see if there is any feedback from Council on that one, too. Go ahead. Bird: I wasn't going to say anything until later -- and I'm wearing my MDC hat now. I don't see where -- I agree with the administration, keeping it now. I'm definitely not in favor of getting a full-time employee at this time. I think a subcontractor is much better. Having sat on this board since the day it was established, the first ten years we didn't do much but have studies. The last six years with the current administration we have Meridian City Council - MDC Board Joint July 12, 2016 Page 5 of 29 got now, we've got a lot accomplished. It brought a lot of people around that didn't think too highly of us downtown and stuff. We tried to throw money at stuff. It didn't work. So, I think until it proves different, there is -- and I think that our administrator and our legal firm can definitely tell us if they need help or want a change or anything, but I don't -- I don't see this as being that heavy, because as David said, we are just dealing with a couple of -- two or three landowners, where downtown you're dealing with hundreds of land owners and stuff, so I -- right now I think that we need to go along like we are. I'm sure we can -- we can handle it under the existing. I don't see it -- doing it any other way right now, because we don't really know what we are going to have and I have no idea what's going to be brought out there or what wants to be brought out there or -- you know. And I don't think anybody else does either. So, I think we need to stay with the status quo and -- and if we have to a year or so down the line, we can certainly do it at that time. De Weerd: Well, it seems unfair to ask the current contract holders to -- to do more at the same price. Bird: No. And I would agree -- I would agree with that, but I think our legal is paid on an hourly rate anyway. So, they would be doing that. Our administrator is on a contract and at that point, you know, we can certainly look at how many more hours would she be spending or they be spending, so -- no, I didn't -- I realize that. But I don't think 50,000 -- I don't think you're going to need that 50,000 dollars. Mueller: So, I'm the new guy, Madam Mayor, so I don't -- I get to say lots of foolish things, because it's my first meeting like this and everybody just has to give me a pass. But just for the record -- De Weerd: Only the first meeting. Mueller: Only the first meeting. Okay. You heard it. Just for the r ecord I think it's -- Ashley, your contract ends in January; is that correct? Squyers: Yes, Commissioner Mueller, it expires January 15th, 2017. Mueller: Well, I think that -- I know that that seems like a dumb thing to bring up just for the record, but I think it's an interesting point to your point is that September doesn't give us a lot of time to really fully understand the amount of work that's going to come out of Ten Mile. The fact that the contract is actually renewable in January I think is interesting, because it does give us a little bit more time to get our hands around it and understand what's going on and all we really have to figure out is are we in a situation where one plus one actually equals two or one plus one actually still equals one; right? And, then, just be fiscally responsible; right? So, if we have until January on the contract I just think it's worth mentioning that that's probably enough time for us to get a better understanding of the amount of additional work that will be generated is my thought. But I don't know what I'm talking about by the way. Meridian City Council - MDC Board Joint July 12, 2016 Page 6 of 29 Bird: You got a good head. Basalone: Madam Mayor? De Weerd: Mr. Basalone. Basalone: I think Commissioner Mueller is under-estimating his ability to analyze problems. He stated exactly what I would have stated, is that we have an existing contract with our current administrator. She is contracted with us to do whatever work is assigned to her by the Urban Renewal District under that contract. If in the future when that contract is up for renewal it would certainly be within her purview to request additional funds if she feels there is significant additional work that she has to do and as Commissioner Bird mentioned, the legal work that we have done for us is on a n hourly rate basis, so that should not be a problem . So, I am strongly in favor of maintaining our administration as it currently is, but I have concerns about -- shall I say two-headed monster where we have the Urban Renewal District downtown with one administrator, we have the Ten Mile District with another administrator, and we have one board overseeing this and I just -- my feeling -- I think that makes it too bureaucratic. I think we are lean and mean right now in terms of what we are able to do and I'm confident that the current Council and administrator can handle it as has been mentioned before. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And I don't know if anyone up here has an explanation and , Commissioner Mueller, I have said lots of dumb things and I'll probably say six or seven dumb things before this meeting is wrapped up, so you're in good company. What's -- what's the difference between a contractor versus -- versus an employee? And for me I'd like some clear definitions as to why some people feel one is more favorable and the other feels the other is more favorable and I don't know if -- if anyone here is -- De Weerd: I think I'm going to give that to Mr. Nary, because we certainly have had those conversations with our contractors and have even had IRS audit those very details on the difference between the two. Nary: Thank you, Madam Mayor, Members of the Council, and Members of the Board. Council Member Cavener, I think to answer your question there is a couple things that you have with a contract that can be problematic sometimes and that's always an issue of concern regarding employment and the IRS issue as Madam Mayor has mentioned is probably the most prevalent one. So, when you contract with -- with an entity you have to be clear that they have their own independent ability to perform . You aren't directing their work. You aren't directing how they perform their work. You've merely assigning work that has to get accomplished in the way the contractor choos es to do that and so in some context that level of accountability is sometimes a concern , Meridian City Council - MDC Board Joint July 12, 2016 Page 7 of 29 because the person chooses their own hours, their own methods, their own style, those kinds of things and as an employee, obviously, you have a lot more accountability, because now you can direct the specific work, how it's to be performed, where to perform it, how to do those types of things. That separation is critical, because the IRS will determine whether or not you have given that level of independence to the contract. If you haven't, then, they are an employee and that means payroll taxes, those types of things, have to get attached and making the attachment retroactively both to the employer as well as to the employee. So, that's that avoidance you have to deal -- or concern you have to deal with and avoid that pitfall between contracting versus employment. Now, you want to make sure -- and one of the things we have looked at as a city a number of times is in the contracted situation who else do they work for, because that's an issue that the IRS concerns themselves with. If they only work for you, then, that can be a concern from the IRS's standpoint, because they may perceive -- they may have an entity or an LLC or something like that, but they don't work for anybody else and so, then, it looks more like a contracted employee than an independent and so that's -- in a nutshell that's a major difference of an employment relationship for a contractor or an employment relationship as a full-time employee. Cavener: Okay. Nary: Does that help? Cavener: Uh-huh. Nary: Did that prompt any questions before I -- Cavener: It does prompt a follow-up question. My assumption is is that the MDC has always been administrated through a contract or not through an employee? Nary: Well, when Mr. Siddoway was doing that when he was a planner, that was in the infancy of MDC, he was a city employee at the time, but, then, once that switched to a contract subsequent to that -- that was back in 2003, Councilman Bird? Bird: I'm trying to think. He wasn't there -- he was not there very long and the only reason they started is we had to get it in -- Nary: Yeah. It was to get it -- I believe -- I believe it was to get, basically, this implemented and that's all it was. Bird: We had to get everything going and, then, immediately we hired a deal. Nary: Uh-huh. Bird: Having a little experience with subcontractors and IRS, Bill stated a hundred percent right, that if you're going to tell them when they have to be there and what they Meridian City Council - MDC Board Joint July 12, 2016 Page 8 of 29 have to do and when they have to do it, then, you better make them an employee, because you're going to be picking up all the back taxes and stuff. But I feel that with a -- with a subcontract we subcontract them to do a job for X amount of dollars and if it takes them ten hours to get it done, fine. If it takes them 50 hours to get it done, fine. You don't have to -- you don't pay their benefits. You don't have -- you don't have the problems of employees and if they want to pick up work outside of what they are doing for you, that's great, as long as they take care of your -- what you have got them contracted for. I -- I just have a real hard time of even thinking about getting an employee. It always seems like if you start one employee, the next year you will have two employees, the next year you will have five employees. So, I like the subcontract deal, because you know what it costs you, and -- and as long as you do it the right way and let them do their job as they want to do their job, but make sure it's done to your specifications. De Weerd: Any other questions? Cavener: Madam Mayor, I will keep going. De Weerd: Mr. Cavener. I'm sorry. Cavener: Councilman Bird I think did a fairly good job of kind of describ ing the perceived benefits of a contractor. I'm curious. What are the advantages of bringing on an employee and why -- I mean this is one of the five recommendations from the subject matter expert. I'm curious as to what -- how the MDC could benefit by having an employee versus a contractor. Bird: Are you asking me? Cavener: I was asking the Mayor. Bird: Oh. Mayor. Okay. Ask the wrong guy. De Weerd: Yeah. I think I just -- it was just in response to a lot of the feedback we get from the businesses and residents as well in the urban renewal district as a whole and their desire to have greater access to the administrator to have office hours and I think that Ashley has tried to address the office hours to the degree a contractor can and so it's been more in listening to our downtown community to have greater access. As you expand, now having two urban renewal districts -- and, yeah, I would agree with what the executive committee said. Administratively it may not seem that much more. It i s a different skill set -- boy, it's been a long time since we have done an owner participation agreement, but that would seem to be more along the legal lines in developing those and once you get a strong template there may not be that much more to it. It's what the board would want to do and what would happen naturally. Do you see in the URD a partnership with the -- the property owners in finding the right employment, you know, and job creation. That's what that URD was for. It's for job creation. And that would be developed as Board Member Mueller said -- I didn't know Meridian City Council - MDC Board Joint July 12, 2016 Page 9 of 29 the contract went on a calendar year, rather than a budget year. So, at that point you can look at what -- what you would want to wrap into a new RFQ or RFP and if that was important to wrap that in. But an employer you have a little bit more flexibility to look at different responsibilities that respond to the -- the ebbs and flows of both downtown and this new URD that we don't know what it is quite yet, other than we have very few property owners and the legal agreements can be taken care of by our attorney, but what is that job creation piece to. Cavener: Great. De Weerd: Those are my thoughts anyway. And, again, it's my -- my push or my reasoning for a full-time employee is downtowns need a lot of attention and -- and the owners within -- the property owners within that district want a -- want a face and we have a face to it through the various tasks that the contract requires , but I don't think you can spend enough time on relationships and communication and transparency and those are things that are more the -- the grey area of contracts that is hard to detail out specific expectations. But I do respect that on the contract piece having a volunteer board overseeing an employee is difficult. But a volunteer board overseeing a contractor is equally so. So, you have pros and cons on both of them. Winder: Madam Mayor? De Weerd: Mr. Winder. Winder: I would just like to add for the Council Members that we have negotiated owner participation agreements. For the downtown district we have a template that we have used that our legal counsel has done. You know, every one is negotiable, so we will have to spend some time dealing with them, but I think we have the expertise both with legal counsel and with board members in understanding and dealing with those and your concern about the -- the quality of employment or, you know, the -- that that's the -- the major reason for the Ten Mile District, I think that's in our pla n -- or in the plan for the district and I think the board all has a good understanding that that's the intent of it and, you know, when it comes down to voting for or not for owner participation agreements, I think we all have that in mind that that's -- that's what we are asked to do is to try and accomplish the goals in the plan and so we will be the ones overseeing that. It won't necessarily -- or be ultimately responsible for that, it won't necessarily be the administrator, the legal counsel, or anyone else, it will be us as board members that will have the responsibility to make sure that that gets done. Basalone: Madam Mayor? De Weerd: Mr. Basalone. Basalone: Thank you. Yeah. I think that, you know, your concern about accessibility of the administrator to property owners and business owners is a very legitimate concern, but I personally think it's being handled well. With the establishment of the Meridian City Council - MDC Board Joint July 12, 2016 Page 10 of 29 new Meridian Downtown Business Association, which our administrator attends on a monthly basis, any business property owner who has a concern who comes to that meeting and expresses their concern has accessibility to not only our administrator, but usually two Commissioner Zamzow and myself who are there on a regular basis and other members of our board. So, I think they do have accessibility. As far as e-mail communication, I think that the responses that I have seen from the administrator have been as prompt as possible , many to her detriment, because she does them at 11:00 o'clock at night, which I think she should be resting, but that's my personal fatherly advice. I am not concerned about that in the least. Our meetings are two meetings a month. One at 7:30 and one at 4:00 in the afternoon, are open to the public where we -- we relish public comment. We don't always get public comment, because there is no public there to make comment, but we certainly encourage it and want it and I hope that Frank and his piece that he writes will say please come if you have a concern and express it to the full board, because I would rather have concerns expressed to us, those of us who are tasked with making decisions, than going through Ashley and complaining to her. Complain to us directly if you don't like something we have done or come and praise us if you like what we have done or give suggestions. But I think those public meetings are really the way to get that input and I have not known of one case where Ashley has not responded promptly to any business owner in the downtown area who has asked fo r any kind of assistance. To my point, we have two facade improvement plans that are currently coming before the board. Both of those applicants were able to sit down with Ashley and go through that application process step by step and former facade applicants will express that same -- same of gratification for what she's done. So, while I understand it -- and I understand where Mr. Kushlan is coming from with this, he's probably worked with a lot of very large urban renewal agencies. Our budget of 790,000 a year for the last couple of years does not allow us to go out and hire people at 80 , 90, a hundred thousand dollars a year with salary and benefits and have a human resource component and all the things that go into monitoring an employee's work progress. You know, if he's with Boise, for instance, and they have a three, four, five million dollar budget, I can see where they need it. At this point in time economically and also just from the standpoint of person - to-person responses I don't see any need for having an employee at this time. Mueller: I have a question to anybody. One question I have is the actual role that an administrator is supposed to play -- because one thing I'm unclear on is -- so, I just started here and one of the first things I did to start is -- I have met with I think at least ten business owners in the last two weeks, I've met with a couple council members, I have met with about as many people as I possibly could to try to get an overall impression of the public's impression of MDC, the Council's impression of MDC, what do they think our job is, what do we know our job is, because that doesn't always align. You know, there is no such thing as perfect communication out there. But one thing I think that's interesting is, yes, to your point the public's invited to MDC meetings and we hope that they come. We -- I think it's a safe bet to know that we are not going to have MDC meetings to full auditoriums, but -- you know what I mean? So, there is a certain amount of being on the MDC -- and I see this, I see -- Escobar, I see you out there all the time. Ashley, I see you out there all the time. I think I have seen you Meridian City Council - MDC Board Joint July 12, 2016 Page 11 of 29 every day this week, actually. But the thing is the duty of the MDC communicating directly with the public seems to be a duty that rests on all of us, not only on the administrator, and there is a meat and potatoes piece to an administrator's job that's actually doing administration that's not -- it's separate from talking to the public, because I know just from my experience in the last two weeks I could spend every minute of every day meeting with the public. I have got proposals for our next meeting -- tomorrow for a meeting with some people that actually had good ideas that don't cost a lot of money or some of them not at all. It's a full -- that's a full-time job in and of itself. So, that's -- that's -- MDC has to figure out how to continually -- we have to continually figure out how to reinvent our communication to the public to engage them, because the public is going to come to a couple meetings and, then, they are going to go, because here's the truth, we all know this, our meetings aren't always the most interesting things. We may be talking about important stuff, but it's not the most interesting meeting to sit through. We could ask the public that's here right now, you know what you mean? So, we have to figure out how -- De Weerd: It's interesting, isn't it? Mueller: Yeah. You're all thrilled right now. I know. At the edge of your seat. So, what my point is is we have to I think be careful to define the actual role of the administrator. They do need to be a voice to the public, but, actually, an administer is the one, in my opinion, is more to coordinate the communication of the board to the public. They may not -- in fact, I see -- supposed to be the ambassador out there day in and day out, you know what I mean? And the reason I'm bringing that up is at the end of the day we are going to add some hours with Ten Mile. We don't know how many hours that is right now and until we know that it will be really hard for us to actually make a decision on this; right? So, I have a little bit of time to figure that out. But until we know that amount of hours, plus the amount of hours to actually do the core administered tasks, which is stuff that none of us on the MDC I would say want to do, because the packet that I get that gets prepared for every meeting, I look at it and I go, man, that -- that's probably pretty annoying to pull together. But that's -- you know, there is some core tasks the administrator does. So, my point is we got to add up the hours for the core tasks an administrator does. What is the core task an administrator does for Ten Mile at? Is that something that somebody ca n do within reason in a 40 hour work week? And, then, some of this stuff around public outreach and stuff, we know that that's part of her core job. We also know that that's a bigger part of our core job and leveraging her as the communication to the pub lic. Does that make sense? Bird: Very much so. De Weerd: That means, board, get ready to go to work. Mueller: Sorry. Bird: Madam Mayor? Meridian City Council - MDC Board Joint July 12, 2016 Page 12 of 29 De Weerd: Mr. Bird. Bird: To that point, Nathan, I -- that's why I like subcontractors, because if she gets to a point in the job that she don't feel one person -- she can hire somebody within her deal and we don't have to have another employee. And she might only need somebody for five hours a week. Mueller: Then it's something to just -- Bird: And just something to -- and that's why I -- I like the subcontractor deal, so -- and, you're right, until we -- until we get this going we really don't know -- we don't know what we are going to do, you know. There might -- Ashley might be working 120 hours a week or she might be working two hours a week on this. I don't know. De Weerd: Well, if you did more work she wouldn't have to do that much. Bird: That's what I -- my get up and go got up and went. Jensen: Madam Mayor? De Weerd: Mr. Jensen. Jensen: I think it's relevant to just point out that I have been on MDC for the last couple of rounds of RFPs for administrator services and every time we have had this -- this discussion. So, it's not a new thing for us to discuss whether it's going to be an employee or whether we are going to just do an administrator. So, just so that everybody knows that we are talking about this and we have talked about it in the past and we will talk about it when the next one comes up and we will discuss whether it makes sense at that time to do it or -- or not. But I just thought it was important that everybody knew that it has been on our radar over the past months, not something completely new. De Weerd: Anything further on this or have we kicked this dead horse? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I wanted to weigh in to that specific topic, but, then, add any other questions or anything. Just because my only line of question on it was, you know, what's the next step? You know, have the property owners met with the board or how -- what happens? Do you guys prepare the contract? Do they prepare the contract? Do you guys each do it and, then, get together and hash it out? How does that work? What -- how long, you know, do we anticipate between now and when there is a contract in place -- do that as far as he possibly can or maybe he's doing that anyway? I just wondered where do we go from here? Or where you go from here? Meridian City Council - MDC Board Joint July 12, 2016 Page 13 of 29 Winder: Madam Mayor? De Weerd: Mr. Winder. Winder: From MDC's standpoint -- and any other members speak up if they feel it's appropriate -- but our understanding is that we don't do anything until we are approached by the landowner to do something. They have to ask us to act first before we can do anything. And to this point we haven't been approached by anyone to do anything. So, we are -- we have just kind of been waiting and holding. We have been told there is something coming soon, but we don't know what that is. So, we really can't answer that. I guess that would have to be up to someone else to answer that. Palmer: Madam Mayor, follow up? De Weerd: Uh-huh. Palmer: And the property owners are aware of that; right? Because my discussions with him -- well, with Turnbull, for example, you know, he pointed out -- he's like -- he said the words, you know, I'm not an expert in URDs. The city has approached me and we -- we work together and put together a much more exciting -- now I'm paraphrasing -- project and so I just -- if you know he's already preparing something to bring to you or if we need to give him a heads up. De Weerd: I think he has a representative in this room that will make sure if he hasn't approached the MDC board -- and I think probably a process needs to be outlined and this board needs to have that discussion on maybe reaching out to the property owners and -- and detailing a process that would help anyone in developing a proposal to come to the MDC board and the steps it needs to go through to consider it. So, that's -- that's a good point and -- and something -- this is brand new. This new one is brand new and we do need processes to put together and certainly have to have a board discussion about it. And that was with my MDC hat. Basalone: Madam Mayor? De Weerd: Mr. Basalone. Basalone: You know, just to expand a little bit on what Commissioner Winder was just talking about, I think it is critically important that the property owners approach us , not us approach them. It's their property. It's what they want to do with it. I think that we are in somewhat new ground in terms of economic development and I would hope that in that discussion with economic development personnel that the property owners are aware that they can utilize the URD as a part of their -- of their development process. But for us to go out and solicit them in any way I think would be wrong. It would be a wrong approach and I think it wouldn't be consistent with what the legislature is asking us to do in terms of urban renewal districts as well. Meridian City Council - MDC Board Joint July 12, 2016 Page 14 of 29 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And on that point we solicited him to create the thing in the beginning and so that's why I was hoping now that it exists and the clock -- the 20 year clock is running, that we make sure that he's aware of whatever he needs to -- because I mean he didn't even know this meeting was taking place and that we are going to be discussing his property until about six or seven hours ago I text him, hey, are you going to be here, he's like, no, should I have somebody there? I hope so. So, I -- I think if we need to approach him -- if somebody needs to send him word or -- just to make sure that we are moving on it, so that we don't get 20 years and go, well, we got a little late start, because we didn't realize who needed to talk to who and decide to create it again for another 20 years. De Weerd: I do think it would be appropriate to -- to put a process in place and -- and the board can certainly have that discussion. But, fortunately, the property owners in that area are seasoned and I think they will figure it out. But I do think it's a good suggestion to put a process in place and let people know that that process is in place , so they know where to go to find it, so -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think we have got a process in place that we used -- we might have to refine on it a little bit, but I'm sure it can be done and this -- and the way this was developed probably wasn't done right, Ty, with the developers. It was the city that approached him and did all that. MDC has never met with him to my knowledge. Nobody from MDC has ever met with him -- or met with them. So, it's a process that -- that's doable and I assure you that gentleman and his chief administrator that's sitting out there know very well how to do it. De Weerd: And I might also note it's two weeks old. So, grass is not growing under anyone's feet here. Palmer: Nineteen years, two weeks to go. Item 4: Idaho Avenue Rightsizing Project Update and Next Steps (Caleb Hood and Marty Schindler) De Weerd: Point taken. Any further discussion? Okay. I'm going to go ahead and move to Item No. 4, which is the Idaho Avenue right-sizing project update and what the next steps are and I see Caleb there in the corner. Meridian City Council - MDC Board Joint July 12, 2016 Page 15 of 29 Hood: Thank you, Madam Mayor, Members of the Council, Members of the MDC Board. I just wanted to take this opportunity while you're all together to provide you an update on this project, since it's a joint venture project and it was about a year ago that you were all in this very room, although in a little bit different configuration, where you said let's do that project after hearing the report out from Idaho Smart Growth and their associates, after doing the walkabout and talking with some members of the community about what projects would breathe some life into downtown. So, hopefully, you all have had a chance to swing out there, but there is an installation that has gone on a little past four or five weeks or so and it is complete and the invoices are rolling in, so I thought, again, the timing was right to provide you all an update on how that money that you budgeted has been spent. So, just a little bit of a refresher. The city did go out for RFP and bids on this project and we got one responsive bidder, but it was about 9,000 dollars over the 24,000 dollars that you guys had originally said to do this project with and so we worked with some individual contractors to make this happen and -- and some private parties as well. So, I would just like to just quickly -- and I know probably there is only a few people in the audience probably no one's going to read the minutes, but I do just want to go on record in recognizing businesses and the folks that have spent time making this thing happen, because there is quite a few. Meridian Cycle stepped up and although it's not out there yet, they are going to donate a bike rack -- the bike rack that was planned for this project. Rule Steel did all of the planters that are out there, the ADA ramp, and the subdecking materials that you can actually see in the top left picture. So, they manufactured all of that. Back to Black did all the striping, painting, and the candles that are on the corner -- in the top right corner there. So, it's Back to Black. The city's Parks Department worked with Cloverdale Nursery and Edward's Greenhouse to get all the plant material , the lava rock, really appreciate Parks placing these planters. They are very, very heavy. They were out there, several of their staff moving and put them into place. So, they were a great help. Integrity did the installation of the decking materials on top of the platform , so the -- the Fiberon decking, they put that all into place, cut it to size, screwed it all down and whatnot. ProBuild received that decking material from Fiberon and Fiberon cut us a really good deal on that -- on that material. Marty Schindler, who is here and I'm going to turn the mike over to him here in a minute just as part of the next steps part of this, he has some things that he wants to talk to you about. But Marty has dedicated hours and hours of time and effort and -- and not just with me, I mean he was out there in the field doing stuff, too. So, I just really appreciate Marty making this happen and, then, of course, you all for the financial resources and the feedback and the support to make this project happen and, then, last, but not least, A-Core did some of the asphalt grinding to kind of get this thing to grade . So, those are the community partners to this point I think we will have others that will step forward, but -- but it really has been pretty successful, at least from my standpoint, in that I will just share with you a little bit, because people ask me, you know, what kind of feedback have you gotten. Well, quite honestly, not a lot. I was expecting to hear more people complain, I was expecting to hear some praise, but, really, not a lot. I have heard a little bit of negative feedback. In fact, Ashley and I met with Idaho Independent Bank, Cassie -- I can't remember her last now -- yesterday on leaving their drive-thru and that first parking stall and not being able to see around and -- and there is a little bit of a learning curve for people to Meridian City Council - MDC Board Joint July 12, 2016 Page 16 of 29 retrain themselves. The roadway isn't as wide now. It's the same turning movement, you just have to kind of creep out a little bit further to see if there is oncoming -- oncoming traffic. So, worked with her. We are going to move that -- take Mark back a little bit in, so it provides a little bit more visibility. There is some folks that don't really -- aren't -- don't love the blue color of the area that's along the decking, but for the most part, again, most of the comments I have heard have been neutral, if not positive. I haven't heard a bunch of people say, yeah, this is the greatest thing since sliced bread, again, the complaints aren't there either. So, I think people are still getting used to it a little bit. I do see people parked over, you know, over the white line a little bit and things like that, but I think we will probably hear some more feedback in the coming months, but I haven't heard a lot of things to date. So, again, just kind of a final accounting, if you will. The invoices are rolling in and this -- the first bullet there. And just to refresh you all, budget at the beginning of the year you both set aside 15,000 dollars, to total 30, for the right sizing project and, then, earlier this year you appropriated the 24,000 to do this phase one, but we just saw pictures of them, what's out there in the street now. So, went right up almost to budget, $23,281.83 for phase one. So, there is a balance of 6,500 dollars or so still left out of that -- that 30,000 dollars that was budgeted. So, some of the next steps -- I do want to share with you some of the -- the wheels are turning. There is -- there is dialogue going on among some of the business owners, property owners, about what some of the next steps could be to -- now that we have got this area how do we use it. One of the thoughts that Hillary Bodnar at city has talked about is on Friday, September 9th, there is an art walk and so really highlighting and using Idaho Avenue as part of that. The art walk would be in the evening from 5:30 to 8:30. I'm just going to read a couple of her bullet points that she gave me, talking points. The suggested art walk route will be along Main Street. Will include public art unveiling, an art show and reception at Initial Point Gallery and a chalk art competition on Idaho Avenue. We will also be hosting a campaign called Meridian Art Drop Week, which will conclude on the day of the art walk, so a little bit on that chalk art competition, then, that was mentioned there. MAC is partnering up with -- I'm going to butcher her name -- Lois Chattin, an art teacher at Renaissance High School, to bring a youth art competition to Meridian. The chalk art competition has a theme of Meridian Historic Downtown to complement the local effort to preserve and highlight Meridian's heritage. So, again, that's what's kind of envisioned on Idaho in this reclaimed area to do some chalk art work. Some of the details haven't been worked out. MAC is going to actually talk about this at their next meeting, which I think is next Tuesday or Wednesday when they meet . So, some of those details still need to be ironed out. But that's exciting that they are looking at this opportunity now to use Idaho for these types of activities going forward . So, we have created a space where the things like that can occur, so -- De Weerd: And they are looking for business sponsors for prizes, so -- Hood: And judges as well, but I cut that out of some of the notes that -- that was given, but -- Meridian City Council - MDC Board Joint July 12, 2016 Page 17 of 29 De Weerd: Well, I never fail to use an opportunity to talk about -- this is your opportunity. Hood: So, with that I think I'm going to turn the remaining couple of minutes over to Marty and talk about maybe some of the other activities regarding activation and maybe some other things. De Weerd: Before you do that -- Hood: Yeah. De Weerd: -- any questions that you -- you never pause or take a breath, so -- Hood: On purpose. De Weerd: -- I will take this as an opportunity to -- to breathe and ask Council if there is any questions at this point. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Caleb, a comment first and, then, a question. I really like it. So, if you haven't received any positive feedback, my apologies. I'm excited to be the first. I have been trying to work in downtown Meridian at least once a week and I have really enjoyed it. I have noticed, though, that some of that blue either looks chipped or faded. Is there an issue with the paint? Are we able to get that resolved with -- what's the status with that piece? Hood: Yeah. So, Madam Mayor, Councilman Cavener, that's one of the things, actually, after we left that meeting with the bank yesterday and I talked with Marty, we actually have some extra paint that was left with us from Back to Black after they painted that. Some of the scarring you see there is from them trying to get the decking level. So, I'm going to go back out and get a roller and I will paint some of that. De Weerd: Oh, no. Hood: And, then, do that stripe, too, as well. So, we will clean that up a little bit, but that's what it is is -- the scarring you see is from them trying to get that decking level -- level and some of the -- De Weerd: Well, tell me when you do that, because I will help. Cavener: I will come help, too. De Weerd: I'm really good at -- Meridian City Council - MDC Board Joint July 12, 2016 Page 18 of 29 Hood: But thank you. I appreciate it. Bird: I'm a good supervisor. De Weerd: And my only question is -- and maybe Marty will answer this -- is -- and Councilman Bird kind of said something similar to -- my thought is when are we going to get some furniture out on those decks? I mean you drive by there and you were hoping to see some kind of outdoor dining presence or people sitting or standing on them or something, but they are just kind of -- Hood: As Marty walks forward, he's going to do a better job, because some of that decking is in front of property that he owns, but I will let you know, too -- and he can reiterate this -- but Lisa with Frankie's Java -- kind of came into this middle to late of this and she's like what's going on, there is a decking going on in front of my business, but she's aware of that I think there is some plans that are in the works for her to put some -- some furniture out there. Same thing with the -- I can't think of the technology company that's on the end. Tribute. Thank you. And they have -- by the way, they had on the first day of Dairy Days they had a barbecue out there and were using that space for a barbecue and talked with them and I think at least initial conversations with them they plan on having some street furniture out there as well and, then, again, I will let Marty kind of provide any updates or talk about the metal decking platform that's next to his property. De Weerd: Okay. Thank you. Was there any further questions before Marty starts? Thank you for joining us, Marty, and I know we have said this before, but we appreciate the -- the time you have put into this and certainly we all know that you're passionate about this project and thank you for being here. Schindler: Madam Mayor and Commissioners and Council Members, thank you for allowing me a few moments to stand before you tonight . So, Caleb, thank you and Bruce Chatterton thank you for all the use of the resources , not only financial, but also human capital came to be a real big help to me. De Weerd: Maybe we need an office for you here. Schindler: That would be nice. I would like to bring that up in a further conversation. But I do want to point out that -- so, the word employee -- and an employee going out and painting is kind of retroactive to our previous conversation, so we don't have to hire -- or have another consultant brought in to do this, utilizing an employee. De Weerd: No. We -- we have volunteers. Schindler: Yeah. So, it works out for all -- it's all well. We have -- you know, last year we -- I came before you and we started promoting the idea from an Idaho Smart Growth plan the topic -- item number seven came up, which became Idaho Avenue. In Meridian City Council - MDC Board Joint July 12, 2016 Page 19 of 29 that -- at the time I was looking at some property on Idaho Avenue and when this went a little bit further I purchased that property. The reason I purchased the property was twofold. One was the opportunity to engage in community activity, knowing that I was going to be retiring from a former employee, what am I going to do with my life. So, I'm the founder of C3 Environments and also I will be introducing a new company to Meridian shortly called Urban Verticals, which is a horizontal vertical construction company. I have three partners that have roughly a hundred years of construction expertise and we plan to make a little bit of an impact in the local town. Idaho Avenue. Idaho Avenue came about -- and it's really what you see today, the blue zone -- I will start back from the right size of it, actually the reclaiming of the property -- or city right of way. We reduced that from 54 feet to 22 feet. That gave us the opportunity -- which you see the decks out there today are really an idea -- an ideology for the word and term called prototyping. Prototyping is the extension of the sidewalks, which we hope to see in the next three to four years, and so I'm glad you brought up the word furniture. So -- and that's one of the reasons I'm here tonight was to talk about so what's next, what do we do. What is that blue area? Well, that blue area is really an extension that today we know we can't feasibly afford to lay platform end to end, it would be around 290,000 dollars to encompass both sides. So, there is no reason to spend that money. But I do see the need to create further activity on the street. So, one of the things that comes to my mind -- and I stood before MAC about six months ago, was the proposition of bringing up artwork. Artwork in the blue area -- today we use the word -- and a term called urban art and I think we have some photos of it. So, urban art you can see takes many forms and shapes. These are only just a few that we pulled up. But these art you will see sometimes horizontally, vertically. Today our canvas is that blue. So, how do we bring in about -- and create community activities? Art is a great way to expression. Art is also a great activity for further attraction , both for local and for tourism. So, there is a twofold meaning there. One is we -- by laying a canvas out there today, what you see as blue, which will later become areas of art. Those art -- we are still working on how this concept will go. I'm meeting on Thursday with Hillary and some of -- a team that we formed. We are looking at other grant ways and opportunities to create funding for other activities and other -- and other contributions from -- for the private sector, too. You know, today we have -- as Caleb said, we have roughly 6,500 dollars left in our budget -- is that correct? Hood: Uh-huh. Schindler: And I'm here to ask for assistance in moving that to -- and Caleb could help me with the terminology, but I would like to utilize that last 6,500 dollars. One is on the 9th we would like to do a street de dication. With that we would like to, you know, close down the street and start to bring about some public event -- maybe it could be the form of live music. We will have art on the street. We will use a little bit of a tool for post -- to create some posters to get out throughout the valley. And I -- I want to, you know, encourage Council Members in MDC that I think, you know, it's time to -- from my point of view and why I'm standing before you tonight is, you know, my -- I'm all about the Intercity, because I really don't care what goes on around us, because there is developers that are doing it every day. What I don't see is in our heart of our city a Meridian City Council - MDC Board Joint July 12, 2016 Page 20 of 29 lot of activity and that's why I am here is to help drive some further activity. There are things that I know Madam Mayor knows, that Bruce Chatterton know about, that, you know, we have people today -- we are talking about other things that could happen soon and more of that will come to be shed to light. We have other projects that we want to implement. If you -- when you walk out of City Hall today I want you to look to the east and what do you see? And what do we do? These are the things that we need to start to approach and begin to develop some -- some ideas of what could be. Along our own street, along Broadway, we see properties that are in decay and I want to be able to -- you know, before I die -- and I'm getting old, you know. I could drop dead now I feel like at times. But before I do, you know, I would like to see some things happen in this city. It's a great city, it's in the heart of Treasure Valley, and I think we all are here with the same means, that we want to see great things happen. So, with that, you know, we have a balance of 6,500 dollars. I would like to acquire that money to help facilitate these events, in partnership with MAC on the 9th and I can't give you a correct -- in intermittent discretionary amount of what that is, but I believe that through Caleb's practition with budgeting that he could probably help me with that. We threw out some ideas of what they are. They are developing some posters art for -- to spread around the city. That dollar amount is roughly about a thousand dollars. Live music comes to about five to eight hundred dollars for a two hour event. I would also suggest that we -- we help support the artist in some way fashion with our -- for supplies. We need roughly a thousand dollars in paint. I would also like to give out an award to the best artwork and I'm not sure that's going to be in Hillary's boat. We are going to talk more about that on Thursday. But I'd like to be able to create an award, so -- a first, second, and third place. And what is that today? I'm not sure. Somewhere between five hundred dollars and a thousand dollars. I think that the private enterprise would come to help sponsor some of this, though I'm not clear to who that it is today. But we are thinking -- I think that -- to step back a little bit, you can see that I'm able to go out and attract sponsors. I think that one time we -- when we actually went out to the RFP, the amount that came back in was 32,000 dollars to construct what you see out there today. I know Caleb had called upon me and asked for a little bit of further help and I gladly did so, since I was the one that was leading the flag to try to get this done I felt -- accountability is one word that I feel that I -- that I am justified in helping with the project. I think I have been accountable all the way through and I will continue to do so. I also wanted to bring up the point that the Idaho Avenue is a three-year pilot program and I see it beginning on Idaho Avenue between Main and 2nd, but extending from Main to 3rd over time. In the year 2019 ACHD is slated to resurface the street and at that point we may want to take a look at what else could be done or what has been done. You know, we will take it upon ourselves to form a set of matrix, you know, where we are today, what happened, and how has it really brought further economic development to that area. These are all things that I don't know how I'm going to go about it today, but I will have answers for that in the future. Any questions? De Weerd: Thank you, Marty. Any questions from Council or MDC board members? Bird: Just a big thank you for what you have done. Meridian City Council - MDC Board Joint July 12, 2016 Page 21 of 29 De Weerd: No comments? So, I know you have made a request and I love these examples and I see that they would be more of the lighter, quicker, cheaper, more permanent pieces to the redevelopment and the -- the interest on Idaho Avenue. What I would -- have never anticipated the funds to be spent for is an event . I -- I think that's the Downtown Business Association's responsibility. There needs to be skin in the game and -- and I think that the city and MDC have stepped forward to -- but the -- the business owners along there -- I see you here. I see Josh. I see Nathan here. But where are the rest of them? You know, where is the commitment from the others to being a part of it. I see the Meridian Arts Commission stepping forward and bringing in events to Idaho Avenue. The Historical Preservation Commission has created a program to bring people into our downtown. Where are the business owners and what is their interest and what is their skin in the game ? I'm sorry, I think that government should spoon feed only so much and I think we have done a lot. I don't want to offend you, Marty, because I see what all you have done. Schindler: Madam Mayor, let me answer that question in part anyway. So, we do have some contributing ideas from local store owners on that street and they look forward to seeing what else is going to be done by DBA. Unfortunately, I don't see anybody here from DBA, so I can't account for them. What I can say is this, is that I think that there should be a greater sense of ownership instilled upon DBA and how is that done, I'm not sure. I don't have all the answers. And I'm not a public figure and have no wish to be. I do want to see DBA succeed, but I also see problems there and I have discussed that with a few, but I don't think -- the heart of the question is is, you know, we have stepped up to the plate, we have spent 24,000 dollars, basically, and do we stop there? I don't believe so. I think that failure is only brought on upon ourselves by not looking further out into the future. I still think we still need to drive forward and create an urban environment downtown that has a unique sense of place . That's all we are talking about is placemaking and I see that as a roll of economic development and I have talked with Brenda Sherwood recently about helping me get the message out. I see Ashley, too, recently just walking the streets and, you know, I commend everything that she's done -- I hope I didn't say that wrong, but don’t take it that way. See, you guys are warped, you know. De Weerd: It's like, wow, Ashley. Schindler: But see that -- and the reason I bring that up -- I see also a change of heart within the MDC board and thank you, Mr. Basalone, for inviting the public to your meetings, because I think there is a lot of things that need to be changed , in my opinion. And I'm a taxpayer, I support funding to MDC on several accounts, and I see the need to keep driving the message . I think one of the key things is public outreach. You know, have I done a great job? I think I have done a fair job, but not good enough. And -- but I'm one individual and I also have a desire to see this continue -- this process continue. So, I ask, Madam Mayor, how would you help me do this? De Weerd: How would I help you? Meridian City Council - MDC Board Joint July 12, 2016 Page 22 of 29 Schindler: Yeah. What would you suggest? De Weerd: I would suggest having a downtown call to business type of meeting and -- because what goes on in our downtown is driven by the city. We, through our Arts Commission, provide Concerts on Broadway in partnership with the MDC. We brought the Meridian Youth Farmers Market in partnership with the MDC. We have the art drop and these art activities from a city commission. I had Steve from the Smoke Shop say we need to do a chalk art. We have the school district stepping up and doing it. I'm not sure if Steve's involved in that at all, but I -- I believe the city is very vested in our downtown and being a partner, but we can't be the one and only and that's -- I can say we are doing things in our downtown. If you want me personally to do something, I would be more than happy to volunteer. But I would say that I think that our staff and the hours of dedication they have put to Idaho Avenue in helping put this all together, our Parks Department in helping with the beautification of our downtown and the planter boxes, they do a lion's share. With the MDC funds, they do a lion's share. It's now the property owners -- they need to step up and come together and that's all I can say. Schindler: I don't disagree. Madam Mayor, I don't disagree with that. And I'm very appreciative of everything that's taken place and things that have been done here and around City Hall, so don't misconstrue what I had said, please. I am grateful for what's been done and what can be done in the future. De Weerd: But, Marty, I would love to see that -- those funds -- and I don't know about anyone else up here, because they're unusually quiet. Maybe they are letting me dig my own hole. But I would love to see that spent on something more permanent. Do you do something like this -- this art that you have shown us that shows imagination and would draw people downtown to -- to go and see it and you partner with the Meridian Arts Commission and say how can we put this to -- to use to draw artist to -- to be involved. I would be more than happy -- and I know music groups I can ask if they would come and play. I'm very thrifty and I like to volunteer people. Some people call it voluntold, but I would be willing to help, but I don't think that that is the city's responsibility in looking at the lighter, quicker, cheaper funds to do an event. You would want to see it add to the fabric and to that the -- the allure of bringing people into the downtown. That's one person sitting up here's opinion and I see a lot of people on either side of me that I'm sure have their own as well to pass along. Bird: Madam Mayor? Basalone: Madam Mayor? I'm sorry, go ahead. Madam Mayor, I agree with you wholeheartedly. I think that what we have created -- what you have created, Marty, through your leadership on Idaho Avenue -- to keep the art metaphor going, you have creative a canvas and now it's really up to artists being the -- the innovative business people on that street to utilize that canvas to not only enhance their own business, but to enhance downtown and to make it a viable place for families to come. So, I do think Meridian City Council - MDC Board Joint July 12, 2016 Page 23 of 29 it is something that MDBA has to take responsibility for and I brought this up at the last MDBA meeting, which was not well attended because of summer vacations and all that and I intend to bring it up at the -- at the July meeting -- is that MDBA has asked for the right to help sponsor activities, not only on Idaho Avenue, but within downtown and the city has expressed the willingness to allow MDBA to do that. In order for MDBA to do that they need to be able to cover any liability to insurance that the project would -- would require and I take it upon myself to make some inquiries with local insurance agents about what kind of liability insurance would be needed. It is not excessive. It is certainly doable. You need to know what the activities are, such as the art walk and the chalk art and so forth, and it can be done on a case-by-case basis and once we have a string of these activities 13 , 14 for the year, you can have a policy that covers all of those activities and which, then, makes it easy for any business owner through MDBA to utilize that street, because the insurance coverage would already be there for whatever the public exposure would be. So, I think it can be done. I think, though, that looking at MDBA in its second year, it's taking baby steps, it's learning to work with a budget, to solicit businesses to pay 150 dollars a year, which I wish most downtown businesses would do. A hundred and fifty dollars is pretty cheap public relations for what you get from it -- that that money could be used to fund the support structure to do the operational things of the activities that you're requesting. But, you know, I think we have seen before and it was before my time on the MDC board -- Keith and Madam Mayor that -- you were on it. I think you're aware of it. And Eric is probably aware of it -- that MDC tried to fund activities downtown and it was absolutely turned out to be a waste of money, because you're doing it for people, rather than them doing it for themselves and I think we need to teach people to fish rather than handing them fish and I think that we can do it. I think we have got Josh, we have got you, we have got Lisa, who owns Frankie's Java. We have got the people coming in that are going to be inhabiting your location and many others who have that innovative spirit and that creativity and I think we are going to encourage some of the longtime people that, gee, maybe I can do this easily and it isn't the terrible thing that I think it's going to be and all the extra work. It could be fun for them and enhance their businesses. Escobar: Madam Mayor? De W eerd: Mr. Escobar. Escobar: Marty, first and foremost, you have worked tirelessly to do this and, again, gratitude towards you. Thank you for that and, please, keep your energy high, because you have a good impact in what's happening downtown and as a downtown business owner, downtown property owner, member of the MDBA, member of the MDC, being involved in those avenues, if I were to have painted the picture you just painted for me as a business owner I would be a sponsor as a business owner in downtown. De Weerd: There is your first -- Meridian City Council - MDC Board Joint July 12, 2016 Page 24 of 29 Escobar: I would volunteer. I'm a sponsor to support activities like this, because I believe in the core of our city. I would venture to guess there is probably a few others sitting up here who might be willing to be sponsors as well and I don't think it's going to be hard to get to the -- to the dollar figure you're looking for and I think the MDBA is the correct tool to be able to reach out to those types of sponsors. So, in your request as what's a solution, I think that's a very viable solution. They could paint the picture within weeks. Schindler: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: First thanks for the compliment on calling me unusually quiet. I appreciate that. Second, to no surprise, I disagree with -- with the comments that we have heard tonight. We as a group voted to invest some money in a very unique project in downtown and it seems as -- as a city we have a ribbon-cutting for everything. We have a ribbon cutting for parks. We have a ribbon cutting for bathroom to parks. We have ribbon cuttings for buildings that are on parks. Why do we do that? Because we are proud of the investment. We want to celebrate this. We want to invite the public. Well, I'm proud of this project. I want to celebrate it. And we -- MDC -- because I have an old MDC hat I pulled out of the closet. I'm going to put it on, because that's what we are doing tonight. We would always say we want business owners to come to us with ideas. We have got a visionary business owner coming to us with an idea , asking for some help with an investment. Now, I agree with the Mayor, I agree with Commissioner Basalone, it probably shouldn't be driven solely by city and MDC funds. But I guess maybe that's not what I heard that it was solely from us. I think we have got a visionary downtown business owner who has got a unique idea to celebrate an investment that we agreed was important for downtown and I just -- I'm surprised that we are saying we don't want to do that. That was a great idea. So, let's not turn our backs to it. Let's be open. Let's let somebody who is visionary and creative like Marty come up with a plan, bring it back as a proposal, and, then, we can discuss it on its merits, as opposed to just saying no. I will hop off my soapbox. Schindler: Thank you. Cavener: Thank you, sir. I appreciate you being here. De Weerd: I volunteered my personal time and -- Cavener: I'm too busy painting the sidewalk. De Weerd: I'm already doing that, too. Cavener: Well, I guess I better come with you and do that as well. Meridian City Council - MDC Board Joint July 12, 2016 Page 25 of 29 De Weerd: You're right. And, then, you can be part of my band that is going to be the entertainment, too. Cavener: I play a mean recorder. Winder: Madam Mayor? De Weerd: I will drive people off, but -- you know. Yes, Mr. Winder. Winder: Now I forgot what I was going to say. But I guess I'm kind of along the same line of thinking as Luke. But I see this as similar to what we have done with Con certs on Broadway where I think MDC is the single largest sponsor of Concerts on Broadway, if I'm not mistaken, but we -- we consciously made the decision that we wouldn't do it unless there were private partners that stepped up to the plate, too, and we make sure that we weren't the largest advertiser on their -- on their promotional materials and everything. I see this as something where we should encourage something like that, too, where we could participate to an extent, we shouldn't be the only source, but I think it's good to get people into downtown and I think celebrating a successful project -- I know in my -- my own line of work I get calls every day from people, because they see things are going on in downtown Meridian now that weren't going on a few years ago, whether it's, you know, the businesses that have opened recently, the people that have invested money in -- in renovating buildings in downtown, the branding and signage that's gone up, there is a real buzz going on in downtown Meridian and I think we need to capitalize and continue that . There is people that want to open businesses here. There is people that want to build buildings here and -- and unless that momentum keeps going they are going to not come here, because it's not the easy thing to do and so I think it's in the interest MDC and downtown property owners and everybody to help with an event like that , because I think it just is necessary to keep the ball rolling. Schindler: Thank you, Commissioner Winder. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I'm going to agree with Councilman Cavener and it's about spending money. I -- I know. Right? I voted to create an urban renewal district, budget amendment -- here we go. I mean I -- I have been driving up Idaho Street as this has been being built out and I think we put the money into it, now we need to -- you know, if we have got a little money left we need to do what it takes to drive a few eyeballs onto that street, so that they see what's happe ned there, because there is no way they are going to otherwise, unless they -- they are the kind of people that frequent those businesses that are there anyway. And so I also offer myself, if there is anything that I can do, if you need a flower pot needing moved I'm a big guy, I can get Meridian City Council - MDC Board Joint July 12, 2016 Page 26 of 29 a lot of momentum and move it. If somebody -- if one of the businesses -- hopefully buys a table that they want to put it out there, an umbrella, and they need access to a truck and a trailer to help get it there, let me know. I want to do whatever I can to help make this a successful investment now that we have done it. Schindler: Thank you, Commissioner Palmer. Bird: Madam Mayor? De Weerd: Were you committing city dollars to it or just your personal resources? Palmer: Myself. De Weerd: No. He was committing -- Palmer: I have got access to a truck and a trailer -- I have moved a lot of furniture -- De Weerd: He can be on my band, too. Palmer: Yeah. I can move heavy stuff. So, whatever I can person ally do just as a citizen to help drive people there, I want to do it. De Weerd: We are going to have an eclectic band, too. Yes, Mr. Bird. Bird: Madam Mayor. I'm not going to be in your band, but -- anyway, I have to agree with Mayor that, you know, government can do so much -- throw money at so much stuff, but unless you get the people that are down here day in and day out to buy into it -- yeah, we have a great one-time event, because we throw the money at it, but I'd like to see something that is a continuum event, you know, like Alive After 5:00. Tammy and I have discussed that for -- De Weerd: Years. Bird: -- years and the only time we could have it was Tuesday and we are both tied up on Tuesday night, so -- but I think -- I think we need to have the businesses involved financially, sweat equity, whatever they want to do. I have no problem giving a little bit of slush money to start, but I -- I don't want -- I do not want the MDC or the City of Meridian the backer. It's got to be done -- it's got to be done from within the business community down there. It will be much more successful, it will get more people down there and it's something they can buy into and be very proud of . That's my point. De Weerd: That was seed money, not slush money. Bird: Yeah, she -- Meridian City Council - MDC Board Joint July 12, 2016 Page 27 of 29 De Weerd: You heard him wrong. He said seed money. Any other comments? I think the -- yes, Mr. Borton. Borton: Yeah. De Weerd: Another committee member. Borton: And -- De Weerd: And sponsor. Borton: And sponsor. Here is what I would suggest I guess is the devil is in the details. Bring back the proposal. We have done all of these types of things before. You know, the Meridian Merchants Association back in the day ran a scarecrow festival and we had the buy in from the business community. It's difficult to maintain continuity year over year, but these things have been done and can be done again, whether it's that type of festival is reborn and done annually and our Christmas in Meridian, which is organized by the city, but it's funded by private businesses who say I will participate. I cannot organize it, I'm running a business. I can't herd cats and figure out how to do it, but I will fund and contribute like the New Design Street Fair we are going to have -- well, I will contribute to it and that's how a great event happens, like Christmas in Meridian, for example. So, that might be an opportunity where if there is an entity that can organize the event you'll get busi nesses to sponsor it and they will do that on a repeat basis, so -- and with that type of structure and that type of buy in from the downtown business community with their dollars to back an event, that seems like it would give the city more of an incentive to perhaps match or fun d and be reimbursed in similar ways we have done it for other events. So, it provides some structure to having it be successful and get that buy in from the business owners. De Weerd: So, look at what you created. You created a sponsor with Jim Escobar. You have a sponsor of as Joe Borton. You have physical labor out of Ty Palmer. You have the same with Luke Cavener. I will be a sponsor and on your planning committee and Dan Basalone will, too. And so will Josh. Come on up. So, see, we almost planned an event here, because Marty wants us to and we are on your team, Marty. Evarts: Mayor, Council Members, Commissioners. I'm in appreciation also, since I have property sitting on Idaho Avenue. I have seen Marty out there, because I'm enjoying cigars while I'm watching him work and it's literally every day. Even to the point that I saw him out there on an early morning like watering plants, because he was passing that duty off to the actual business owners and we are all chuckle heads and we are not actually doing our part, so -- and this actually relates to our first order of business, even with the administration, do not let the downtown business owners off the hook. We are not doing our part. You know, when -- when Dan and Ashley and -- and folks are at these MDBA meetings and I'm not, we have to be held to a higher standard and I think one of the things that Marty is probably feeling right now is people are offering dollars and everything like that, but Marty's MDBA, he is one person sitting Meridian City Council - MDC Board Joint July 12, 2016 Page 28 of 29 there and until that group really gets on the ball and activated, you guys should feel no obligation to provide any kind of resources and financing to that effort . We -- we really need to do our part and get our act together. We can't even bill ourselves for our own dues, so -- so if we can't do it, it's completely irresponsible for city taxes to be contributing to anything that would benefit us; right? We can't get out of own way. So -- so, I would just encourage you -- and I'm really talking to myself here -- like challenge us there. Like if there is something that you can do -- Dan, you know, as an MDC, Ashley -- like next time we have an MDBA meeting I think it's totally appropriate to say, look, DBA, you have got all kinds of investments we have been making and we are seeing nothing out of you. You should be a little bit embarrassed right now and what are you going to do this month to get your finances squared away , because it sounds like you have got people like Marty that are doing really innovative things that are begging you to like go activate and do stuff and you can't get out of your own way. So, that would be my two cents. Any questions? And there is a standing invite for cigars at the Vault for anybody. So, really, I'm disappointed that Nathan is the only one taking me up on it on a regular basis, so -- anything? Nothing? All right. De Weerd: Thank you, Josh. Mr. Basalone. Basalone: Madam Mayor. If we had ten Joshes and ten Martys we wouldn't be having this discussion, because all these things would be done. And Josh is absolutely right, we need to encourage the other business owners to participate , but we have to have a structure in place that outreaches to them and make s sure that they understand what they are getting for their 150 dollars and why we need their involvement and how they can utilize this great resource that Marty and Josh and Caleb have helped build . De Weerd: I agree with Luke to the point where if we want to do a ribbon cutting we can do a ribbon cutting, can't we, Ann? Little Roberts: Absolutely. De Weerd: But I will tell you that when we do that we do it with volunteers and business sponsors and maybe we will help find the sponsors, but it's not the city dollars. We cut a ribbon on an interchange and that was funded by the business community and I want to be on your team , I want to celebrate the success, I want to celebrate the efforts that many people have put into this and I will be on your planning committee, but I -- I think that this is not a city funded thing and I will personally sponsor and you have several others up here that would do that , but -- and I know your frustration, Marty, because sometimes I think when I get involved in something I'm the only one doing something. I know where you're coming from. So, that's -- Schindler: Madam Mayor? De Weerd: -- why you now have a huge team on your side. Meridian City Council - MDC Board Joint July 12, 2016 Page 29 of 29 Schindler: Great. Thank you, Madam Mayor, Commissioners and Council Members and I will be back. De Weerd: Anything else for the good of the order? I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. Thank you. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED ATTEST: ooRPTEo'4�c,. of J JAYCEE flOLMAN, CITY CLERKE W IDIAN� SEAAHOL 2T�A JP Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 19, 2016 City Council Meeting MEETING NOTES F-4-VIT APPROYFO 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 July 19, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 19, 2016, by President Keith Board. Members Present: Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Member Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Kyle Radek, Jeff Lavey, Scott Colaianni, Mark Neiemeyer, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __ Mayor Tammy de Weerd Bird: Welcome to the City Council meeting for Tuesday, July 19, 2016. Welcome you all and we will start with roll call, Madam Clerk. Item 2: Pledge of Allegiance Bird: Now, if we will raise for the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Bird: Now, if you will, please, join us in the community invocation by Larry Woodard or take this as a time of reflection. Welcome, Larry. Woodard: I have been coming so often that I feel like I ought to be the Council Chaplain. Bird: We can certainly do that. Milam: Second. Woodard: I just want to tonight in my prayer echo the thoughts of the Mayor when she talked about the police shootings in Dallas and Baton Rouge and, then, here we have another one today and she asked the question where is our moral compass at this time in our nation? So, with that as a backdrop, let me just pray. Our Dear Heavenly Meridian City Council July 19, 2016 Page 2 of 23 Father, this has been a couple of terrible weeks for our nation. There seems to be anger at every turn and it is causing our policemen and women to be ambushed on a regular basis. My prayer tonight is that at least in Meridian, Idaho, we revisit the moral compass that we -- that has made our nation great and turn again to you for solace and help. I ask that our local police force be kept safe. When they leave their homes each day for duty may they hug their wife or husband a bit tighter than before and simply whisper a prayer of safety for all. One of the long time Meridian policemen and his family attend our church and I watched his daughter grow up from a little girl to a young lady. I can remember the anguish when he volunteered to go with a Marine unit to Iraq. I thank God that you have protected him and others as they perform their duties. Our moorings are rooted in your word the Bible. It is in this book we hear your wishes for us to live moral lives. So many of these wishes are being ignored and we are paying the price. Tonight I simple ask you, God, to protect our men and women in uniform, whether it's a police officer, emergency personnel, fireman, or a member of the armed services serving overseas this hour. Lastly, I pray for Mayor Tammy who gives this city a moral bearing that many follow and our City Council members who have wisely guided our city over the years. May they individually turn to your word on a daily basis to find the direction needed to lead a growing city that within the next year or two will exceed 100,000. Bless this Council tonight and the decisions being made in Jesus' name, amen. Item 4: Adoption of the Agenda Bird: Thank you, Larry. Council, adoption of the agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: Item 5 -- or, excuse me, 6-A is proposed resolution number 16-1150. Item 8-B is proposed resolution number 16-1151 and we will be adding Item No. 11 to the agenda, an Executive Session per Idaho Code 74-206(1)(f) and with that I would move for the adoption of the amended agenda. Cavener: Second. Milam: Second. Bird: Okay. You have heard the motion and second of it. All in favor signify by aye. Any opposed? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of June 28, 2016 City Council Meeting Meridian City Council July 19, 2016 Page 3 of 23 B. Approve Minutes of July 5, 2016 City Council Meeting C. Final Order for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road D. Final Order for Bainbridge Park Subdivision for (H-2016-0070) by Brighton Development Generally Located South of West Chinden Blvd and West of North Ten Mile Road E. Final Order for Chesterfield Subdivision No 4 By Kent Brown Planning Generally Located at South of West Pine Avenue Between North Black Cat Road and N Ten Mile Road F. Final Order for Trilogy Subdivision No 1 (H-2016-0062) By Conger Management Group Generally Located at the SE Corner of W Chinden Blvd and N Black Cat Road G. Final Plat for Hill's Century Farm No. 4 (H-2016-0072) by Brighton Investments, LLC Located East of S. Eagle Road, Midway Between E. Amity and E. Lake Hazel Roads 1. Request: Final Plat Approval Consisting of Thirty-Seven (37) Building Lots and Seven (7) Common Lots on 15.56 Acres of Land in the R-8 Zoning District H. Final Plat for Heritage Grove No. 4 (H-2016-0071) by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove 1. Request: Final Plat Approval Consisting of Thirty-One (31) Single Family Residential Lots and Six (6) Common Lots on 5.22 Acres of Land in the R-15 Zoning District I. Final Plat For Whiteacre Subdivision No. 1 (2016-0073) By Whiteacre Development Corp Located at the West Side of North Meridian Road Between W. Ashton Drive and W. Lava Falls Drive Request: Final Plat Approval Consisting of (Twenty) 20 Residential Lots and (Five) 5 Common Lots on 5.55 Acres of Land in the R-8 Zoning District J. Final Plat for Kenners Subdivision (H-2016-0079) by Tealeys Land Surveying Located at 2050 N Dixie Lane Meridian City Council July 19, 2016 Page 4 of 23 1. Request: Final Plat Consisting of (8) Eight Single- Family Residential Lots and (1) Common Lot on Approximately 1.28 Acres in the R-8 Zoning District K. Approval of Purchase of Vactor 2100 Plus Combination Sewer Cleaning Truck from MetroQuip, Inc. and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not-to-Exceed Amount of $481,349.00 L. Approval of Purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not-to-Exceed Amount of $111,959.21 and Authorize the Purchasing Manager to Sign the Purchase Order Bird: Next item. Five. Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we approve the Consent Agenda as published and for the President to sign and Clerk to attest on all necessary papers. Milam: Second. Bird: Okay. We have had a motion and a second. Clerk -- Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Mayor's Office: Resolution No. 16-1150: Resolution for the Appointment of Jacy Jones to Seat 3 of the Meridian Historic Preservation Commission Bird: Okay. Item 6-A, from the Mayor's Office, we have got a resolution for the appointment of Jacy Jones to Seat 3 of the Meridian Historic Preservation Commission and I don't think -- I think we all know Jacy and she happens to be here. She -- she couldn't miss a Tuesday night, so -- I would entertain a motion to accept that resolution. Palmer: Mr. President? Meridian City Council July 19, 2016 Page 5 of 23 Bird: Mr. Palmer. Palmer: I move we approve Resolution 16-1150. Little Roberts: Second. Bird: You have heard the motion and a second. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Congratulations. Thanks, Jacy. Okay. Jacy, would you like to -- would you like speak? Jones: Mr. President, Council, thank you so much for the opportunity to allow me the chance to be involved with the community in this position. I am really excited. The commission has some fun stuff coming up, so you will see me back here. The Mayor kind of prefaced you on the children's museum project, which I am involved in, and I'm excited to get caught on what the commission has been doing and do good work. So, thank you all very much. Bird: Thank you for accepting it. Thank you. Jones: Thank you. Have a good evening. B. Hometown Hero Award Bird: Okay. Item 6-B is a Hometown Hero Award and I will turn this over to Chief Niemeyer for this. Niemeyer: Mr. President, Members of Council, thank you. It's a great honor every so often we get to stand before you and our community and exemplify and talk about a community that has done something that truly does exemplify why Meridian is so great and tonight we are going to be here to honor Matt Huff. I'm going to turn the podium around as I was talking to Mr. President about -- and announce this, so please join me in recognizing Matt. So, Matt, I'm going to have you come up and join me and I'm also going to have Taeton's family come up and join me as well. Taeton, you're up here front and center, buddy. So, as you know, Mr. President and Council, members of the community, the Mayor started a Hometown Hero Award program a few years ago and tonight we are very honored to stand before you and recognize one of community members Matt Huff. On the evening of June 21st at the Tuscany Triple, which is a kids triathlon that takes place in the Tuscany Subdivision, a resident of the subdivision saved a child who had jumped in the pool and was having some problems. Matt Huff was outside the pool enclosure watching his own children compete and as he did so Meridian City Council July 19, 2016 Page 6 of 23 he noticed that a young boy was having some trouble after he had jumped into the pool and that young boy is standing right here next to me. So, Matt immediately climbed a -- how did you describe that? The fence? Like a wrought iron fence, pretty tall, and scaled that as soon as he realized that this child was having trouble and jumped into the water fully clothed -- I don't know if that was the same clothes you had on or not -- fully clothed and was able to get Taeton out of the pool. Without his quick actions this outcome may have been much worse and this really exemplifies what this community is about and the people that live here, looking out for one another in these types of situations. So, Matt, what I would like to do is on behalf of the Mayor, the City Council, and the fire department read to you a Hometown Hero Award that we have for you. Presented -- the Hometown Hero Award is presented to Meridian residents who perform selfless -- selfless acts of heroism, going above and beyond the call of duty in service to others in our community without regard for attention or personal gain. So , this is presented to Matt Huff in recognition of your quick execution and taking charge and administering lifesaving actions to a young boy who was drowning. Your prompt service on the 21st day of June, 2016, unquestionably save d his life, given this 19th day of July, 2016. So, with that, Matt, I would like to present to you this award. Huff: I appreciate that. Thank you very much. It's an honor and I appreciate the recognition and I'm just grateful that he was okay and here to enjoy another day and be a kid and I'm sure that there was many more people right behind me and I just happened to be the first one in the pool and I feel like God helped me that day be alert and aware and in the right position to help him and I want to definitely recognize his hand and, you know, I felt that shortly after -- after it happened that I was positioned that day to not stand and wait as we all do in a lot of situations where something goes wrong and the first thing we do is panic and time goes by and goes by, but for some reason that day I was there and jumped over that fence and -- can't really remember what happened, but I helped him out and I'm grateful and honored by my good friend Romeo Gervais, he definitely knows I wouldn't do this for the recognition and I appreciate him and I appreciate all of you. This is an honor and just hope that all of us can pay it forward anytime we can to jump in and help. When I was a boy I remember I was probably four or five years old -- it's one of my earliest memories, I was at a grocery store with my dad, he was going to college in Logan at Utah State and we were sitting in the car and mom had ran in the store to get some groceries and there was a guy that just, you know, looked out of place, he was standing in front of the grocery store and my dad kept watching him and soon enough a lady came out and this guy grabbed her purse and took off running. I remember my dad jumping out of the car and running with one of the other store employees and they chased this guy down and stopped him and my dad was a hero to me when I was that age and I have always remembered that and always tried to -- to help out whenever I could. So, I appreciate this honor and, again, I hope we can all step up and do our part in the community. I appreciate it very much. Thank you. C. Police Department: Re-Accreditation Accomplishment for Meridian Police Department Meridian City Council July 19, 2016 Page 7 of 23 Bird: Thank you, Matt. Thank you very much. Item C, Police Department. Chief. Lavey: Mr. President, Council, thank you for the opportunity to speak to you today. I don't know if he's still here, but I would like to thank Larry for his kind words and prayer for the law enforcement officers. It has been a difficult past couple of weeks and we are still thinking of the officers in Dallas and in Baton Rouge and, then, of course, today in Kansas City. However, I am grateful to be a part of this community and this has been a great start for this Council session. It's been all positive. It's been pretty awesome. And so I would like to keep it on that track if I could. A little bit of history in the Meridian Police Department is we wanted to participate in the state accreditation process with the Idaho Chief of Police Association and, frankly, it took four chiefs for that to happen and it wasn't anything special that I think that we did, it's just that this city has been growing so rapidly and it takes a great deal of work to do to accomplish that and so we were grateful enough to receive our state accreditation in 2013 after many, many years of hard work and he was suppose d to be here today, he's running late, but Lieutenant Scott Colaianni has been the liaison to really make that happen and -- and it's been his staff and himself, really, has put in a great deal of work and so if he happens to show up, call him on being late first and, then, we can congratulate him on his efforts. Really what it is is 94 standards that the chiefs of police have agreed upon in the state of Idaho that are best practices for our state . They cover anything from mission statements, to strategic planning, policies and procedures, use of force, driving, equipment, evidence storage, evidence handling, vehicles and the list goes on. They come into your department and they turn it upside down and you really are vulnerable. They come in, they look at every nook and granny, every policy. They talk to people on the street, they talk to officers in the station and they go ride with officers to find out are you really doing what you say you're doing. So , in 2013 we were accredited. It was supposed to be good for five years. Well, one year later the state association decided, you know, things change so much in five years that we think it should be three. So, we had to get reaccredited after three years, instead of five. So, this is about two years too soon for me. But I put a letter on each of your keyboards, just so you would know what I'm talking about and I also left a letter for the clerk for the -- for the record as well. But I'd like to read into the record the short letter if I could. It says: Dear Mayor and Council Members, it is a pleasure to inform you that the Meridian Police Department has successfully completed Idaho Chiefs of Police Association reaccreditation process. During an on-site inspection by members of ICOPA accreditation team on May 18th, 2016, your police department was found to be in compliance with all accreditation standards set by ICOPA. The milestone achievement came with no small effort. Our special thanks go out to Chief Jeff Lavey and to his staff for taking the opportunity and putting forth their efforts in meeting the accreditation standards set forth by ICOPA. This is an accomplishment that you and the citizens of Meridian can be proud of as it demonstrates your dedication to maintaining a progressive and professional police department for your community. Once again on behalf of the Idaho Chiefs of Police Association we congratulate you and your city on this outstanding achievement and the last item I would have -- I would tell you is that we were the 14th department in the state of Idaho and now I think there Meridian City Council July 19, 2016 Page 8 of 23 is only 18 police departments and one sheriff's office that's accredited within your state. So, with that being said I will stand for any questions. Bird: Any questions or comments, Council? Congratulations, chief -- Lavey: Thank you. Item 7: Items Moved From the Consent Agenda Bird: -- to you and your staff. Very appreciative. Okay. We had no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: Proposed Homecourt User Fees of the Meridian Parks and Recreation Department Regarding the Facility Located at 936 Taylor Avenue, Meridian Bird: So, we will start with the Action Items. 8-A is a public hearing on the proposed user fee for Meridian Parks and Recreation Department regarding the facility located at 936 Taylor Avenue, Meridian. Garrett, I guess it's you? White: It looks like it. Councilman Bird and Members of the Council, first of all, thank you for the opportunity to come and talk to you guys tonight. The fees that you guys see proposed in front of you now are the current fees that the YMCA currently hosts for the home court. One reason why we wanted to go with these proposed fees is to keep a smooth transition from the ownership of the Y to the ownership of the city. Along with those, the smooth transition period, we have compared these fees to other gym rentals, basically, around the valley and around Idaho and in particular Boys and Girls Club, part of the Garden City facility as well and City of Boise and Fort Boise Community Center. Looking at those rates that -- the fees you see in front of you are the going rate per hour per court for that. The discount proposed in front of you on the ten percent for 200 hours or more booked throughout the year to 500 or more for a 20 percent discount throughout the full year, are basically a full discount for that. The way we are running -- the way we are holding that is you book it, you pay for it, so -- and all those fees have to be paid for up front to get that discount. The open gym fees that you see as well in front of you are the fees to help cover the cost of the program. We want to run that open gym program for community members that aren't involved in a league -- aren't involved in a line membership, that aren't involved in a youth organization, they just want to come out and shoot hoops, hang out with friends and family, play some pick-up games, get some instruction for kids, things like that. So, the fees there are very similar to what the going rate is again for open gym facilities all around Idaho in particular. They also reflect very similar to what Fort Boise does in their open gym program. Those fees are, basically, to cover the cost of the program. The hourly court rentals, like I mentioned before, will actually help cover the O&M Meridian City Council July 19, 2016 Page 9 of 23 portion for the hour that is reserved. That's basically what I have to say with the fees. Any questions for me? Bird: Council, any questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Garrett, a couple questions. Related to the fees that's for open gym time , how are you verifying if someone is coming in is a Meridian citizen or not, specifically when they are youth? White: For youth -- if they are coming with youth they have to be a certain age for that or they have to be accompanied by an adult. At that point we look at their IDs, car registrations, anything that will prove that they are a Meridian resident at that time. Cavener: Mr. President, additional follow up? Bird: Go ahead. Cavener: Can you just maybe walk us through a little bit more of the thought process on charging a fee for those that want to access the open gym? White: Sure. And so the fees are there, basically, to cover the cost of O&M during that time, as well as staffing for that time as well. We want to host those type of things and, like I said, cover the cost of the program and -- very similar to like all sports programs run, every league has some cost, whether they are resident or nonresident, that pertain to cover the cost of that league. We wanted to do the same thing. It's run as a recreational program to help cover cost of the facility. Cavener: Mr. President, one additional if I may. Bird: Mr. Cavener. Cavener: Do you have an assumption about how many users you're going to have in the gym at a given hour to be able to cover the O&M? White: Not necessarily. I mean it could be heavier one day and heavier the next. It's kind of one of those -- you want to have between 12 to 15 people there to help cover that hour -- or per hour. The reality is we don't know until we really get in there and run the program, very similar to like we do with a current recreational program, you try it and adjust things and, really, we can come back at the end of the year and -- I know with my programs I evaluate them monthly, weekly, that type of thing, kind of see how things are going. The current open gym idea right now we are going with -- we have had a lot of requests for open gym volleyball and open gym basketball. Pickle Ball in Meridian City Council July 19, 2016 Page 10 of 23 the evenings, because right now there is really no indoor Pickle Ball in the evenings. As well as just a fun family night. Not competitive. Come down and shoot hoops with the kids and things like that. So, that schedule has not necessarily been set in stone yet by any means, but we are looking at Monday through Friday in the evening time for those, so I hope that answers your question. Cavener: Thank you. Bird: Any additional questions? Okay. This is a public hearing. Anybody would like to testify? Seeing none, Council, what's your privilege? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move we close the public hearing. Borton: Second. Bird: Motion to close the public hearing. All in favor say aye. Opposed? MOTION CARRIED: ALL AYES. B. Resolution No. 16-1151: A Resolution Amending the Meridian Parks and Recreation Department Fee Schedule to Include User Fees for the Homecourt; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Bird: Okay. We will go onto 8-B, which is the resolution approving these fees. Little Roberts: Mr. President? Bird: Mrs. Roberts. Little Roberts: I move we accept proposal 16-1151 to accept the user fees for home court. Borton: Second. Bird: Okay. We have had a motion and a second to approve resolution 16-1151. Madam Clerk. Cavener: Mr. President? Bird: Yes. Meridian City Council July 19, 2016 Page 11 of 23 Cavener: Real quick, a comment if I may. Bird: Okay. Cavener: I appreciate the work that's went into parks on this. I have just -- I have struggled from the get go on this that we are our charging our residents a fee to come in and use the gym that our taxpayers have helped pay for, so I will be voting no on this. It's not a reflection of the work that Parks has done, it's just my perception on what we should be charging our taxpayers. Bird: Thank you. Any other comments? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE NAY. C. Public Hearing Continued from June 28, 2016 for Brundage Estates (H- 2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District Bird: Okay. Public -- next 8-C, public hearing from -- continued from June 28th for the Brundage Estates, H-2016-0001 the LC Development. Is that you, Sonya? Watters: It is, Councilman Bird. If you will all recall at the last hearing the applicant addressed some concerns with staff there were several block lengths that exceeded our maximum length standards. She has shown a conceptual development plan with some changes to the plat and, then, the Council had directed the applicant to come back with a revised plat showing those changes. The applicant has done so. That should be part of your packet. She is asking for condition number 1.1.5, which requires a minimum of 14.99 percent of qualified open space just to be modified slightly to -- it's just a -- still 14 percent, it's just a little under what was shown previously, so if the Council makes a motion to approve this tonight I would just ask that condition 1.1.6 be modified accordingly and this is here on the overhead. The plat on the left is the previous plat that was submitted with this application. The revised one is on the right. Bird: Council, any questions for staff? Does the application want to testify? Okay. Have we got any questions for the applicant? Anything else, Sonya? Meridian City Council July 19, 2016 Page 12 of 23 Watters: Nothing else, Councilman Bird. Bird: Council, anything needed by anybody? So, if not I will entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Palmer: I move we close the public hearing on Item 8-C, H-2016-0001. Cavener: Second. Bird: You have heard a motion to close the public hearing on H-2016-0001. All in favor say aye. Any opposed? Okay. MOTION CARRIED: ALL AYES. Bird: Council, you need any questions or any discussion? If not I would entertain a motion one way or the other. Borton: Mr. President? Bird: Yes, Mr. Borton. Borton: Go ahead. Cavener: No. Go ahead, Mr. Borton. Didn't we already approve 8-C-1? Isn't that what we just voted on? Bird: We just closed the public hearing. Cavener: Okay. I thought that's what we were doing. All right. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we approve Item 8-C-1, the revised preliminary plat and to include the reference by staff and the applicant with regards to conditions 1.1.5 and the modified open space calculation. Cavener: Second. Bird: There is a motion and a second. Any discussion? If not, Madam Clerk. Meridian City Council July 19, 2016 Page 13 of 23 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. D. Public Hearing Re-Noticed from June 23, 2016 for Harmony Hills Assisted Living (H-2016-0061) by Derk Pardoe Located North Side of W. Overland Road and West of S. Stoddard Road 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #114034780) for the Purposes of Incorporating a New Concept Plan, Building Elevations and Certain Provisions of the Development Agreement Bird: Council, 8-D, which is a public hearing for H-2016-0061. I will open the public hearing and staff. Josh. Beach: Thank you, President. This is an application for Harmony Hills Assisted Living. It is an application for a development agreement modification. The site -- the actual site for the development agreement is this entire highlighted area. Their actual site that they will be developing are those two parcels here along Overland Road, just to be clear. The site is east of Tech Lane and north of Overland Road, just -- just east of Stoddard Lane and south of the freeway. The applicant is requesting to amend the recorded development agreement that was approved in 2014. The approved concept plan depicts a mixed use development consisting of three retail buildings ranging in size between 7,000 square feet and 11,250 square feet that is adjacent to Overland Road. A 180 unit multi-family development and a single office pad site adjacent to the interstate. A conditional use permit for the multi-family portion of the site has been granted and is currently developing with a 190 unit apartment complex to the north. So, this -- this portion here is being constructed as we speak. The a pplication now desires to amend the approved concept plan in order to develop a nursing care facility. The new concept plan depicts a 48,000 square foot nursing care facility, two 7,000 square foot retail buildings and a 190 unit apartment complex and a future office pad site. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. It is important to note -- go back to the site plan here. The property to the west has been approved to develop with a vehicle sales facility, Bish's RV. The recorded plat approved an access to West Overload Road and annotates cross-access to that property. The submitted concept plan was revised to allow the inter -- to allow the inner connectivity between the two uses. Staff has concerns with recreational vehicles using the shared access. With the approval of the Bish's RV Sales facility the applicant was -- was approved an access to Overland Road farther to the west. Staff encourages the applicant to coordinate with the adjacent property owner to clearly deli neate that the shared driveway is to be used as a vehicle sale entrance only and the western most Meridian City Council July 19, 2016 Page 14 of 23 driveway is to be used as a service entrance to minimize conflicts between the two uses. With the recent update to the Unified Development Code, nursing care facilities are now allowed through the approval of condition use permits -- it was previously prohibited. The applicant has subsequently applied for and will be coming before the Planning and Zoning Commission on August 4th for a conditional use permit for this use. So, as you know, this is a development agreement modification. There has been several applications on this site over the years. This is the most recent one to modify that as I said. Staff is in support of this and, as I said, the conditional use permit will be going before the Planning and Zoning Commission on the 4th of August for their review. Stand for any questions you have. Bird: Council, any questions for staff? Cavener: Not at this time. Bird: Not at this time? Is the applicant here? Barfus: Did you have any questions? Bird: Come up, state your name, and address, please. Barfus: My name is Brent Barfus. I am the site superintendent for Ramsey Construction and representing Derk Pardoe on this meeting. Bird: Any questions for the applicant? Thank you very much. Barfus: Thank you. Bird: This is a public hearing. Would anybody else like to testify? Seeing none, Council, need any more questions answered while in the public hearing? If not I would entertain a motion to close the public hearing. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing on Item 8-D, H-2016-0061. Little Roberts: Second. Bird: Okay. We got a motion and a second to close the public hearing on 8-D. All in favor say aye. Any opposed? It's closed. MOTION CARRIED: ALL AYES. Milam: Mr. President? Meridian City Council July 19, 2016 Page 15 of 23 Bird: Mrs. Milam. Milam: I move that we approve -- to amend the recorded development agreement, instrument number 114034780, which is Item H-2016-0061, with all staff and applicant comments. Cavener: Second. Bird: We have a motion and a second to approve H-2016-0061. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Before we go into Department Reports, I'm glad you made it, Lieutenant Colaianni. Colaianni: Thank you. Bird: We are very proud of you for this accreditation. You did a great job, you and your staff, and the chief said you would be here on time, but -- something come up, so -- Colaianni: I have two words for you. Matt Damon. That's where I have been. I thank you for the kind comments. It wasn't all me. I'm surrounded by some very talented people that help me and support me and they are just as must a part of that, but, thank you, appreciate it. I will pass it on. Item 9: Department Reports A. Parks and Recreation Department: Request for Spending Authority to Use Existing Funds to Landscape the Three Median Islands on Ten Mile Road South of the Ten Mile Interchange Bird: Well, thank you very much for your hard work. Okay. Department Reports. 8-A. Parks and Recreation Department, requesting some spending money. Barton: Good evening, Mr. President, Council Members. Thanks for the opportunity to speak with you tonight. We have two projects that we have savings on. There is -- currently there is three median meeting islands on Ten Mile Road. These are south of the freeway interchange between Overland and the freeway. They were installed without landscaping when the interchange at Ten Mile Road was complete. These Meridian City Council July 19, 2016 Page 16 of 23 islands are -- will always be the city's responsibility to landscape. They are not the detached areas between the curb and gutter and sidewalk. So, we have 108,000 dollars of savings from both the Meridian Road interchange landscaping and the Ustick Road interim improvements that we would like to transfer over to this project to complete the landscape installation of these three roadway islands. Just one thing to note as well. I mean we are -- the city has been paying our landscape contractor to maintain these island in regards to weed control and -- and they have told us that there wouldn't be an additional cost to maintain landscaping, because it's really just plant material and rock that's similar to the islands that are north of the interchange. So, with that I will stand for questions. Bird: Any questions for Mike? I have got one, Mike. It's 108,000? Is that what it's going to cost us to do those three? Barton: Mr. President, we haven't bid it yet. We are requesting to -- just the savings from the other projects to be transferred and spending authority will -- we have a set of plans that are bid ready, so, really, what we need to do is just let bids and -- and see where we end up. We have -- we have an opinion of cost that was right around 100,000 dollars, but those were old cost s and they were part of ITD's bid that was going to be a Davis Bacon wage type situation, so we expect it to be less. Bird: Okay. Council, what's your pleasure? Little Roberts: Mr. President? Bird: Mrs. Roberts. Little Roberts: I move we approve the transfer -- is that the appropriate term -- of funds, the savings from the other locations to potentially be used at this location. Ten Mile. Cavener: I will second that. Bird: Okay. You have heard the motion and second. Cavener: Mr. President, just a clarification for the motion maker. I assume that includes the spending authority for 108 -- up to 108,000 dollars? Little Roberts: Yes. Thank you. Cavener: Second agrees. Bird: You have heard the motion and a second. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council July 19, 2016 Page 17 of 23 MOTION CARRIED: ALL AYES. B. Parks and Recreation Department: Request for Spending Authority to Use Existing Funds to Relocate the Irrigation Well for Storey Park from 2nd Street into the Park Bird: You have 8-B, too. Barton: Thank you, Council. Mr. President and Council Members, we have another similar request. This one is at a different location. The improvements at Storey Park have been completed and those improvements were completed under budget by 130,000 dollars. We are pretty pleased about that. It was a good project. We have a -- an irrigation well that we are currently using to irrigate the park. This well was connected years and years ago. It was originally drilled downtown to help prevent infiltration into sewer lines and these wells are no longer needed, they are shallow irrigation wells that weren't installed according to the local -- or the updated standards now for point source protection and groundwater surface contaminants going into the groundwater. So, in addition to its age it was drilled in 1960. There was contamination issues with this well. We are requesting spending authority to take the savings from the Storey Park improvements and -- and get this well and move it into -- drill a new well into the park and, then, our Public Works Department -- they have committed to sealing this well as part of their program. I think they have sealed four or five of these old wells downtown and this is the last remaining one. It was kind of on the list to get rid of and we said, wait a second, we need -- we have been using it for park irrigation water, so this is just a -- a hurdle that we would like to complete and get over and have a proper well that's drilled to the current standards for groundwater protection in the park and eliminate all the infrastructure. There is pipes that go under 2nd Street and across Franklin and -- and so we appreciate your approval of this. Bird: Council, any questions for Mike? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Mike, is anyone besides the city utilizing the current well? Barton: Mr. President, Mr. Cavener, no. Cavener: Okay. Just one follow up then? My assumption is -- and the public won't be utilizing the new well either, it will just be used by the city for the -- irrigation only? Barton: Yes. Cavener: Okay. Thank you. Meridian City Council July 19, 2016 Page 18 of 23 Bird: Any other questions? Mike, I -- is this -- don't we have a well right there by Mo Brooks field? That little house and stuff, isn't that a well? Barton: Mr. President, that's the pressurized irrigation pump station. Bird: Okay. That -- yeah. Pump station. Barton: So, this well pumps into the vault behind it and, then, we pressurize it and onto the park. So, we would propose to move the well directly next to the house and it would just be a casing above ground. We have power there and all the infrastructure close by. Bird: Any other any questions? Hearing none, I would entertain a motion. Little Roberts: Mr. President? Bird: Mrs. Roberts. Little Roberts: Mr. President, I move that we approve the request for -- to transition the existing well into Storey Park, so close off the first well, with a savings of -- 130,000 of savings. Cavener: Second. Bird: You have heard a motion and second. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. C. City Clerk's Office: Dairy Days After Action Presentation and Discussion Bird: Thanks, Mike. Item C is the City Clerk Office. She's going to give us an update on the Dairy Days after presentation and discussion. Holman: All right. Council President Bird, Members of the Council, I have a memo in your packet that also summarizes all the information from our after action meeting that we had here on July 7th. But it didn't go into your packets until late, so you may not have had a chance to review it. So, I thought I would give you a quick summary. We decided -- actually, the Mayor asked us this year -- she thought it would be a good idea every year after this, since it's an historic event, it's listed out specifically in our ordinance as something that's exempted from needing to pay for a TUP or a citizen's Meridian City Council July 19, 2016 Page 19 of 23 use permit license and it seems to come up every year where we have to refresh our minds as far as kind of what it incorporated and how we do it, that we should do an after-action report that we have given to the dairy board and, then, we always bring it to the Council meeting, get it on the record, that kind of helps us refresh from year to year also. So, I'm just going to summarize really quickly what's in that memo. Nancy Radford and Stacy Arnold put a lot of it together, but we had a whole team that met afterwards. Council Member Bird was there. So, the Diary Days parade, the estimate was approximately 30,000 people. The estimated attendance for t he festival, including the art show, was Thursday about a thousand people, Friday it's about 2,500 people and Saturday about 4,500 people. So, we solicited some feedback from the Dairy Board president Hans Bruijn and he -- a few of the things he mentioned in it was they had great weather, high attendance, and they really like the carnival operator this year. Had really good performance from them. The Dairy Board did meet with United Heritage after -- and, Council Member Bird, feel free to add something if I'm missing something, but United Heritage requested a meeting with members of the Dairy Board after the event to discuss concerns about the speed of the parade. They went too -- I guess there was points in the parade where it went too fast and they had a bunch of leftover candy, because they couldn't -- it was going so fast they couldn't hand out all the candy and I know in prior years there has been issues with the parade getting stopped up, kind of going slow and, then, you have a big lag in the parade, then, people come and they try to cross the road in the middle of the parade, which is dangerous. So, I think there was some more attention paid this year trying to keep it -- keep it going, but, then, what would happen is if there was a lag -- I think it -- is it the Shriners that do the little cars? That would cause sometimes a lag and, then, the parade would hurry up and try to catch up and from what Keith said -- or Council Member Bird, sorry, some of the poor little kids walking were sprin ting and exhausted by the end of the parade. So, again, as with every year -- and I think every parade kind of is always a struggle to try to get it just right so that we will conveniently work on for next year. This event this year partnered with the Li on's rodeo and the Lion's rodeo said that Saturday was the biggest crowd that they have had. But Hillary Bodnar said the arts festival had high attendance on Saturday and they hoped to bring it back next year and I think expand it even more. In your mem o I included a breakdown of the cost. I don't believe -- unless Lieutenant Colaianni can correct me, that we have gotten a breakdown yet from Specialty Construction on -- okay. We have not received that yet, so we have an estimate there in that cost brea kdown for you. We had some recommendations for the 2017 parade. There is some public safety issues, so the event needs to have some more volunteers and I will let Lieutenant Colaianni talk to you about that. Talked about needing to have a barrier between spectators and the parade. Several options were discussed. And that volunteers should walk through the crowd handing out candy, instead of throwing it from the floats. We will have a pre- application meeting next year, which is usually held in about February where we will go over these after-action notes and continue to try to improve it moving forward. With that I will turn it over to Lieutenant Colaianni if he would like to make any comments. Colaianni: Thank you, Council President Bird. I don't have much more to add. I wasn't at the parade this year. I had it off, so -- but understand it was a big success. Meridian City Council July 19, 2016 Page 20 of 23 But I did want to pass on some information that was passed onto me by Sergeant Arnold, who couldn't be here tonight. We are going to have to take a look at the volunteers. We just simply felt there weren't quite enough where we were at comfortably with keeping some of the back side intersections sealed up while the parade and everybody came through and the spectators. But certainly something that's achievable. The biggest thing from what I understand we are seeing is there where the split corridor starts and splits out, we have people that will drift over to that island and that side of the street, including kids and as the parade and stuff come through and the candy is thrown, they come out into traffic and so we have to find a way -- and this is what we are going to work on during the off season, we are going to have to find a way to where we can block that somehow, whether it's snow fencing or barricades or something, and post it so we can keep everybody on the east side of the road at that area of the parade. In a perfect world we would hand the candy out, we wouldn't throw it out, because what ultimately happens is when we are thr owing candy, depending on your upper body strength, it may carry clear over the crowd or it may drop right in front of the truck and kids and everybody run right up to the truck to get the candy, because it's a big deal and it's a great event and we certai nly don't want to see anybody get hurt. We want to diminish that greatly. And so we are going to have to come up with a balance. I know that there is cost and I know that this is an historical event and certainly we are not going to burden it to the point where there is so much money involved on our end or their end that we take this great thing away from the city, but we are going to have to make some tweaks and changes going into next year to take a look at safety on the route, maybe handing out candy, maybe doing some additional barricades at that split corridor to prevent something from happening. So, that's really all I wanted to say. I will stand for any questions from the police perspective. Bird: Council, any questions? Cavener: Mr. President? Bird: Yes, Mr. Cavener. Cavener: Scott, in here one of the suggestions was for the Parks Department to be more included with the overall planning of the event. Just from your perspective should police be involved in that as well? Colaianni: We are from the -- Mr. President and Mr. Cavener, we are -- they are involved in the process. We are in it very early on. There is a great amount of planning that goes in. I know that we will start in February again, but we are part of that process and go to their meetings. Quite honestly, as this new route is developed with the split corridor it's still a work in progress. We have only had a couple of parades there and this one -- this one is getting big. I will be honest with you, those are big numbers and it's getting to be bigger and bigger and so as things grow it takes more resources. I just came from a four hour meeting learning that and so as events Meridian City Council July 19, 2016 Page 21 of 23 get bigger it takes more resources. So, we are going to take a look at it, but we are involved. Thank you. Cavener: Great. Colaianni: Any other questions? Milam: Mr. President? Bird: Madam. Milam: Scott, I just wanted to I guess reiterate part of what you just said from my own perspective. As we were driving on the -- on the float that was the main thing that I came back with. I'm like we got to do something about that. Colaianni: Uh-huh. Milam: Because there were -- yeah, there were kids all on the side just running -- trying to run into the road and get candy. Cars were driving by still at a fast speed and it was really scary to watch. So, something definitely needs to be done about the intersection, maybe blocked off sooner I think. Holman: Well, one of the issues that was brought up at the meeting from a police perspective -- and since Lieutenant Colaianni wasn't there, is I know Sergeant Arnold said they would walk down the row pushing people back and as soon as they get to the other end they have already pushed back out again, so they had to go ba ck and do the same thing, because people will keep moving back out and so I think that's why it was discussed more volunteers and there is some numbers in that memo there, but they -- they think more volunteers will help with some crowd control to keep peo ple safe. Colaianni: I will say this, the first parade I went to was in 1997 and it's much bigger now. So, there is more that goes on. Bird: Okay. Colaianni: Thank you. Bird: Let me clarify one thing. I was -- I was there as a representative of the Meridian Dairy Board, not for the city, and looking at the Meridian Dairy Show Board from their perspective -- my perspective from their view, they -- we have almost -- we have almost been so successful that we -- that we got ourselves in some problems, but I think it went very good. We had large crowds. The dairy show board spends quite a bit of money to put on the show. We had the fireworks on Friday night, which -- and, then, we had a band and we -- Hillary and Ellen DeAngelis within three months put on an art show that's -- I'm sure it's just going to get larger and larger and larger. So, the Meridian City Council July 19, 2016 Page 22 of 23 meeting, Jaycee, was very, very good. I think all of us come away with some ideas and Sergeant Arnold had some great ideas. Having watched this parade since the mid '60s and being -- being a participant in it since the mid '90s, I -- I have just seen it grow and grow and grow and I -- I don't want to lose it, but I want people to be safe and I think -- I think we can, but it's -- it's like every other community, the larger you get the less volunteerism you have. You know, in the '70s or something it -- you had -- you had Kiwanis or Lions or somebody down -- volunteers out there. The parade wasn't -- you didn't need them, but you had them. Now when we need them we don't have that. So, hopefully we can -- we can get back to that, but as a dairy show board member I -- I just want to thank the Police Department, the city clerks. Nancy has been so fantastic with making sure that everything is in line. The Police Department has always been first class. The Fire Department has always been right there. So, we just -- as a citizen I appreciate what you do for that parade, because that is probably the state's biggest parade. Colaianni: It's big now. We will strike a balance. Holman: And the Parks Department spends a lot of time picking up some trash, too. They put in a lot of hours. Colaianni: Thank you. Holman: Thanks. Item 10: Future Meeting Topics Bird: Okay. Moving on. Anything for future topics? Item 11: Amended onto the Agenda: Executive Session per Idaho State Code 74-206 (1)(f) – To Consider and Advise Its Legal Representatives in Pending Litigation Bird: If not, I would entertain a motion on the Executive Session. Borton: Mr. President? Bird: Mr. Borton. Borton: Move that we go into Executive Session pursuant to Idaho State Code 74 - 206(1)(f). Cavener: Second. Bird: Hearing the motion and second, Madam Clerk. Meridian City Council July 19, 2016 Page 23 of 23 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:54 p.m. to 7:16 p.m.) Bird: Council, I would entertain a motion to come out of Executive Session. Milam: So moved. Cavener: Second. Bird: All in favor? MOTION CARRIED: ALL AYES. Bird: Now I would entertain a motion to adjourn. Palmer: Mr. President, I move we adjourn. Bird: Thank you. Milam: Second. Bird: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:17 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) AT EST, Cily of w JA CEE OLMAN, CITY CLERK N' �o�Ho s� SEAL Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Budget Workshop Approve Minutes of June 7, 2016 City Council Budget Workshop Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BUDGET WORKSHOP AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 7, 2016 at 1:00 PM 1. Roll -Call Attendance _ Anne Little Roberts Arrived at 1:35 PM X Joe Borton Ty Palmer X Keith Bird Genesis Milam X Luke Cavener ® Mayor Tammy de Weerd® 2. Adoption of the Agenda Adopted 3. City of Meridian FY2017 Budget Presentation Workshop Recessed from 3:00 i Adjourned • Meridian City Council Meeting Agenda Tuesday, June 7, 2016 — Page 1 of 1 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 - Budget Workshop June 7, 2016 A Budget Workshop meeting of the Meridian City Council was called to order at 1:00 p.m., Tuesday, June 7, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener, Joe Borton and Anne Little Roberts Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start our special meeting. For the record it is a budget workshop. It's Tuesday, June 7th. It's 1:00 o'clock. Can you hear us? Well, regardless. It is Tuesday. It is the 7th of June and it is a few minutes after 1:00. We will start with roll call attendance and I -- I will do it if you would like me to, Madam Clerk. Item 2: Adoption of the Agenda De Weerd: Item 2 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the agenda as published. Borton: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: City of Meridian FY2017 Budget Presentation Workshop De Weerd: Item 3 is our budget presentation workshop. So, we will start with Todd giving an overview of the materials that you have in front of you and, then, will kick us off with our budget presentation. Meridian City Council Budget Workshop June 7, 2016 Page 2 of 72 Lavoie: Thank you, Madam Mayor, Members of the Council. First off we want to thank you for attending today's meeting. Again, you know you have busy work schedules and, again, we appreciate your time here. The first thing we want to bring to your attention is -- everybody receive the itinerary for today and tomorrow that's been presented to you? You have also been presented with some amended documents that we would like for you to acknowledge and put into your budget workbook. I'm going to hand this off to Jenny, she's going to -- she's going to hold your hand and tell you where the documents go and, then, after that we will jump into the first presentation of the day. Fields: Okay. Mayor and Members of the Council, we have in front of you what's changed since I delivered the budget binder book. First item is the General Fund budget summary sheet that you will find in your tab under summary tab and the old one you can rip and replace or write old over it. The new is right in front of you called FY-17 General Fund Budget Request Summary. Borton: Madam Mayor? De Weerd: Mr. Borton: Borton: Real quick, what changed on it? I have marked up the old one. Fields: Yeah. So, what's changed is City Hall -- the replacement -- part of the replacement, 12,486 dollars has been removed from their building maintenance replacement request. The other item is under Other Government and this -- the removal of 44,930 -- 4,934 dollars under old city hall building replacement, that has been removed. Also under Council's budget, the iPad replacement of 800 dollars has been removed. That's what changed in the summary sheet. Borton: Thank you. Fields: You're welcome. The next item is the unfunded enhancements and replacements. That you will find under your supporting document tab, as well as the new replacement sheet that's also under supporting document tab. De Weerd: This is just to reemphasize that we need a different sound system in Council Chambers. So, just make sure -- so, by doing that you need to make sure that you have the microphone right in front of you. Right? Fields: Do you guys have any more questions? Okay. Lavoie: All right. So, thank you, Jenny. So, those are the changes that we have established since May 31st when we delivered the book to you. What we will do is we will go ahead and start off with the first presentation of the day on the agenda and what I will do is I will present to you what our goal is for the next two days. Again, our goal is to make the next two days informative and productive Meridian City Council Budget Workshop June 7, 2016 Page 3 of 72 for the Council. Again, our agenda for -- my agenda for my presentation is we are going to present the fiscal year 2017 budget process overview. We are going to discuss how we got here today and what will be presented to you over the next two days. We will discuss what is needed as a Council between today and July 20th. We will provide an overview of the fiscal year 2017 Mayor's budget proposal, which has been presented to you in the budget book and, then, finally, we will present to you some property tax considerations that we presented during our budget roadshow in April. So, fiscal year 2017 budget process overview. How did we get here today? In February the Finance Department delivered the first budget draft to all the departments for the base budget discussions. Then during March, if you remember, the Mayor, the departments, the Finance Department, and Council, we all met in the Mayor's conference room all throughout March and discussed the base budget detail reports in detail for every line item for each department. As we discussed those base budget line items, we determined what was established for the departments for the current level of service and the cost for those current levels of service. When we left those meetings as a group we decided that those departments budgets were sound and fundable at that moment in time. In April we presented to you what we called the budget roadshow. We discussed the compensation for the city. We discussed the benefits of the city, what we are facing and we also discussed the property tax calculations and the three percent allowable calculation discussion as well. So, this here is a -- just a snapshot of all the items that we have accomplished. Again, I don't expect you to see this, but I just want to show you, the staff, the Council, the Mayor, everybody's put in a lot of time to get to where we are. Again, this just shows you all the accomplishments that we as a city have established to get to where we are today. So, I wanted to take the time here to say thank you to the Mayor, to the departments, department directors and staff, and thank the Council members. Thank Jenny and the rest of the Finance team for all the time, the effort, the help and the work that we have put in to getting to where we are today. It's definitely a team effort. It takes everybody to get this budget where it's at and we are proud to say we have a balanced budget presented to you, Council, as of today. So, now that we know how we got here, let's see what will be presented to you over the next two days. The departments will be presenting what they have accomplished with their budget dollars provided to them this fiscal year, a term that we are calling budget dollars at work. The departments will also acknowledge their accomplishments achieved over the past few years. You will also hear from the departments discussing their perspective on the enhancements that have been presented to you in the budget book as is and, then, the departments will also give you a sneak peek on what we are calling the road ahead. The expenses that we are going to be presenting to you for the next few years. Over the next two days you will see that the General Fund and Enterprise Fund. We will present 77 enhancements to you. Again, all those enhancements are provided to you in a book. You will also hear a term called funded and unfunded. Right now the budget as presented to you has all funded enhancements and so a balanced budget, but there is also a list of enhancements that we are calling unfunded. Jenny mentioned that report to you Meridian City Council Budget Workshop June 7, 2016 Page 4 of 72 a little bit earlier. You did a supplement on that. It's the unfunded list. Right now it's about two million dollars and we will discuss that a little bit more in detail. What we will not discuss in detail will be the base budgets, the line items. We discussed those during March in all of our meetings. So, again, we will most likely be skipping those items unless you have an item of concern, we will discuss it, but for the most part we will not discuss individual line items in detail during the next two days. So, again, the unfunded list. This is what -- this was provided to you by Jenny a few minutes ago. This represents the items that were presented to the Mayor for her consideration for her budget, but did not make it into the final budget due to funding again. So, these items are still outstanding, looking for funding. If we don't fund them this year, then, most likely they will be presented to you in following years for consideration. So, as you can see there is about two million dollars outstanding in what we call the unfunded list. So, as we continue the budget process overview, we need to let you know what we expect from you between today and July 20th. We as the staff members are here to answer any questions. We are here to clarify any inquiries that you have and we are asking you to work amongst us and yourselves to get those answers, to get those clarifications between now and July 20th. On July 20th we will have our third workshop and at that workshop we want to leave that workshop with a balanced fiscal year '17 -- 2017 budget. So, again, we have 40 some odd days between now and then to engage us, to work with us and to make sure that we get all the answers that you need, so that you're comfortable with the 2017 budget at the end of July 20th. So, that was the process that we got to today. These are the big -- this is here -- this here is the budget proposal that you have been presented in book form on May 31st. As you requested we presented and developed a balanced budget with the zero percent allowable tax. Also, as you recommended, we presented this budget with a three percent merit market for wages. So, right now for the total city we are looking at a 91.6 million dollar budget. Right now that's up 16.7 percent year over year as of today. Our total base budget is at 54 million dollars. That's up 7.3 percent year over year as of today. Now, the base budget is a number that we really want to -- we focus on in Finance, because that's your current level of service cost. When we made the marks we determined what the cost was for current level of service and we went through all the line items. This year determined the current level of cost for the city is 54 million dollars right now. We really want to focus -- we focus on that, because that's our ongoing needs for the city. So, with that we have ongoing needs from a revenue standpoint. So, with this increase we will need to increase our revenue streams in other avenues. So, property tax, three percent allowable, we need to take into consideration if we continue to increase the base budget for the current level of service. So, this year breaks down the 91 million into our two major funding groups, General Fund and Enterprise Fund. Again, the numbers are represented there. Again, we are -- Finance we focus on the base budget, because that's our ongoing base needs. Next year it will most likely be that number or a little bit higher. So, with that we will most li kely need a little bit more revenue tax. So, again, we just want to make sure that we understand if this goes up we have to look at revenue sources as well. So, property tax Meridian City Council Budget Workshop June 7, 2016 Page 5 of 72 considerations. We presented these next few slides to you in April during our roadshow, so this is kind of a recap of what we presented to you. So, again, property tax considerations. We just want to bring it back to you, so we can show you why we believe we need to exercise the need for a three percent property tax. Compensation. We need to be able to fund a competitive compensation plan for the city staff members. We need to provide our employees with a viable benefit plan while maintaining -- while managing the rising cost of healthcare with the changing laws that affordable c are -- Affordable Care Act. Our capital improvement plan . Again, you saw the unfunded report. That's just a small piece of -- of the CIP, but the CIP currently is not fiscally constrained on a five year or ten year level. Later on I will kind of show you some of the items on the 2018 list that explains why we are looking at consideration for the three percent allowable. So, stayi ng at the current level of service. Again, as inflations go up, cost of doing business goes up, utilities go up, we need to be able to make sure we can replace the assets that prior Council have approved, that we need to replace them and maintain them. A nd, then, we need to make sure that we can also maintain the current level of service that we have established as of today. So, the city is growing. I'm not telling you anything new here. What we have here is a graph of populati on versus city staff. Please look at 2006, it says 66,000 was our population. Today we are about 95. It's crazy to think, but it's almost 30,000 people that we have added to the city or also known as a 43 percent increase. So, as we continue to grow our city and our community, Public Works Department, Parks Department, public safety, city admin, all these departments are going to be stretched to maintain their current level of service as -- if we continue to grow at this pace. So, again, not to tell you anything new, but, again, the city is growing and as the city grows, unfortunately, costs kind of grows as well to maintain that level of service. So, again, these numbers and stats are provided to you on a monthly basis from the Community Development Division. Again, nothing new here. You know, we are growing. We are booming. We are still seeing a steady pace of permits being pulled and according to the analysts right now we are looking at about another 24 months of this decent pace. So, again, we are going to be pushed to continue to deliver this level of service as it is -- as it is today. So, as we continue to grow, you know, we are going to have to look at our revenue sources and, you know, change them accordingly. So, other property tax considerations. You know, as I presented in April we have the intergovernmental cost burden potentially. The courthouse decision ruling. You know, what's that going to do to us? What's that going to -- how does that impact our property taxes. Don't know until we get the ruling and the decision. Road cost share programs. Both Ada County and ITD, as they continue to develop their roads are looking for road cost share from the city, so we are going to have to fund those up front rather than in arrears. We have federal and state mandates, property value assignments. As the state continues to change the way they value rural versus urban and, then, property tax exemptions. Those all impact the revenue sources that we gain -- or we gather from the property tax values. If we wish to f und reserve funds, the public safety funds, the capital improvement fund, the replacement fund, again, these Meridian City Council Budget Workshop June 7, 2016 Page 6 of 72 are all impacts to why we need to consider taking the three percent if we wish to fund these reserves. So, all these items have an impact on how we spend our property tax dollars going forward. With proper planning and management of the property tax dollars we will succeed in meeting the city's strategic goal of being the west's premier city -- community to live, work, and raise a family. So, all these items are taken into consideration when we are developing these annual budgets. So, you have heard me talk about why we need to take three percent. This should look familiar to you. This is a -- this was presented in April, so as a disclaimer, as I stated in April, these numbers are estimates and they are subject to change and they are no guarantee on the amount of property taxes one would pay. So, if you remember, there are four components to the property tax calculation. The base property taxes, three percent or the allowable increase, the new construction, and annexation. The base property tax is a fixed number that we determine -- that is determined by Ada County from the prior year, so we don't change that. New construction, annexation, again is provided to us by Ada County. The allowable is the item that we get to adjust accordingly. As we presented in April, if we were to maximize the three percent it would increase our revenue source by 781,000 dollars. Now, we took this down to a what will Joe pay -- for Councilman Palmer. So, for every one hundred thousand dollars of value we estimate about $9.78 annually that person or Joe would pay in increased property taxes if we took the three percent allowable. Maybe a different way of looking at it, it would be two coffees at Dutch Bros. on an annual basis to contain and maintain the current level of service that we are providing to the citizens today. So, we also presented to you in April the impact for not taking the three percent property tax consideration. Again, as the base property taxes are calculated those were provided to us by Ada County and we do not adjust those -- or we do not have the ability to adjust the base. That is provided to us by the county. So, if we do not include -- if we do not increase the allowable, the base will stay at that number with the addition of the annexation and the new construction. So, if we forego the 781,000 in 2017 you would not have the 781 in '18, '19 and '20 and so forth. So, as quick math for five years, if we did not take the 781 that would equate to 3.9 million dollars not able to fund future projects and future levels of service. So, as I mentioned, I would up some 2018 items for funding needs for general property tax. As you can see, thes e items did not make the '17, they will be '18 or '19. Home court funding. We are going to need additional 200,000 for us to run the home court building. Police staffing. We are going to need in excess of 600,000 to maintain the current level of service. Station number six is coming on board in 2018 as planned and we are going to need the 1.3 million for staffing alone just for that. We have some communication fiber network improvements to connect to Ada County, 330 for that. We have a network update and some computer storage replacements, totaling a little over 500 grand for those two. And just like this year's asset replacement, a little over a million dollars next year as well for that. So, if you quickly flip that, it's almost four million dollars alone just in '18 of General Fund property tax needs. So, again, another -- another reason why we are promoting considering the three percent allowable to help us with '18, '19 and '20. So, with Meridian City Council Budget Workshop June 7, 2016 Page 7 of 72 that -- as you can see the city has grown. With growth comes cost of doing business. We believe over the next two days you will hear from all the departments that the city development and population growth is creating higher demands. We are up for the challenge with the proper tools to create the west's premier city. So, with that I stand for -- I guess sit for any questions before we move onto the Enterprise Fund and the next part of the presentation schedule. De Weerd: Thank you, Todd. Council, any questions at this point? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, question for either you or Todd. If you could maybe provide us a little bit of background on the decision making process for the unfunded enhancements versus the funded enhancements, what that process looks like? De Weerd: Yes. I will go through our process. We sit down after we know what our base budget amounts are and our projected revenues and look at -- I first go through and look at -- we had over 90 enhancement requests at that time and I talked with each of the departments and get additional information on it. I believe that each department also talks with their Council liaisons about what those enhancements might be and, then, I put those in a priority. We bring it to the directors meeting and each department presents their enhancement request and we prioritize it and look at how it fell in my initial review and I think that I had a little bit of a gap that we were able to, then, use the director's feedback to prioritize in a couple of different enhancements and, then, I go over it with Todd one more time and Jenny and that proposal is in front of you. But we -- we told you that as you requested you wanted a balanced budget without the three percent and that's why you have unfunded enhancement s. Those will be yours to -- you can look at those and say, well, I think this is a higher priority than something that's in the proposed budget or you can also look at incrementally we can tell you what you can add based on one, two or three percent. Cavener: Madam Mayor, additional question if I can. Todd, where we have a new council member here and I think for me it's always a good refresher -- what are you looking for from us coming out of these first two days? Lavoie: Madam Mayor, Councilman Cavener, what we are looking for is -- we as a department want to provide you with the information that you need so that on July 20th you guys were comfortable with accepting and adopting and approving the fiscal year 2017 budget. At the end of the day the ultimate authority and responsibility falls on the Council from the budget perspective. So, we want to make sure you guys are comfortable and knowledgeable of the information that has been proposed to you. For the next two days we are going to present to you Meridian City Council Budget Workshop June 7, 2016 Page 8 of 72 a lot of information, both visually and on paper. We would like you to engage us for the next -- between now and July 20th -- even during these two meetings you can engage us, ask us questions, request clarifications. We have up until July 20th to get you those answers, so if we can't get you the answers today or tomorrow, we will get you those answers between now and July 20th. So, engage us, request clarification, request information, we can work with you, work amongst yourselves. That's what we are looking for you -- from you is input, feedback and a dialogue so we can make sure that everybody is comfortable by the end of July 20th with the budget that we propose to the citizens. Cavener: Thank you. De Weerd: And, Councilman Cavener, I think that it's also important to note there will be some areas that numbers don't need to be firmed up and that's going to be in the recommendation for the market slash merit increase. We have based it on what the current numbers are. We still have some a dditional numbers that come in June that we will be able to measure, too. So, this is our -- our best estimate at this time. There is still a few moving parts that could possibly change that we will bring back in July and give you an update on that. But it gives you an opportunity to really digest it, ask some additional questions. We will also be in the subsequent weeks bringing additional information like our prosecution contract, they will be coming and talking about that and so it just gives you information so you can start looking at it and absorbing. Cavener: Thank you. De Weerd: It's a lot of information. And as you can see we have been working on it since February. We want you to have that same amount of time to digest it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a comment to Finance and all the directors. One of the things that was done, among others, really, really well this year was we don't have a lot of last-minute changes and that's not easy to do I'm sure. But when we got the book and we all spent time going through it, it was much easier to be prepared for today without a whole bunch of additions and I know there may be things that people want to add late, but that has been a challenge in yea rs prior, so however that was fixed is fantastic and it makes it a lot easier to get through this today. De Weerd: Mr. Borton, I appreciate that and I think it's also important and one thing I didn't note in that vetting process from when initially the enhancements were put in, is they are vetted to the strategic plan that the Council adopted and we look at that in terms of making sure we continue down the path that -- of the direction that collectively has been decided that we were going -- moving towards Meridian City Council Budget Workshop June 7, 2016 Page 9 of 72 or maintaining in many cases and so I think that's also helped Mr. Borton in making sure that we are solid in -- our crystal ball was dusted off and polished up and you have our best guess at this time. Okay. Anything further? If not, we will roll right into our next item. Enterprise Fund. You're on your own, Tom. You saw everyone hoping up and saying yep. I hear that there is a request for theatrics next year and we can -- we can do that, Mr. Borton. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, someone -- a friend of mine that's watching online, he suggests that we wear funny hats, because he's bored, so maybe we could look into that for -- De Weerd: I don't even know how to respond to that. I've had a couple of things come to mind and I thought, no, that's not appropriate. Mr. Barry, the show is yours. Barry: Thank you, Madam Mayor, Members of the Council, it's my pleasure to present to you the fiscal year 2017 Public Works Department Budget. We have a lot to share with you in the next two and a half hours and we hope that the presentation that we have for you is both educational, informative, and provides some context in regards to the request that we were making. We will just go ahead and jump right into it. I would say that two and a half hours is a long period of time. If you folks need to come up for air somewhere in the presentation or take a bio break or any of those types of things, just let us know and we will be happy to stop and you can use our services right here that we provide for you at City Hall. So, good opportunity to kind of get the touch point that we're looking for here. All right. So, we will go ahead and start right off. I want to provide you a brief department overview as we move forward, put some context together in regards to what we do in Public Works. We have requested this year the largest budget that the Department of Public Works in the city's history has ever put forward. We are not necessarily proud of that, but I think as we go through the presentation you will begin to understand why that is. Now, this is something that has been forecasted for a number of years and this trend is likely to continue for the next year or two, after which we become a less expensive operation going forward and a lot of that will be shared with you as we go throughout the presentation. A couple of interesting perspectives to keep in mind here. There is 99 employees operating in the Public Works Department, together with a combined level of service or experience of 600 years in the department, so with all of our staff together we have 600 years of service that's being provided to the city so far. We have a 94 percent retention rate and a four percent vacancy rate currently the department, among the lowest that we have had since I've been with the city. We have about seven major divisions. I won't go through each of those. Infrastructure wise we have over 500 miles of water Meridian City Council Budget Workshop June 7, 2016 Page 10 of 72 lines, about 440 miles of sewer lines, six miles of recycled water lines and/or 5,000 street lights that we own and operate. So, customers served we have close to 31,500 water accounts, a little bit less for sewer, and currently we have 73 active projects that we are moving in the -- in the department forward. We will talk a little bit about department highlights. Go ahead and jump into this. We continue to be an award-winning department. We have won several awards this year and wanted to recognize the staff who have contributed also to -- to that piece, as well as some employee recognition component. So, we did win an exceptional performance award in adversity from the American Public Works Association, Rocky Mountain Chapter, for our work on abating the Meridian Heights Water and Sewer District's public health emergency. This was not anything that we caused, it's something that we stepped in and helped to alleviate. We also won an award in the technical and management innovation area for our work in developing and leading the leadership development progr am in the department. As a matter of fact, this got great Kudos at the Rocky Mountain Chapter for being one of the most forward reaching, forward thinking programs that public works departments have been developed -- or has been developed for public works departments and that's according to the American Public Works Association president himself. So, we appreciate that recognition. Some employees that we want to highlight really quickly. Sean Grover -- De Weerd: So, Tom? Barry: Yes, ma'am. De Weerd: Every once in a while you need to take a breath in case there is a question. But I know you're on a timeline and you have to -- Barry: You gave us two and a half hours. De Weerd: -- talk as fast as possible. I thought your exceptional performance in adversity was how you dealt with NPDES permit and the EPA, so -- Barry: We should get one of those as well. De Weerd: We will give that to you ourselves. Barry: Thank you. We will take it. Under employee recognition, I wanted to recognize a couple of the staff. We do try to get these out to you so that you know kind of who the movers and shakers are in our organization. We thought now was a nice time to do that as well. So, Sean Grover, received the Southwestern Idaho Operations Section, a Collections Operator of the Year Award. The Lab Operator of the Year award for the same organization was received by Travis Kissire. Travis went on to compete at the state level and also won the Laboratory Analyst of the Year for the state of Idaho. So, we have some pretty high caliber folks working for us in our department. We are very pleased Meridian City Council Budget Workshop June 7, 2016 Page 11 of 72 with their accomplishments. I also wanted to let you know that Brad Stanley and Murray Jones have just been recently certified as public works inspectors under the American Public Works Association. They are two of three statewide certified -- or obtaining the certification. While I think they also -- was a graduate of the Water Environment Federation Water Leadership In stitute -- Leadership Institute. This year we had 12 graduates from our award-winning leadership development program and we had five wastewater staff that also upgraded their licenses above what was required for their position. So, lots to celebrate in the department with regard to awards. I want to touch base on some of the highlights in the department. We have presented to you in this fashion for a number of years. This is the modified balanced scorecard. What this allows us to do is to communicate a lot of information in really five simple categories. The financial, customer, operations, employee and strategy sections. So, we kind of combined our highlights into each of those. There is a lot of information in the next one or two -- actually, two to three slides here. I don't know that I'm going to read it all, but I have memorialized it in the presentation, which you have access to, and I encourage you to go through that. Maybe a couple of highlights that we can touch on here under the financial. We have expanded our rate model from a five year projection to a ten year projection. That's giving us a farther reach into understanding what the future challenges are and how we might need to make adjustments today to mitigate or minimize those -- those potential challenges. We did leave the city's McGladrey Audit Action Plan with both the development and implementation of the improvements that came from the audit. We did modify the equivalent residential unit calculations for the multi-family sector of the department and we implemented and updated water and sewer assessment fees just recently as well that went into effect in June I believe. In operations we have completed about 90 percent of the design for the plant capacity expansion project. This is a tremendous project. You will hear a little bit more about that as we present to you today, but, essentially, we will be adding another five million gallons of treatment capacity to the wastewater treatment plant here in the not- too-distant future. We also completed the construction of the Wastewater Resource Recovery Facility maintenance shop. We've been involved, as you recognized, Mayor, and I appreciate it, in tremendous work regarding the update of our National Pollutant Discharge Elimination System permit, administered under the EPA. Potentially soon to be administered under the state of Idaho if primacy moves forward. We have made some improvements in SCADA, both in operations, water sampling. We are a hundred percent compliant. We also finished the -- and implemented the engineering project management database program, which allows us to be a little bit more efficient in moving forward projects -- engineering projects for the department. Strategically we have been involved in a number of different strategies -- activities. We helped lead the city's strategic plan development. We have updated our departments 2010, 2015 strategic plan. We are also putting the finishing touches on our Public Works tactical plan for 2016 to 2021, which closely aligns and is supported fully -- or it supports, rather, I should say, the citywide strategic plan and we've also developed infrastructure plans for the South Meridian annexation, which we Meridian City Council Budget Workshop June 7, 2016 Page 12 of 72 talked with you about over the last six to 12 months as well. From a customer standpoint we have been continuing with improving water quality for drinking water by putting in water treatment facilities around the city. We continue to maintain over 231,000 square feet of building space with our building maintenance staff. We have also coordinated the expansion of services in south Meridian based on the strategy that we developed and that's having a big impact in the southern area of our town growing. From an employee standpoint we have developed and instituted formal on boarding and recognition of reward programs. We have updated SOP and checklists. We have a lot more work to do there, but we certainly made good progress. We have enhanced employee training, access and incentives for training and we have continued to focus on empowering our staff at all levels in regard to decision making, being good stewards and so on. That's helped I think, along with a number of other ac tivities to elevate morale and improve employee engagement in our department. You might recall back to the city service -- or the city survey, our department had the highest engagement levels on that survey of any department in the city, which we are pretty proud of. Okay. So, here is the budget dollars at work. This is where it gets a little unwieldy. We tried to condense and compress this information down to get through it rather quickly. You might recall being about half of the enhancements -- our department being about half of the enhancements for the entire city and being asked to look at last year's or this current fiscal year's enhancements and also next year's fiscal enhancements, we have about 80 of these things to get through. So, we will try to do it efficiently here. But to give you an update overall on what we are currently working on -- we have 34 enhancements that we asked for in this fiscal year. Twenty-five of them are in progress, about six of them are completed, and three have not been started. So, from a capital standpoint -- I'll get into the specifics here fairly shortly. We are actually making quite a bit of progress in regards to what you authorized us to work on from a capital construction standpoint. In operations and personnel we are a little bit over halfway of the fiscal year and you see, likewise, we are a little over halfway in regards to our expanding the personnel, operations, and maintenance budget for the department as well. Right now we are running about a 90 percent execution rate. Keeping in mind that most of our work really occurs in the summertime period. So, they is still a little bit more -- we tend to have a little bit more higher expenses in the summertime period than we do over the wintertime period. These are the existing fiscal year '16 enhancements. Just on the list here, to give you an idea -- I'm not going to go through every single one and explain them. I just wanted to give you an idea, sort of. These are the water enhancements that we are currently in progress on. You can see we are making good progress, you know, between 60 and 75, 80 percent of these projects are -- on the list are pretty well done, including replacements, new lines, wells, SCADA, a number of different projects. If we move forward and look at the in-progress projects from a capital standpoint for wastewater, we -- we are making, again, good progress. A couple projects, you know, we have a certain amount of staff and we have to take the higher priority projects or those that are most opportunistic or require some sort of logistical sequencing first, so you will see Meridian City Council Budget Workshop June 7, 2016 Page 13 of 72 some projects are a little bit more -- or a little bit more closer to completion than others. This is a continuation of that list. What you will notice immediately is that, you know, there is more wastewater capital projects than there are water capital projects and that was intended and you will see that again in today's requests moving forward in our budget. These are the projects that we have completed so far and we can put it behind us and this list is growing almost weekly as we move those projects that are in process to completion and , as you know, we give you a status update report every year, that the engineers come and talk with you about how they have performed and what projects have been closed out. We call it a project close-out report. So, you will expect to get additional information on this year's fiscal enhancement -- or fiscal year's enhancements at that time. There is three projects that I mentioned that we did not complete and did not start and are not intending to start. Two of those projects were moved into existing projects. Seems to be -- seems to make more sense for us to not isolate the specific projects, particularly the phosphorus removal optimization project, and the BNR or biological nutrient removal carbon distribution projects, those projects were, essentially, rolled into the capacity expansion project and upgrades at the wastewater treatment facility. The surface water sampling station was the last remaining of those three that has not been started and we feel strongly that we do not want to invest in the sampling station improvements until we know exactly what the -- the new wastewater discharge permit is going to look like. We're not certain if we have to do continuous sampling, if it needs to be -- if it can be automated, if it's grab sampling, composites, whatever it is, we just want to make sure that we don't spend any money putting a sampling station in until we know exactly what's required. So, that project has intentionally been held off and it looks like , quite frankly, we probably won't even begin that project in this fiscal year, we will probably be carrying that money forward and you'll probably hear more about that as we get through this fiscal year. All right. So, that deals predominately with the enhancements that we had for fiscal year '16. I will pause for just a moment, ask if you have any questions in regard to any of those projects or if you would like to continue forward on our budget development approach and our fiscal year '17 projects. All right. Thank you. So, sometimes -- this is kind of a nice graphic we thought about in the department. You know, sometimes it's not easy putting budgets together. There is a lot that goes into them, but at the e nd of the day they're beautiful things, because they allow us clarity in what it is we need to do and sort of , essentially, put together contracts for us in regards to making commitments to you in regard to what it is that we suggest that needs to be done and, more importantly, what really needs to be done from a community service level standpoint. So, I wanted to share with you kind of how we put the budget together in Public Works. It's not unlike the rest of the city. We have a lot of people involved and I want to thank all the folks who are on this list and there are many, many who are in the audience today and back at their desks in Public Works who had some sort of insights or influence in our budget and I want to thank them all. We have a tremendous staff in the department and they do a really good job. Take this line of work and all of their work very, very seriously. Meridian City Council Budget Workshop June 7, 2016 Page 14 of 72 So, we appreciate their contribution. Really, some of the folks that probably deserve a lot of recognition -- not just the executive team and the Mayor, but the Finance team has done an outstanding job this year, have been working very collaboratively with us. I appreciate Todd's leadership and also the support of his staff and I also want to thank Alex Freitag and also Susie Deardorff for their significant contributions in helping put this presentation together and running a lot of the data behind it. Okay. So, there are some differences between the General Fund and Enterprise Fund. Sometimes we forget that and other times maybe it's not quite so obvious. So, I thought I would refresh this slide and give you some perspective in regard to the differences and similarities between the General Fund and the Enterprise Fund. The Enterprise Fund is a monopolistic business. It is sanctioned and governed, but it is a monopolistic business and we run it as a business. The General Fund is also run much like a business, but it is -- instead of getting its revenue from sales of service, it gets its revenues, as you know, for property taxes, sales taxes and other sources. The revenues that we predominately get in the Enterprise Fund come from sale of service. Water and sewer sales and service. We also get significant revenues in the form of user fees. These are connection fees when a developer connects to our system they owe us a connection charge. We get reimbursement and we also get money from the garbage administration fee Revenue , so our utility billing folks bill the Republic Services trash in our bill and we get revenue from that . So, we -- sometimes it will be a donated capital and, then, also interest earnings, which have been modest or you could say a pittance recently, are also where we can get revenue from. So, where does this -- where does this money go? It has to be exclusively used in Enterprise Fund activities, programs, project, services, plans, all of those sorts of things. So, we are not allowed to commingle the funds. So, that's where we keep the funds in the Enterprise Fund and so this allows us some purity regard to being able to model and project impacts associated through our organization going forward and we have been very successful doing that and I think, as you either may realize or soon to realize hopefully in this presentation. There is a lot of things that influence the development of our budget and we have kind of listed a few up here. Obviously, growth has a huge impact on our budget. Regulations drive our budget and what we have to do. The master plans, the Public Works strategic plan, our facility plan -- the list goes on and on. We have a number of inputs that we incorporate into the development of our budget and so we balance these inputs and prioritize them. I want to share with you here is how we prioritize and here is sort of what we look at when we put our budget together. First of all, we want to make sure that we meet all current regulatory and safety requirements. We don't want anyone going to jail and we don't want anyone getting hurt as they run our operation, so that's very important to us. We want to make sure that we preserve our product and service quality area and delivery -- delivery methods and levels. We want to also make sure that infrastructure is adequately protected and maintained. What we put in the ground we've already made the investment , we need to make sure that we continue to keep that investment functional . We also want to improve our utilization of technological resources . We have seen Meridian City Council Budget Workshop June 7, 2016 Page 15 of 72 enormous gains in the Public Works area in regards to SCADA and telemetry systems, automation, asset management -- you name it and those -- those equate to efficiencies for operation, which equate to cost-saving. So, that's important for us. We also want to preserve staff training and improve workforce development opportunities. One of the biggest crises in Public Works organizations across this country, according to the American Public Works Association, is not just an aging workforce, but also the fact that fewer and fewer folks are entering this line of work. So, we feel strategically one of the best opportunities we have as a department to counter some of those trends is to encourage and incentivize and nurture the staff that we already have working for us. Now, there is a flip side to that. City of Nampa can tell you all well that there is a flip side to that. When you increase the competencies, the skills and abilities of your staff members, they become more marketable and as they become more marketable they get offered opportunities outside our organization. So, that's something that we have to counter, which drives market compensation. So, that's a big challenge for us and you'll see a little bit more about that later in the presentation. We also want to make sure that if we do any expansions in the department from an infrastructure standpoint that they are measured, as much as we can make them be measured and that, essentially, they are in the best interest of the community. We don't want to be putting infrastructure in that we don't need or that we don't want. We also want to place a priority on our needs, conserve resources, and, as I mentioned before, empower our budget stewards, because those people at the lower end s of our organization that are doing the good work really know where the best savings are in the organization and we want them to be helping us along the way to find those savings and incorporate them in our budgets going forward. So, what's the outcome of all of this? Well, for the Department our proposed budget that we presented -- that we are presenting to you today is consistent with the rate model projections. That's in alignment with that, so that's good news. We are also continuing to use the pay go strategy. That is pay-as-you-go strategy, which means we don't have any debt. We don't require any debt in the foreseeable future, at least based on our ten year projection, at this point in time, unless things change, and, you know, what does that mean? I don't know. It sort of depends. We don't have any intentions of having to go into debt , but what that does mean is that you go through these periods or these cycles where you save a lot of money, you build up your funds and, then, you spend them down and what you'll notice in our -- and I will have a slide detailing this later in the presentation -- what you notice is that right now the Public Works Department is spending more on paper than we are actually taking in and that was projected and we have the reserves in place to cover those. So, we are borrowing against our savings that we utilized under the pay go strategy and the General Fund does the same thing. We also use just-in-time capital financing approach. This approach allows us to better leverage our dollars on a year-by-year basis for capital projects. We accommodate impending regulatory requirements in this budget. It sets us up over the next few years for those regulatory requirements. We also incorporate strategies to managing growth and the last point I wanted to make here is that we Meridian City Council Budget Workshop June 7, 2016 Page 16 of 72 are reliant in our budget on what we call a responsive management approach , which is consistent with best available information. So, what that means is, you know, you don't know what you don't know until you know it. So, we are asked to put a budget together today off of the best information we have today, but I can tell you in six months it will be wrong and I will tell you in ten months it will probably be wrong more. So, we have to make adjustments along the way and I will talk to you about how that works as we go forward and the Mayor has already alluded to this earlier as we opened up by saying there is additional information that we need to gain or gather. Business processes don't always match budget process. So, we will talk about that a little bit more later. Okay. This is what our budget looks like from last year to this year. Last year we had a budget approaching almost 35 million dollars. This year the budget is approaching almost 49 million dollars. That's as expected. Don't be alarmed. We are in the middle of one of the biggest growth spurts that we've seen in quite some time and capacity expansion at the wastewater treatment plant is very expensive, so are the levels that we are adding and the tens of miles of water and sewer lines and so on and so forth. One of the things I wanted to point out here, though, is that most of the growth in our budget is capital project related. So, this is first temporary if you will. We expect to see a surge as we have been in capital project spending and, then, in about three years we expect, based on our modelling, for that surge to subside. What you will notice here, which is kin d of good news, is that, essentially, our operations component, what we call POM, that stands for personnel operations and maintenance, is growing pretty slowly. We are proud of that. What you will notice in the yellow pie here, difference in enhancements from the -- or, excuse me, the difference from the replacements -- difference in replacement from the yellow slide -- or the yellow pie, rather, is simply an administrative or financial moving of replacements from enhancements to replacements as they are really replacements. So, no real change there. So, before we get into the enhancements I wanted to give you a little background on how we set it up, just so that you can understand what we are really presenting to you today. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sorry to interrupt -- Barry: Yes, sir. Borton: -- but you lost me on the last comment -- Barry: Yes, sir. Borton: -- about replacements as -- replacements not as enhancements, but as replacements. Meridian City Council Budget Workshop June 7, 2016 Page 17 of 72 Barry: Fantastic. Let me try to clarify. So, if you look at the pie to the left, you will notice that the 136,950 dollars of replace -- of little replacements there, that's the little yellow pie, is pretty small compared to the one on the right-hand side. Actually, that's not true. Most of the replacements on the pie to the left are buried inside the green section of the pie meaning in the past the Finance Department has required us to put replacements in as enhancements and we have argued for years -- as a matter of fact, Mr. Zaremba, bless his heart, would tell you -- every year he brought up the fact that, well, doggone it, if this is a replacement why isn't it in a replacement fund and not in an enhancement fund. So, the Finance Department worked with us -- and I think they did this across the board in city -- to put replacements as replacements, not as enhancements. So, hopefully, that helps. Borton: Perfect. Barry: Okay. So, understanding what we are presenting to you, there is a lot of information on these slides, so I want to make sure that we just don't gloss over it. The staff are going to present you very uniform -- we used a template through all of our presentations, so that you know exactly what the information is that we are trying to present to you. So, this is the template that we use. In the upper left we are going to have the priority number of the enhancement for the division presenting. We will also have the enhancement title. We will have the cost for you of that particular enhancement. We will also include whether or not this was a multi-year project and if it is you will see that it's a year X of a year Y project. You will see that in the upper left of every one of these as well. Then you will get the enhancement description. You will also get the objective number. Now, what this means is these objective numbers are numbers that tie to our city or department planning documents. We were asked to align our enhancements with our strategic and planning document. So, you will see those numbers up there. We won't be explaining all the numbers to you. If you would like to know what the numbers correlate to we are happy to share our strategic plan, comprehensive plan, and other guiding documents, which will help you to support these enhancements. You will see a little button up in the upper right as well. Yes, that enhancement is a regulatorily driven enhancement in the wastewater area. This is for National Pollutant Discharge Elimination System permitting reasons. You won't see these in water. This is -- we just kind of reserve that for wastewater projects. Then you will see this little arrow thing here. It either goes up or it goes right and this is our attempt to communicate to you whether or not that enhancement maintains an existing level of service or if, in fact, it improves or increases the level of service. So, you will see that as well. And, then, finally, at the bottom of each of the enhancements, if it is a multi-year project you will get the dollar amount year by year, both past, current and future. So, with that I will stop for questions, because we are ready to dive right into the wastewater division. So, if you want to flip to your books that's the first area that we are Meridian City Council Budget Workshop June 7, 2016 Page 18 of 72 going to go to and with that, if there is no questions, we will go ahead and move straight forward to wastewater. De Weerd: Any questions from Council at this time? Bird: I have none. McVey: Madam Mayor, Members of the Council, thank you so much for your time today. I think most of you know us, but myself, Laurelei McVey, I'm the wastewater resource recovery facilities superintendent and Clint Dolsby is the assistant city engineer on the wastewater side. So, we will be presenting the wastewater enhancements to you today and today we have 12 enhancements to present to you for a total of about 24 million dollars. Dolsby: Madam Mayor, Members of the Council, the first enhancement we are bringing before you today is for the Wastewater Resource Recovery Facility capacity upgrades project. So, a little background on this project. We have a limited amount of capacity remaining at the Wastewater Resource Recovery Facility, approximately a million and a half gallons per day, and each year with the recent growth uptick we are estimating we are consuming about -- on the order of about 500,000 gallons per year of capacity at the plant , which doesn't leave us a lot of time and that's why this enhancement has risen to the top and has become such a priority for us. So, also Idaho Department of Environmental Quality has a standard that specifies the design of upgrades to the plant must be started when the plant reaches 80 percent of design capacity of treatment, which we met that by starting design a little over a year ago. So, the Wastewater Resource Recovery Facility capacity upgrade project started late last fiscal year, currently in final design. Tom mentioned it just hit 90 percent. We are heading quickly towards a hundred percent design on that project. It will construct two new primary clarifiers, which are those little green tanks up in the top of that photo, up on the top left; four new aeration basins, which are the little blue tanks there and two new secondary clarifiers which are the orange tanks there at the bottom of that photo, which will bring our plant capacity to 15 million gallons per day, while keeping in mind the NPDES permit requirements, which means that we are upgrading that for capacity, but we are also upgrading it to meet our new permit requirements or at least keeping those in mind , so we are setting ourselves up for that. So, this NPDES driven enhancement funds the third year of the four year project for the Wastewater Resource Recovery Facility capacity upgrades and it supports two of our Public Works strategic objectives. It's currently in final design, on tract to bid for construction in September of this year and construction is planned to begin early next fiscal year and will run through FY-18. De Weerd: The WWTP is easier or Wastewater Treatment Plant than WRRF or Wastewater Recovery -- Meridian City Council Budget Workshop June 7, 2016 Page 19 of 72 Dolsby: Resource Recovery Facility. De Weerd: Or whatever. I still lose on that, but -- Bird: They had to change, because it's -- Dolsby: Yeah. We have got the name out in front of it now, so -- the next enhancement is the Wastewater Resource Recovery Facility headworks upgrades with odor control. So, the current headworks is shown on these two photos and I know the photo on the right isn't the most pleasant one to look at, but these show the headworks in its current location. This project is designed and construction of a new headworks pump station, which was part of the existing headworks and this new pump station is going to be located near the existing digesters and one of the new -- one of the existing primary clarifiers. Another part of this project is to build a new headworks, which will be -- let me go back one slide. It will be located in -- on the west side of the plant. It's kind of hard to see, but it's near the top -- near the center there is that red box, that's where we are going to locate the new headworks facility. So, the new headworks will be housed in the building with odor control and existing headworks shown in the -- on these photos will be abandoned . So, this enhancement funds the third year of the four year project to upgrade the head works at the W astewater Resource Recovery Facility, which supports two of our Public Works strategic objectives. The headworks facility has been one of the largest and continues to be one of the largest sources of odor at the facility. So, by putting a building over the new headworks facility we are going to control those odors, which should reduce the overall -- or will reduce the overall odor coming from the facility. So, this project will be constructed over an 18 month window and will increase the firm capacity headworks and provide better screening upstream of future nutrient removal processes. The next enhancement is for the Wastewater Resource Recovery Facility facility plan update. So, a facility plan is required to be developed and updated every five years for every wastewater treatment plant by the Idaho Department of Environmental Quality standards. The last update we had was in 2012. So, we are due for an update. Additionally, as part of our compliance schedule with the EPA in our opinion permit, the city is required to update the facility plan within two years of the permit issuance , which -- and the permit issuance is expected likely in the late fall or winter of this year . So, this enhancement will address both of those requirements and it will provide an update to the Wastewater Resource Recovery Facility plan. Also supports three of our Public Works strategic objectives. Low nitrogen limits and phosphorus limits in the new permit have really also precipitated the need to update this -- the 2012 Wastewater Resource Recovery Facility plan. McVey: All right. Enhancement number four is for p lant PLC replacements. It's the third year of a three year project and supports four of our strategic initiatives. You might ask what the PLC is. A PLC is a programmable logic controller. So, essentially, it's the -- the brains of the treatment plant. So, it runs and controls all Meridian City Council Budget Workshop June 7, 2016 Page 20 of 72 of the equipment and alarms. So, our old PLCs at the facility were out of date and were no longer serviceable by the manufacturer. So, what that means is if one of them were to fail we would be in a bad way really quick , because those are the pieces of equipment that control the plant equipment . So, we have 21 PLCs at the plant and this fiscal year FY-17 project would complete the upgrade of all of those. With this project we will ensure reliable and serviceable equipment. All right. Enhancement number five is a SCADA control and telemetry upgrade. So, this is the fifth year of a six year project and also supports four of our strategic objectives. So, we just talked about the PLCs kind of being the brains of the plant. SCADA is the front facing interface between the equipment and the operator. So, what SCADA allows us to do is it allows us to control equipment, respond to alarms and collect permit required data. So, we have SCADA at both the plant and the lift station. So, this enhancement would provide the necessary upgrades for the improved consistency, operability and security of our SCADA system. All right. Enhancement number six is for the Boise River pump station and seal water upgrades. So, this is a single year project and supports two of our strategic objectives . So, this is kind of a two-part project. The first part is to repair and upgrade the Boise River pump station. So, this is a structure at the plant that was built in the '70s. It's one of the original structures at the plant and today it serves several purposes. So, it feeds our reclaimed water system. It also feeds our nonpotable water system, which is used for flushing, spraying, and maintaining equipment on the plant and it can also feed the Boise River outfall. So, although we don't discharge to the Boise River outflow, we maintain that as a strategic initiative in the department and the reason we do that is that EPA does not grant new NPDES outfalls. Very rarely. So, it's a real benefit to the city to have both of those out falls. So, this building serves all -- those three functions and you can see the pictures on the slide are from that building and we have some significant structural damage and we even had an electrical fire in there last year. So, this enhancement would repair and upgrade this building. The second part of this enhancement -- we have an opportunity to put two projects together and achieve some benefits. So, the plant seal water system is used to lubricate mechanical seals on equipment throughout the plant. So, if the seal water system goes down we can lose or damage critical pieces of equipment at the plant. The seal water system currently runs off of city potable water and it is currently undersized and oftentimes unreliable. So, by combining these two projects together into a single building we can improve reliability and also achieved water conservation . All right. Enhancement number seven is for a collection equipment facility. This is, again, a single year project and supports four strategic initiatives. So, you guys know the city is invested in acquiring four large vehicles that are used to maintain and clean the sewer system. So, these vehicles have sensitive electronic and hydraulic components that are sensitive to extreme heat and cold. So, by storing these vehicles indoors we can extend and protect the life of these important critical vehicles. So, we originally had a 1.3 million dollar facility planned for these vehicles. It was included in the CIP and the rate model. However, with careful planning and use of an existing structure at the plant, we can avoid the expenditure of almost a Meridian City Council Budget Workshop June 7, 2016 Page 21 of 72 million dollars by doing this project. It's an ideal location at the front of the plant. It is near the RV dump and also near the -- what used to be the dog pound. So, what this project would do is it would be a minor remodel of the building that was vacated by the police department and it would construct another similar metal building next door to it and we could have all four of our large vehicles at the front of the plant, which is really important that these vehicles are not traveling and navigating through the rest of the treatment plant and it also is a wise expenditure of the city's investment in these vehicles and, then, this project would also allow us to save almost a million dollars. Dolsby: This next enhancement, number eight, is for sewer line extensions. This is an enhancement that we bring before you every year. It's to fund the building and improvement of infrastructure in the sewer collection system. A lot of times these projects are done in conjunction with ACHD road widening projects. It also funds other sewer line extensions as well in the collection system. The notable projects and really the one that's causing this enhancement to probably look a lot larger than you typically see if you have seen this enhancement before, is the South Meridian trunk sewer project. That's taken the majority of this funding. The other project that would take up the rest of it is the ACHD's Ustick Road widening project between Linder and Locust Grove. McVey: Enhancement number nine is for a wastewater collection system rehabilitation program software. So, this is a single year project and supports two of our strategic objectives. So, this is a software program that will take our GIS data and it will also take our data that we have collected using the CCTV vans and it will create a data driven prioritized replacement program plan for all of the sewer lines in the city. It will rank the lines based on things like likelihood of failure. So, age or the material that it's made out of or we can also rate it on things like consequence of failure. So, is it by a creek? Does it serve a school? Does it serve a hospital? And we can also add external data like, ACHD projects. So what this will let us do is effectively plan, budget, and forecast and put together our annual sewer replacement plans in a really smart way using the data that we already have. Enhancement number ten is for the Wastewater Resource Recovery Facility safety upgrades. This is the third year of a four year project and it supports two of our strategic objectives. So, obviously, safety is the number one priority at the wastewater treatment plant and each year we continue to do upgrades that improve safety for our employees. So, this year's enhancement will fund several projects, including railing, fall protection, and emergency egress improvements. Enhancement number 11 is for the North Black Cat lift station gas service upgrade. So, this is another single year project and supports two of our strategic objectives. So, when North Black Cat lift station was built, it was kind of out in the middle of nowhere. Now you know growth has exploded in that area of Meridian and as a result of that it's brought natural gas lines closer. So, when this lift station was originally built it didn't make sense to bring natural gas in. So, we installed propane. So, currently we spend 18,000 dollars a year on propane to heat this lift station and with the Meridian City Council Budget Workshop June 7, 2016 Page 22 of 72 natural gas service line we expect to only pay 3,800 dollars per year for the natural gas and so this would be a positive return on investment in less than four years. And enhancement number 12 is Wastewater Resource Recovery Facility underground power line. So, this is one of the enhancements that the Mayor mentioned we are waiting on a few details, so I will talk a little bit more about that. But this is a single year project. However, the cost of the project is spread out over multiple years and this supports three strategic objectives. So, over the past two years the wastewater plant has had three major power outages and all of those power outages were caused by failure on the overhead line , caused by different things, wind, weather, birds, construction workers -- anyways, when our overhead power lines go out our emergency generators cannot run. So, essentially, we are just stuck without any power and the flow keeps coming . So, you will see our -- on the left-hand side here is our influent and during one of the power outages, when we can't run any of the equ ipment, the flow doesn't stop. So, this instance actually resulted in an SSO, because we could not get the power back up and restored. So, it's really a scary spot to be in when you can't control any of the equipment at the plant or run any of the equipment. So, we've been working with Idaho Power to come up with a solution to improve the reliability and security of the overhead lines of the plant and to do that we would like, to move all of the overhead lines underground. So, most of this cost is spread out over our monthly facility charge . So, the install of all the new power lines would be amortized over a 31 year period. This is the standard way that Idaho Power finances and completes projects. And, then, there would be an additional one time upfront cost for the removal of the old overhead lines. So, we are currently working with Idaho Power to get to a final cost estimate on that and would hope to have that by the final budget presentation. De Weerd: Council, is your preference to ask questions between the -- the different divisions or at the very end? Okay. Any question s for wastewater? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question. And maybe this is a question that could be answered in our July session related to Item 12 with burying the lines. Was Idaho Power able to provide you with cost with paying for it all up front versus amortizing it over three decades? McVey: Councilman Cavener, that is a great question that we asked and the answer is, no, they will not do that. That is their standard form of financing. De Weerd: Any other questions? Cavener: Madam Mayor? Meridian City Council Budget Workshop June 7, 2016 Page 23 of 72 De Weerd: Mr. Cavener. Cavener: One more. Number six. On the slide you indicated there was some -- some fire damage that part of this enhancement will take care of. Maybe some clarification that -- maybe right or wrong -- I would make an assumption that's covered by insurance. Is there a reason why we are using an enhancement to cover costs related to fire damage rather than other financial means? McVey: Councilman Cavener, so the -- the part that actually got damaged was not the building, it was the electrical panel. So, that's something that our maintenance staff could repair in house. Cavener: Madam Mayor, one more additional question. On number seven related to the garages, you had indicated that the vehicles are prone to extreme heat and extreme cold temperatures. I was hoping that you would extrapolate that a little bit more. What -- what is defined as extreme and how long is that occurring at that facility? McVey: Councilman Cavener, so extreme heat and cold would be, you know, when we drop below freezing or above probably 90 degrees . So, these -- this equipment has electronic components on it and they also have water on it, so if we leave them outside say in the winter they will freeze every single night and it will damage the equipment and in the summer if we were to leave them outside - - so, obviously, they work out in the city and the heat and cold, but occasionally when it is too hot or too cold we cannot take this equipment out into the city , because the equipment simply won't function at those temperatures. Cavener: Follow up? Is that ten percent of the year, five percent of the year, 15 percent of the year? Just base estimate how frequently is that occurring? McVey: Well, Councilman Cavener, that's -- I'm not sure I can estimate that off the top of my head, but we can definitely get that information back to you. Cavener: I would appreciate that. McVey: Okay. De Weerd: Okay. Any other questions? Okay. Dennis. Teller: Okay. Well, good afternoon, Madam Mayor, Members of the Council. Thank you for your time today. As wastewater said earlier, we kind of want to take this chance to sit back and introduce ourselves. My name is Dennis Teller, I'm the water superintendent. This is Kyle Radek, who is our assistant city engineer for the water side. Sorry. And today we are going to be going over 14 enhancements for your consideration. The requested water division budget this year totals 5.4 million dollars and is primarily focused on labor resources, SCADA Meridian City Council Budget Workshop June 7, 2016 Page 24 of 72 system upgrades, which thank you Laurelei and Clint for explaining the SCADA and DLCs. Our distribution system improvements and new water supply treatment projects are necessary to improve our operations to keep up with growing demand and service needs. So, before I get into this year's enhancements, I'd kind of like to speak about the city's growth. We have talked a little bit about that earlier, about growth is impacting us and the concerns associated with it in regards to our water distribution system. Why are we on the screen? Oh. I see. Never mind. Apologize. Over the past ten years the size of our water system has increased substantially. We have added 158 miles of water line, now totaling 516. We have seen a 44 percent increase in our -- in our water distribution size. Our water services have also increased during this time by 7,347 accounts and growing. We added 64 accounts just last week. This is a 30 percent increase. So, approximately, we have gone from 23,000 accounts ten years ago to almost 32,000 now. Our fire hydrants and valves have increased almost 17 percent. We have added almost 2,700 units, totaling 19,153 right now that we are currently overseeing and maintaining. And, additionally, due to growth track backflow prevention assemblies within the city has increased by 62 percent. We have gone from a little over 6,000 backflow assemblies to al most 10,000 at this particular point. During this time our complexity has also increased. We have added technology such as SCADA to help with our controls and got set for regulatory needs. Water treatment technologies have also been introduced improving our water quality, but these have added more complex sampling and regulatory needs as well. And, additionally, our system expansion has created operational challenges trying to maintain pressure and flow throughout the system as it continues to grow. As we grow we are just really concerned on how we are going to keep up with maintaining our public health and safety. We need to make sure that our water system is operational and reliable, for readiness for emergency responders and things of that nature. We also want to keep the motivation up and avoid staff burnout from the overall daily work with them. So, during this time of growth we have made some excellent use of our current resources to keep costs low and our services up and technology has played a great role in helping us to do this and, for example, like I said, we have added some things like SCADA to our operations that greatly help and reduce the need for us to physically go out and maintain our well s. It does a lot of remote stuff for us. We have switched from walking and manually reading our meters to an automated drive by system. This has greatly reduced our costs in reading meters and improved our accuracy for our billing needs. And we have utilized automatic fire hydrant and valve operation equipment to kind of ease the strain on staff and expedite the speed at which we can get through the maintenance of these assets. The results of these efforts can kind of be seen in the top screen. It shows that we managed to keep our costs per ca pita relatively low during the time period, even with the rising cost of inflation. On the flip side we have also incorporated many improvements and efficiencies with great results. We are not finding ourselves quite behind on one of the -- basically in several areas due to maximizing our most important resource and that is our staff. The lower graph shows the number of FTEs that we currently have Meridian City Council Budget Workshop June 7, 2016 Page 25 of 72 compared to service connections and how we stack up against some of our neighboring and like size water comm unities. Fiscally it shows our ability to do more with less, but it also explains why we are kind of feeling the strain on our programs and our personnel. As shown here the FTEs to service connection, the average is about 821 across the board. We are currently at 1,430 and we are, basically, almost twice as lean as our other purveyors. This ratio we fear is going to continue to increase if we don't add any additional staff and this is what our first three enhancements are going to focus on. So, enhancements one through three are request for additional staffing and they support seven strategic objectives. Enhancement number one is for a cost connection control inspector one. This enhancement will add one FTE to assist in the operation, maintenance and compliance with the city's backflow prevention program, a routine and proactive and site surveying as is required to insure compliance with backflow testing assemblies and as a critical component the city's legal responsibility, protect the water distribution system of public health and their safety. As I stated earlier, in the past ten years our backflow assemblies have increase by 62 percent and our survey program we currently have an 88 percent gap in proactively going out and surveying commercial and residential properties for dual connections and backflow assembly installation. This is a huge vulnerability and a risk to our customers if contaminations were to ever occur. Currently there is only one FTE assigned to overlook and oversee this program. Enhancement number two is for a meter technician two. This is to add one FTE to assist in the operation, maintenance of the city's meter installation, maintenance and replacement program. Their primary duty are going to support of basically our routine maintenance, installation, and testing of our water meters to insure timeliness and accuracy in our utility billing and monitoring of our water loss. With service connections increasing over 30 percent over the last ten years, we have increased, like I said, earlier 7,000 plus service connections. These all require meter reading on a monthly basis and maintenance on a routine basis . Our meters -- and, basically, meters in the industry are operated by batteries and they become less accurate with time and age. They require replacement every 15 years just basically due to their power and their physical ability demand. In order for us to maintain a 15 year replacement schedule we are required to change out 2,085 meters, that's today's current customer base, in order to maintain the schedule and keep them replaced. On top of that also are new meter installs, we average always a thousand new meters on an annual basis. This is cutting into our time for our replacement program. We spend more time installing new meters, basically, than replacing and repairing the ones that we have and as the backflow prevention program there is only one FTE assigned to this program as well. Our third enhancement is for a water operator two, to add one additional FTE to assist in the operation and maintenance of the city's water distribution system. This position is essentially requested to address the concerns of our streets. As our city continues to grow it's getting more and more populated and more and more congested with traffic, making it much, much more dangerous for our operators to be out in the middle of the street working. This is going to address that by allowing and giving them the ability to have two Meridian City Council Budget Workshop June 7, 2016 Page 26 of 72 operators there to perform these activities. Our fire hydrant and valve maintenance programs right now are currently 64 percent behind and they are increasing. We need to make sure that these assets are maintained and verified operational for emergency responders. We want to make sure that our fire hydrants and valves are all open and operational for emergency events. And over the past five years we have seen an increase in these assets over 17 percent, as I stated earlier. Another thing that you might recall, we have an initiative right now to replace all of the valves within the large -- over 35 mile an hour streets with plastic nonpop lids. We have done some of that, but currently we do not have the resources just keeping up with the new assets that are being installed to replace these at a rate. So, this is a -- a concern for us for at least public safety on our traffic. For these particular programs we have only two FTEs assigned, one for the valves and one for the hydrants, so this would add one that would help with both. Adding these two positions will keep us at a level, basically, that our service customers currently rely on. We aren't able to -- if we were unable to have their staff ing resources the current gaps in our programs will continue to increase. Some examples of this would be possible slower response times, decreased accuracies in our data, increased risk to the city and our customers for contamination events and it subjects our staff to unsafe working conditions in these types of streets. One thing to note with the current growth and rate of the city is, as was mentioned earlier, we are going to require additional staff in the future to keep up with these services if we do continue to grow at the rate that we are. De Weerd: Dennis, before you move on, I think it's important that you explain the water meter operator. You changed it, so I don't have it in front of me, but -- Teller: I'm sorry. De Weerd: -- but they do water meters or valves and fire hydrants. On the valves it's important to have two at the -- the location for safety reasons; correct? Teller: Correct. De Weerd: Can you perhaps explain that a little bit more? Teller: On the valves? De Weerd: Just why it's important in the safety aspect of the workers to have that second person to insure that safety aspect. Teller: Okay. Madam Mayor, the reason that we -- we require the second person is with traffic now at the speeds that they are traveling, most of our major arterials are four lane roads, so in order for us to operate our valves the majority of them are located within the lane of traffic, so when we park to maintain a valve -- I will go back to a picture right there at the -- at the bottom of that, he is facing Meridian City Council Budget Workshop June 7, 2016 Page 27 of 72 traffic with the value machine and if someone were to swerve to avoid him, the next person would be right there and not have that warning. So, our basic mandatory thing that we do to operate and maintain these are we have two vehicles, we have one that's basically a pilot car behind that is setting up traffic cones and traffic safety apparatuses to divert traffic and prevent people from coming up on these workers unannounced. De Weerd: I thought that that was important to note. Teller: It is. Madam Mayor, thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While we are doing this, Dennis, explain to -- to us adding these three boots on the ground is the first extra employees -- the boots on the ground that you have had since we probably were -- had 20 customers -- or 20,000 service and now we have got 33 service -- isn't that about right? Teller: Correct. Bird: And this is the first boots that we been able to hire? Teller: Madam Mayor, Councilman Bird, over the last ten years, depending on the different charts and graphs that you look at, this is within one or two FTEs over the last ten years that they have been added, so -- yeah. Okay. Enhancement number four is for 300,000 dollars and supports six strategic objectives. This is the second year of a three year project for the final phase of our SCADA system upgrades, as Laurelei explained earlier about SCADA. Basically under the direction of our SCADA master plan this enhancement will focus primarily on upgrading our PLCs. In the past previous years we have been upgrading the PLCs at our well houses. We are finishing our final one actually this year, but this is going to address our 26 pressure reducing stations now, along with programming and control upgrades necessary to incorporate these into our SCADA system. These sites control our water distribution between our five different zones. The city is broken up into five different zones. We monitor and maintain pressures and flows between these and these PLCs actually monitor this and control this information for us. Currently there are nine CRBs that are being upgraded this year and this was approxim ately -- we will take care of another five in this next year. Our SCADA project upgrades over the past four or five years has greatly enhanced our controls and brought critical data and flexibility to our system. It's amazing our new system that's so much more information that we have ever had before. Not completing this upgrade would definitely negatively impact the work done to date and the ability to bring back the information we need for regulatory standards. Okay. So, enhancement number Meridian City Council Budget Workshop June 7, 2016 Page 28 of 72 five and it's for 100,000 dollars and this supports three strategic objectives. It's the second year of a five year project to design and implement needed security improvements at the water system well houses and our admin facility. A little bit of history. Security needs have been handled in the Water Division on kind of an as-need basis. As we see a need we have been coming in and asking for it. But a few years ago it was felt that a complete survey evaluation of our facilities was required, so we kind of took a step back to kind of identify all the vulnerabilities at once, you know, help standardize our designs and tried to get them protected as quickly as we possibly can, knowing what we do. A good example here. You can kind of see these are blurry, but this is Well No. 18. It's over at -- at Locust Grove and Ustick and this is in the middle of an HOA. As you can see there is no fencing around the building. It's kind of been one of their -- their open space areas to kind of part of a park. Here is Well 19. This is a new facility constructed at Ustick and Ten Mile. This is actually our newest treatment facility. It has the new standards of our fencing, which was identified in the vulnerability study, as well as our locking and warning signs to keep people out. That is something to mention. Actually, several months ago this site at Well 18 was compromised by one of the local homeowners. They mistook this building as their irrigation well and wanted to shut the power off, so they could do some work and actually were able to go over and disconnect our power source. They didn't cause any damage, but this is the one good example of why we want to make sure that we can identify these facilities and keep people from -- from accessing them. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real quick. Dennis, on this slide if the concer ns are as weighty as you say, why would we wait and spread out the improvements over four years? Teller: Madam Mayor, Councilman Borton, we have done this just on the fact of just the sheer size of what we need to do we -- it requires a lot of planning and forethought in upgrading these sites. They are -- most of our well sites are buried deep within subdivisions, so we have been working with HOAs with time to make sure that we are building something that is aesthetically pleasing to them, as well as functional for us. Borton: Okay. Teller: Yeah. Okay. The outcome with this vulnerability assessment, we sat down with Homeland Security and we, basically, developed a plan, which I have kind of spoke about, but what we were going to start from -- and have already started to do, is that add site fencing, things like motion detectors, building access and border security. Our admin office currently -- I'd say probably 30 percent of our storage building at our admin office acts as a security border for our facility, which is not a good thing. We need to make sure that we have got Meridian City Council Budget Workshop June 7, 2016 Page 29 of 72 fencing around it as well. On electronic door access, so we can know who and when people are in or out of the building to make sure that they are locked and secured and, of course, security signage. Not continuing with this security improvement plan will definitely leave our sites vulnerable to security breaches and leave us vulnerable to potential damages. Radek: Madam Mayor, Council Members, Enhancement No. 6 is Well 15 reconstruction for 100,000 dollars, year one of the two-year project, which supports four strategic objectives. Well 15 is one of our most productive wells in the system since 1994. When it was constructed it pumped more than five billion gallons of water into the system. However, there are two concerns with it. Number one is that the water quality has degraded such that the Water Division doesn't want to pump it. Mostly hydrogen sulfide and Manganese. And the second concern is it was constructed with older materials -- or constructed with different kinds of materials that we don't use anymore and it is reaching the end of its service life. The well casing is approaching corrosive break through. So, the project is a two phase project over two years, first to top off a sand filter pack and abandon the lower screened intervals, which would result in improved water quality and, then, after that first phase we would test the water quality and make sure we have got the water quality where we want it and , then, we would line the existing casing this next fiscal year and, then, extend the service life of that well by 25 to 50 years. Enhancement No. 7 is water main extensions similar to the sewer main extensions. This is an enhancement we see every year a nd similar to sewer main extensions it's significant, 2.2 million dollars, supporting one strategic objective. It funds design and construction of water line extension project to expand and improve the distribution, many of which are in -- including ACHD projects and just like the sewer main extensions, one of the major projects where -- we are doing this following year is the ACHD Ustick Road widening project from Locust Grove to Linder. The other two significant water main extension projects will be the Locust Grove and the Lake Hazel water main extension, which is the south Meridian project and the Amity Road and Linder Road project, also south Meridian. Enhancements 8 to 10 are all wells at different stages of their project life. As these wells provide the next drinking water source to the city, they are a three year project life in general and they include a test well, production well, and pumping facility. Well 29 is the first well in pressure zone one of the distribution system and it is in year four of four. We hoped that last year would be finishing year three of three, but the project was delayed. Year four of four and the 400,000 dollars requested will fund -- provide the remaining funds needed for the pumping facility next year. Well 30 is in year three of three and 650,000 dollars is being requested for the pumping facilities for that well next year, which is in Reflection Ridge. That well just completed the supply well days ago. We are hoping to get chemistry back in a couple of weeks for the supply well and since I forgot to mention Well 29, the production well is underway and drilling -- the surface seal is in place and drilling of the main bore will start Monday. And Well 32, our last project on this slide, is in -- currently in year one and this enhancement is 400,000 dollars for year two of the three year Meridian City Council Budget Workshop June 7, 2016 Page 30 of 72 project, which is the supply well and currently the test well has just been completed out there and we should be taking samples for chemistry next week to find out what -- what the supply is at Well 32, which is in the Biltmore Subdivision, will look like and these enhancements all support four strategic objectives and I think that's all I need to say about those. Enhancement No. 11 is Well 22 water treatment. We have just completed -- we have completed two water treatment facilities in pressure zone two. With the completion of Well 27 this summer we will have completed all the water treatment facilities we need to supply maximum daily demand in pressure zone two. Well 22 water treatment at a cost of 800,000 dollars provides the year one financing for the first water treatment facility in pressure zone three, supporting two strategic objectives. This is a particularly important location as it is the -- the only supply in the southwest portion of pressure zone three and consequently since it doesn't -- it doesn't get pumped very often, it results in -- in us losing a little pressure and wasting quite a bit of energy to get water from the other side of pressure zone three supply, the customers in this part of the pressure zone. So, this project will have a great impact on our ability to supply clean, safe water efficiently and including the Roaring Springs, which is also in that -- in that area. Teller: Okay. Enhancement No. 12 is 420,000 dollars and it supports three strategic objectives and it's to fund the purchase of two critical pieces of equipment for a water divisions maintenance and repair section. Having this equipment available will provide faster response times, better customer service, and shorter outage times for routine emergency maintenance and repair activities. The first piece of equipment that we are asking for is a f irst response trailer. This is a trailer that's going to be loaded with critical first-response pieces of equipment, traffic control, parts, sump pump, those types of things. The second is a loader slash lift that will assist in moving heavy materials around and loading and unloading the dump trucks. As the city expands and our infrastructure ages, the need for these resources are required to operate and maintain the water system in its current level. As I said earlier, we currently have 516 miles of lines and we have a little over 30,000 assets when you start talking about fire hydrants, valves, water services, blow offs -- there is a lot of infrastructure out there that needs to be maintained . I know that our water system -- it seems like it's relatively new, within the last 20 or 25 years, but we are starting to see increases in failures. Over the past ten years there has just been several a year that we can count, basically, on our hands and toes, but in the last year we had over 88 failures. In the last two years we've had over 15 mainline failures that we have had to handle i n house and requires equipment to be able to do it safely and effectively. Some of those big ones you guys might recall would be Franklin. We had a large main break that took off most of the road and closed it down for quite a while. Our crews handled that within four hours and got it up and running. So, kudos to them and all the work they have been doing on getting this program up on its feet. Some of the benefits of these - - of these two pieces of equipment is -- like I said earlier, they are going to decrease our response times. They are going to provide critical emergency Meridian City Council Budget Workshop June 7, 2016 Page 31 of 72 equipment. The first time we roll out, so there is no need to shuffle vehicles and staff back and forth to get this equipment on site, like we do now. It's going to increase our safety when we are handling heavy materials and also the efficiency of handling heavy materials as well. It's going to eliminate especially the need to transport the backhoe that we -- we replaced a couple years ago back and forth from job sites across town to load and unload heavy parts and materials and -- and dirt and other supplies that we get from and to these jobs. Payback on this equipment is going to be realized within three years and without these -- without these purchases and if we keep up to the current roads that we have with our system, our current services are going to start to degrade without the -- the ability to have this equipment on site and available when we need it. Enhance No. 13 is for 30,000 dollars. It's year one of two and it supports one strategic objective. It is going to support the Water Division safety improvements . Basically it's going to be and have been identified by our new safety coordinator. This is a practical approach to better protect our staff, our contracts, and our public around our utility facilities. As you know safety is job one and it's something that we take very seriously. Some of the things that we have identified that you can kind of see in the picture, this is actually -- we have talked about PRVs. They are like -- there is 26 of them all over town. You don't know them. When you walk by them they just look like hatches or manholes, but these particular vaults can be very deep. They require ladders, fall protection, like you see here, so you don't accidentally fall in. Some of the inventory improvements on our shelving, we want to make sure that that's safe when you're in and around inventory and, then, also some of our ladders on our reservoirs and some of our buildings, we want to make sure that we have adequate protection on those as well. This enhancement basically is not funded under the improvements that we have already identified or need to -- need to these facilities and we just want to make sure that we can provide as much as possible for our staff. And enhancement number 14 is in the amount of 60,000 dollars and it supports four strategic objectives and it's for the purchase of property needed for the Well 9 reconstruction project. This project is actually year two of four and there is a couple years in delay here, because we -- we realize that this well does need to be replaced, but not yet at this moment, so we are definitely preparing what we need to do to make sure that we can replace this well . A little history on Well No. 9. It was constructed in 1977, so it's one of our oldest wells in the city and it's one of our best wells, so we definitely want to make sure that we keep that. This enhancement is to basically look at the property to the north -- if you can see where this property is, it's off of Franklin just a little bit to the north. It's kind of in an industrial area. It's vacant property here. We want to see if we can expand to the north. A recent evaluation last year basically concluded that we need to get a little bit more property in order to replace the well at this location and make sure that we have the proper spacing for the new regulations behind in the new well. If we do not fund this enhancement we are going to have to look elsewhere, which is really an unfortunate situation. We want to make sure that we can keep this location. It's in a good area for this zone and we have good water quality. If we relocated to another area it's going to cost us more money for a test well to Meridian City Council Budget Workshop June 7, 2016 Page 32 of 72 find out what the aquifer is underneath that. With this existing well and a known water quality, we will be able to replace this at a much lower cost without needing those extra facilities. So, with that I thank you. That was our enhancements. Are there any questions? De Weerd: Thank you, Dennis. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Same question on the water facility safety upgrades. Is there a reason that those costs are spread out over the next four years versus doing it all at once? Teller: Madam Mayor, Councilman Borton, we have got -- we have some -- shown in the slides some enhancement improvements that we know need to be taken care of now and that's what this will cover. We do have this as year one of two, because we do have a new safety coordinator on board that wil l be going through and evaluating in much more closer detail on some of the safety improvements that we need, so we want to make sure that we have the funding available to do those upgrades when identified. Borton: Madam Mayor? The -- if I'm looking at the right one -- was that number 13? It shows an expectation of additional funding each year for the next five years of 25,000 through fiscal year 2021, which is different than the slide. So, that was -- my question is if it's truly over five years? Teller: Madam Mayor, Councilman Borton, just -- and my understanding this was a two-year project. That's what we were shooting for. Borton: Thirty this year, 25 in '18 and, then, this fiscal year '19, '20, '21 are not anticipated? Teller: Not anticipated. Lavoie: Madam Mayor, Councilman Borton, Dennis, it looked like the document that we may have provided you in your books does show the 25 grand every single year, so it looks like that is in error compared to what the proposal here is. So, please, I guess adjust or disregard that. Let's go with what Dennis is stating, that it is a two year project, not the five year cost that we provided. So, we apologize about that. De Weerd: Any other questions from Council? Milam: Madam Mayor? Meridian City Council Budget Workshop June 7, 2016 Page 33 of 72 De Weerd: Mrs. Milam. Milam: I guess -- my question is regarding the -- priority number one. This inspector, is he -- or she -- does this person -- I'm still trying to in my mind -- we were talking about backflow systems; right? So, we have 10,000 backflow system. They are required to be inspected every year and certification sent in. So, is this person going to be doing inspections or are they going to be just checking off to make sure that the inspections were properly sent in? Teller: Madam Mayor, Council Woman Milam, what this person will be doing -- we are not -- we are not responsible to test the actual assemblies. They are privately owned assemblies that we are required to make sure that they are tested. So, this person will be monitoring and maintaining the database for the testing. So, we -- we actually send out reminders. Kind of -- if you kind of imagine it's like our billing system, we just deal with -- with tests instead of money, so we want to make sure that -- that our customers are notified that they either need a back flow assembly, which they have been doing surveys to identify if they do or don't. Then they will also be following up to make sure that the customers are notified when these tests are due and make sure that these tests are received and input into the system and rescheduled for next year. Milam: Madam Mayor, follow up? De Weerd: Uh-huh. Milam: So, basically, this is an administrative job? Teller: It's a field position with -- it's a combination of administrative and field position. They do physical field surveys on-site with customers and they do administrative work, making sure that the input and data that we received on the test is in the system and correct. Milam: And this is a secondary position? Teller: This is a second -- this is an additional cross-connection inspector. We have one cross-connection inspector two that handles all these 9,000 -- almost 10,000 accounts. Milam: Okay. De Weerd: Mr. Cavener. Cavener: Madam Mayor. Maybe a question for Finance. Related to the -- the three positions, on our sheets I'm noticing a couple different colors of numbers, some lighter blues, and will you just provide me some clarification if that's just a Meridian City Council Budget Workshop June 7, 2016 Page 34 of 72 -- a printer malfunction or is it supposed to designate something that we need to be aware? De Weerd: That was another test to see if you were paying attention. Cavener: Well, then, we all passed, because I'm sure we all noticed that; right? Lavoie: Madam Mayor, Councilman Cavener, so what you're looking at on -- if we are looking at the very first name, you will see some light bluish shaded colors. What that represents is those are numbers that Finance input after we received the document from the department. So, it kind of notate s the audit trail or change trail, so if it's black that means that's what we received, we didn't change, but if it's that light blue that's something we have adjusted accordingly. Cavener: Great. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I need to go back to -- on your Wastewater Resource Recovery Facility capacity, you have got 11,335,000 under predesign and the total -- the total thing is 30 -- well, what, 34 million and we are spending 11 million for predesign? Dolsby: Madam Mayor, Council Member Bird, the design of the project -- total design cost is 3.187 million that is -- the budget that's approved for -- to date, we have that 444,699 that was -- that was '15 and another 2.9 this year, that's the total design cost and, then, the '17 cost of 11.335, plus the 18 of 16.79 is the construction cost of the project. Bird: 3.1 million total? Dolsby: 3.187. Yes. Correct. Bird: Okay. Why is this under predesign, all 11 million of it? Lavoie: Madam Mayor, Councilman Bird, I can go ahead and clarify that. What you're looking at, Mr. Bird, is the GL description that we are utilizing for this large project. So, this is a large project. We have decided to work with the engineering division to put all the monies into what we call the predesign function for the city and, then, as they complete and design their functions we will reallocate those monies according to the specific projects. So, we needed a holding -- kind of a holding pen for the 11 million dollars. So, we selected to use predesign until Warren and his staff actually have the final defined numbers and, then, we will move the money out of that predesign into headworks or clarifiers. Meridian City Council Budget Workshop June 7, 2016 Page 35 of 72 So, right now it's just kind of a holding place, so we can bu dget 11 million dollars for the city. Bird: I guess if you can put 11 million dollars in a holding place that's fine with me. De Weerd: It's not miscellaneous. Bird: It's not miscellaneous, but I will tell you what, to me that has been on Tom for -- and Warren for years about the percent we are paying for design and stuff and I look at this, I'm going, man, when we had our pre-deal, Warren and Tom never said a word about this much design and I'm going -- if somebody in the public looked at this and it says pre-design and we got a total package of 34 million and you have got 11 million up here and probably the three on top of that -- Stewart: Madam Mayor? So, Councilman Bird, I appreciate that. I think there is a couple things to keep in mind, maybe to elaborate a little bit on what Todd said. Yeah. So, the total cost of this -- the design for this is -- it's going to be around ten percent, which is a very realistic number for the overall cost of the design for this type of a project. In addition to that, one of the things that we are trying to get a better handle on is the ability to actually track the exact cost of each asset, so that we can depreciate it over time. We don't know at this stage of the game what percentage of the capacity project is going to be clarifier number one and what's going to be clarifier number two. So, we put this in this bigger pot of money, knowing that the overall cost is going to be 11 -- well, actually, total cost 37 million dollars and if we get this into construction and we are able to identify the cost for each one of these various components, then, we can allocate that to the appropriate location, so that those costs for a clarifier or for an aeration basin can be tracked independently. So, that's kind of what it's about. Bird: Madam Mayor, follow up. And, Warren, I agree with you and as we discussed before when we do our close out from that one, the design or consultant cost is going to be part of the cost out, which it hasn't been in the past, so I appreciate that, but I just wanted to clarify that. I thought it was wrong, but I -- but you got that before. Thank you. De Weerd: Okay. Any further questions for Warren? Cavener: Madam Mayor? De Weerd: Or wastewater. Mr. Cavener. Cavener: Question on Enhancement No. 12, equipment trailer, the front-end loader. A couple of questions related to this. I guess the first one -- and maybe I just don't recall this. I have always remembered that when departments have Meridian City Council Budget Workshop June 7, 2016 Page 36 of 72 brought enhancements for a piece of equipment, they have brought enhancements for each individual piece of equipment and so I'm just trying to understand why we are doing an enhancement for two pieces of equipment, if you can explain that to me. Teller: Madam Mayor, Councilman Cavener, we just combined these -- these basically two enhancements into one as critical equipment for our maintenance division, since it was for one particular section of our department we wanted to just combine them into this one and make it one package. Cavener: Madam Mayor, follow up. Can you -- I appreciate the mind set to save costs. I think that's the right move and I'm grateful that our departments are looking at that. Can you articulate what our real costs, then, have been on -- on the loader -- if we haven't rented a trailer of any sort -- I guess I'm just trying to wrap my head -- this 35,000 dollars in annual rental cost and I'm just trying to figure out when you say we are going to bring this -- we are going to recoup our investment in three years, that's just related to the loader? Teller: Madam Mayor, Councilman Cavener, that is related, actually, to both pieces of equipment. Primarily to the loader. Current rental cost for a piece of equipment -- actually, smaller than the size we are requesting -- is almost 3,000 dollars a month. Cavener: Okay. De Weerd: Follow up. And I guess just for -- I need some clarification on -- on request number six on the back, it says that we only spent 31,000 in rentals over five years versus 35,000 dollars annually. I'm just trying to figure out which number is correct. That 80,000 dollars, 100,000 dollar difference. Teller: Madam Mayor, Councilman Cavener, the actual correct number would be 31,000 annually. Cavener: Okay. Teller: Yes. Cavener: Great. Thank you. Teller: Okay. De Weerd: Okay. Any further questions? Barry: Madam Mayor, Members of the Council, I will pause for just a moment before we continue and ask if you feel like you need to take a break. We don't have too much left, but I would say we probably have maybe a good 40 minutes Meridian City Council Budget Workshop June 7, 2016 Page 37 of 72 or so, possibly, so -- maybe a little longer. Depends on what you would like to do. De Weerd: I think a break would be good. Okay. We will reconvene in 15 minutes. (Recess: 3:00 p.m. to 3:21 p.m.) De Weerd: Okay. I will go ahead and get the meeting started back up. And we will begin with building maintenance in Public Works. Teller: Madam Mayor, I'd like to kind of go back to one of the questions asked earlier with Councilman Milam about cross-connection. De Weerd: Okay. Teller: I just want to make sure that -- that Council understands what the position is. It's kind of one of those unseen, unheard of the positions that I got to give you a little bit more detail on and our cross-connection control is -- it's a very important program for our city. It's kind of not really the right time of year, because we are right in the middle of testing and making sure that they are all tested within the city. But it's kind of like code enforcement, I guess, for our water system. What these cross-connection inspectors do -- their main duties are to go out and survey properties -- we are targeting a five-year survey cycle. So, if you can imagine if we have 10,000 of these locations that we have to go to, these are both commercial and private locations . We go out and we look at the premises and we inspect them for -- for hazards and potential hazards that they could have and some examples of these could be dental office that have equipment and stuff that are hooked up to the water system . People that have private photography studios. Churches that have baptismal pools. Anything that you could have a hose or some kind of a connection -- connected to our potable water system that could get either pushed back or sucked back into our -- our water distribution lines. Another thing that they are also out there looking for that's kind of unique to the area is dual connections . Not a lot of areas in the country have an actual pressurized ultimate source of water that they use for irrigation. This water is unregulated. It's not treated. If that were to be connected to our system and pushed back, which it very easily can -- most of the irrigation lines within the city run at a much higher pressure than our distribution system, so if we had one of these lines connected to our lines or if we had an assembly -- backflow assembly connected to your lines that was not working or improperly installed, that water could go right back into our lines and feed -- it would, basically, slow our wells down and recover that water with irrigation water. So, the cross-connection general inspector we have currently, as we have only had one FTE assigned to this program since its inception, so they have been trying to handle from year one to, you know, what we said ten years ago about 6,000 accounts, that's -- that's a large amount to try to make sure that you're Meridian City Council Budget Workshop June 7, 2016 Page 38 of 72 serving on a -- on a five-year cycle, making sure that tests are sent out --notices are sent out, tests are received, the data is correct, everything is updated and since then we have added another three to four thousand assemblies to track on top of that. They also are working with Community Development hand in hand with all new development that goes in. So, they are actually going and performing plan reviews for all new construction and tenant improvements. So, when you have a commercial building that -- a bookstore goes out and a dental office goes in, we make sure that we have the -- the proper backflow prevention built into the design on that and they also follow up to make sure that it is installed properly after it is constructed. So, this additional cross-connection inspector will be assisting the current inspector with these field duties and, like I mentioned before, there are administrative duties. It's just like code enforcement, they have got to go out, they have got to inspect, they have got to make sure that things are done properly, but they have also got to make sure that things are done on the backside properly, so that we maintain an accurate database and we can protect our system the best we possibly can. So, I hope that kind of explains what the cross-connection program is and what these positions are and why they are so valuable to us. They definitely are the eyes and ears making sure that our system is protected from anything that has happened or that can happen in the future. De Weerd: Thanks. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Thank you for the clarification. That did help a lot. I'm just picturing them keeping a database of cross-connections and why do we need two people to do that. So, I really appreciate the additional information. What percentage of time would you say they are out in the field? Teller: Madam Mayor, Council Woman Milam, the percentage that they are out in the field -- during the winter months -- another thing to explain about our backflow prevention program is they are all tested and they are all operational during -- the majority of them through the irrigation season. So, basically, from March, April in through September that is when we are the busiest. That is a lot of investigations, follow up with customer issues, finding the problems that we have. So, it's probably 50 percent to 75 percent during that time. In the wintertime it's mostly in the field surveying. That's when it's our slow time. We have the ability to go out and do commercial buildings. They don't run a -- on a calendar of a season, so a lot of their stuff is inside and protected. A lot of the irrigation accounts are not. So, they are four seasonal. We spend a lot more time surveying and in the field in the wintertime. Meridian City Council Budget Workshop June 7, 2016 Page 39 of 72 De Weerd: Thank you. Appreciate the clarification. Okay. I will turn it over the building maintenance and Public Works lumped together. Barry: All right. Madam Mayor, thank you. Max Jensen and I will be presenting the few enhancements we have for the building maintenance and Public Works components of our organization and up first we actually have building maintenance enhancements, followed by the Public Works one. Max will talk to you about the two City Hall Plaza and parking building maintenance items and, then, I will address the market analysis and the Idaho Power It Starts At Home animation. So, with that I will turn it over to Max for building maintenance. De Weerd: And where do you want them to turn in their binders? Barry: Public Works. Okay. I'm not really sure. I thought it was Public Works. Where is it, Todd? Lavoie: City Hall. Barry: City Hall. De Weerd: That was a test. Barry: That's right, we launched -- you did it with the General Fund. I guess I failed miserably on that one. I apologize. De Weerd: Okay. Max, go ahead. Jensen: Good afternoon, Madam Mayor, Members of the Council. So, for those of you that don't know me, my name is Max Jensen, I'm the manager of the capital projects and facilities division of Public Works. I have two budget enhancements to present to you for today. The very first one here -- in 2015 the Department of Justice assessed the City Hall campus for compliance with the ADA standards. Two noncompliances were documented and a pending settlement agreement and that was shared with City Council last year. The first of the two is at the amphitheater. Two designated wheelchair spaces are supposed to be provided in the front row. The current configuration is a continuous chair seating and does not allow for the wheelchairs in the front row. So, this first enhancement is for removing two areas of the existing seating and constructing two designated wheelchair spaces in the front row. Those spaces are -- De Weerd: And even if we don't agree with it we still have to do it; right? Jensen: For compliance, yes. De Weerd: Just clarifying. Meridian City Council Budget Workshop June 7, 2016 Page 40 of 72 Jensen: And for the second one, it's at the City Hall campus parking. The east parking lot needs -- needs to have the corrected ADA designation parking sign stall installed at the correct height. The current one is not the correct sign and it's installed at the incorrect height, of course. The Broadway Avenue parking needs another ADA designated parking stall, a designation parking sign and ADA accessibility ramp. So, this second enhancement is for addressing the east parking lot sign, marking the additional required parking stall on Broadway with paint and sign and cutting out a portion of the sidewalk and replacing it with an ADA accessibility ramp. The one that's in the picture. De Weerd: That's not legal? Jensen: What's that? De Weerd: So, the sign there is not legal? Jensen: This picture I took over at the Meridian Police Department Public Safety Training Center. De Weerd: Oh. So, that one is legal. Jensen: Right. De Weerd: Okay. Jensen: So, we need to add a sign. We need to add the paint. The aisle and cut off concrete to have the slope. De Weerd: Thank you, Max. Council, any questions? Bird: No. De Weerd: That has no comment. Bird: Madam Mayor. Max, on your building maintenance I see you got 63,000 -- or 64,000 in there and what is -- what is that covering? Is that going to fix the fly situation up in our -- off the roof there and our barrel? Jensen: Madam Mayor and Councilman Bird, what you're looking at is a bookkeeping error. So, the 12,000 that was in there before the fly is -- is actually going to be taken out of there and struck out, so what it's going to be is 52,000. De Weerd: So, Mr. -- Meridian City Council Budget Workshop June 7, 2016 Page 41 of 72 Jensen: Yeah. So, it's -- probably taken out and installed, it's going to be 51,343. Lavoie: Madam Mayor, Councilman Bird, Max, just to give you an update, the items that we provided you earlier this morning -- that Jenny provided you with changes, there is a 12,000 dollar change for the City Hall function. That's what you're referring to. We provided you the top level summary sheets. We did not go in and provide you with the 5-D part, we were trying to limit the amount of documents we provided during that time period. So, what you're doing -- Bird: That's my fault for not looking at the right place. De Weerd: Well -- so, if you will just note under replacement building maintenance would be 63,000 minus 12,000. Bird: Yeah. Be down 51 something. Lavoie: Correct. Right. Jensen: 51,343. Bird: Thank you. Jensen: You're welcome. De Weerd: And we didn't think getting rid of flies was worth 12,000 dollars. So, we bought some fly swatters. Actually, we went to a conference and got them free. Okay. Tom. Barry: All right. Thank you. I will just move this along here. So, next we have two enhancements in the Public Works Department. This will be in the Public Works section of your budget document. Bird: Are you sure? Barry: I'm pretty darn sure this time. All right. First we will start with the market analysis. So, the Public Works Department and the Human Resources Department have been working together for a few months and both in conjunction with our Mayor and the Public Works liaison to talk about challenges that have continued to mount in regards to filling key positions in the Public Works Department, particularly in the engineering section. We have been running a vacancy rate for the last year in the engineering section of about 30 percent. If the -- about ten staff there, have been down three positions. We just filled recently, after a long delay, the project manager position. I don't know if -- Jared was here earlier. It looks like he -- there he is. There is our newest project manager for the department. Thank you, Jared. He comes to us from the city of Meridian City Council Budget Workshop June 7, 2016 Page 42 of 72 Caldwell. So, we are grateful that he's joined us. And that leaves two positions still available and we are having a heck of a time recruiting engineering level positions. This has been a trend that has occurred for quite some time . So, we started some dialogue with the help of the Human Resources Department to do an initial check with other jurisdictions locally on how their experiences were going and we found, actually, the very same situation Nampa, Boise, Caldwell and the like. We even noticed this is the case in United Water, which is now Suez. So, we have tried to evaluate what the issues are in and around the vacancies and also the time it's taken to fill vacancies and the compensation levels that people are having to move towards in order to acquir e talent in organization and it's all pointing to, essentially, a project that we have been underway for maybe two to three months now on with Human Resources, which is a market analysis for those critical positions. Preliminary data from the market analysis shows that while in many cases we are in alignment in some areas of the organization, there are several key positions that we are not aligned from a market standpoint and that is not only the case with Meridian Public Works , that is the case with several of the jurisdictions locally. So, with the help of the Finance Department we've been doing a market analysis that they have been utilizing their resources for and we are grateful to. We initially -- when we put this enhancement together over a month or so ago, month and a half or so ago, we had to take a guess as to what we thought maybe the full impact might be on some sort of market analysis number. I'm happy to say that the preliminary data we have received back shows that 225,000 that's being requested here is far above what we believe we need. Preliminary data suggests that we should be able to make adjustments based on the market analysis results that would come in less than half of this number. So, that's a good -- that's the good news story. I do want to make a statement in regard to this enhancement in that I don't believe that we should be considering this as an enhancement. I would much prefer to see this as an amendment to our budget and the reason that is is because we -- once we find the data out, which we are -- we have got the data back, we are just churning the data and making it presentable and getting ready to walk it through the appropriate vetting and approval processes. I don't think it's fair to ask our staff to wait five months for an increase that they have coming to them based on the market analysis. That is not in accordance with compensation policy, nor is it in accordance with the Department of Labor standards for the state of Idaho. So, my preference would be to pull this enhancement and with your approval come forward to you with an amendment of an amount about half of what's being requested here. As a placeholder in that amendment we feel strongly with the Human Resources staff that we won't need more than that and, then, they allow for that process to move forward and for the amendm ent to take effect once the data has been substantiated. We strongly believe that we can have all of that work done before the end of this fiscal year, so looking at the amendment process such that -- and recognizing that it ends in June -- no additional amendments are allowed after June, we feel like we can move forward with an amendment here in the next couple weeks and take care of this business probably in July or so, if not sooner. So, what we did do, however, is we placed it Meridian City Council Budget Workshop June 7, 2016 Page 43 of 72 in there as an enhancement just as a placeholder in the event -- because we weren't clear on what the timelines were going to be when we undertook the project and now that we have the data back we feel like we can move forward more quickly than we had anticipated. So, the good news is we think it's going to be less than half and I don't know if it's good or bad news , but we would also like to ask for your concurrence in taking this out of our budget as an enhancement and putting half of it in as an amendment for this fiscal year to take effect as soon as you authorize that information. So, I will pause for a moment of time. I can imagine you probably have several questions about this, so before we move forward I will give you a moment to ask questions. De Weerd: Well, Tom, I think that when it's finalized it will come for discussion in front of Council. Barry: Uh-huh. Yes, ma'am. De Weerd: So, probably more important to talk about it then. Barry: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- though I think Tom is right, we need to figure out whether are we going to leave the enhancement in are we going to take it out? De Weerd: Council, if -- once we do a market analysis and we find that we are severely out of line -- out of market, there is a requirement or a duty to bring it into line. So, it would have to come back as a budget amendment and we will work with Finance and HR when those numbers are finalized. Barry: Thank you, Madam Mayor. Okay. The next enhancement is a little more light-hearted. We have an opportunity here to partner with the Idaho Power to extend the It Starts At Home video series. You may have seen one of these shows. This is an award-winning series that has been developed to showcase and educate the public in regard to our water system, our wastewater system and also Republic Services partnered with us on the last one to highlight garbage and trash removal under the theme that, you know, all of these services really touch people in their home, meaning it starts at home. So, I was approached by Idaho Power staff a month or two ago, maybe a little longer than that, to inquire as to moving forward on this series and including an electrical component. This was something that was in the plan years ago -- I should say maybe two years ago, but was dropped for a couple different reasons. The opportunity has resurfaced. Idaho Power has actually repackaged their approach and has also suggested that they could contribute much more to the project in and around Meridian City Council Budget Workshop June 7, 2016 Page 44 of 72 their in-kind contribution. So, come to find out that Idaho Power has quite an extensive capability in regard to video editing and also development of videos. You may have seen some of their recent videos on their Centennial in the series that they put together on that. So, the project that's being contemplated now comes at a significant discount compared to overall cost of these things in the past, because Idaho Power is generously donating a lot of B roll or what we call background footage. They will be donating studio time. They can be doing voiceovers, video editing, and those types of things. So, they are interested in doing a video -- very similar to what we are talking about to serve all of their customers and so they have said, well, we will let you use all of that information and we will even let you tailor it to Meridian residents, but you will have to pay for that component. So, that's what this 17,000 dollars is, is to kind of tailor a segment of the program to Meridian customers where we think we can talk about things like electrical use at the treatment plant, conservation approaches and policies that the City of Meridian is utilizing, the energy efficiency at City Hall, the police station, a number of different things. The best news here is that this conceivably would cost us nothing, because we do apply for grants or incentives, if you will, from Idaho Power from time to time for projects that meet their conservation strategies, and this 17,000 that's being identified here is actually a redeployment of those incentive funds that we expect to receive on a project coming due here pretty quick. So, this is actually, we would suggest, a no net increase -- or, actually, a no cost project for Meridian ratepayers, since we will just be reprogramming the Idaho Power money that we would be getting back as an incentive to do this project. So, we are pretty excited about that, both in cost and also in the way we finance it. So, that is all we had for Public Works Division of the Public Works Department. De Weerd: Council, any questions on this last content? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Tom, maybe you can go back through slide number two related to the video package. Why should we bring this in as an enhancement if you anticipate grant funding coming for this, that we don't just do it as an amendment once you receive your grant funding? Barry: Well, certainly, Mr. Cavener, we could do tha t. The idea behind the project was to shore up funding to give Idaho Power essentially the go ahead for them to approve -- for them to put into their budget and approve money for their budget or essentially staff resources to work on the project with us. So, it's, essentially, more a good-faith gesture. We could certainly wait until we have incentive monies and, then, redeploy that through an amendment later. That would work just fine and, then, we could give the Idaho Power staff, you know, some sense that the Council is supportive of it, we are just going to do it in a Meridian City Council Budget Workshop June 7, 2016 Page 45 of 72 different way. I think that would be totally fine to do it that way as well . We typically include them as enhancements, because you folks tend to like to know what's on the horizon for us and where we are going to spend our money and what projects we are working on. So, that's why it made it into the budget. De Weerd: Well -- and we need spending authority, so we've done this in our Police Department with the grants that we anticipate and that that money would only be spent if the grant was received. Anything further? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, is that known that it would only happen if the grant is received? Barry: Madam Mayor, Councilman Palmer, it's -- I want to make clear it's not a grant. It's a reimbursement -- it's not even a reimbursement, it is an incentive that comes back to us in the form of a rebate when we comply with their energy conservation initiatives in the rebate program that they offer. So, it's not a -- it's not a grant. I know it sort of sounds like a grant, but technically it's not. We intend to receive those monies and use those monies for this project and that's the budget authority we are asking for. If that doesn't come we would not likely move forward on this project, unless you provided approval through the Enterprise Fund to move forward. De Weerd: So, I think what the question is is that you can put parameters that if the rebate is not received the spending authority is not granted. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Understanding that it's a rebate, Tom, can you provide some explanation to Council about what other types of projects those rebate dollars could be used for? Barry: Uh-huh. Cavener: And maybe -- I think we have used those dollars on other projects here at City Hall in the past, maybe for every Council Member to share what some of those have been. Barry: Sure. So, my understanding of the rebate p rogram is that there is no strings attached to it. Much like the hundred thousand we got back for City Hall, we are able to deploy that to any number of things. I think -- I think the City Council used partly of some of it for art and partly some of it for other energy Meridian City Council Budget Workshop June 7, 2016 Page 46 of 72 efficiency projects I think at the police station. Typically what we would like to do is keep that funding in a -- in a mechanism that is what it was intended or what it was received for. So, some sort of energy conservation type of program or project. Essentially, when we did our turbo blowers we used variable frequency drives at the wastewater treatment plant for the turbo blowers and we got a big -- we were eligible for incentive there. Those monies come back to us and could be redeployed to offset really anything. The budget cost, if we want to say, oh, well, that just lowers our cost by X dollars or could be used for education outreach, environmental programs as some of the dollars have been used for or can be just returned to the ending fund balance and not used at. Maybe for future offsetting of other projects or just to build a fund. So, really, there is no strings attached to it. We would like to redeploy it to, you know, sort of -- use the money for the same reason we received the money, which is for energy efficiency and in this case to reach out to the public about things that they can do at home and things that we are doing in Meridian to help conserve money. The wastewater treatment plant, for example -- or Wastewater Resource Recovery Facility, is the largest consumer of electrical power in the entire city and we have been doing quite a bit out there to curb those costs and we think that there is some good stories there the public can learn from and I think even businesses can learn from as well. So, again, that's the reason we think there is good benefit to putting this to this type of work and not just to showcase what we are doing, but also give ideas on what folks can do at home and to also allow Idaho Power to reach out to their consortium as well, which happens to be our ratepayers as well. De Weerd: Mr. Cavener, in the past to the rebates I'm aware of they have gone back into the General Fund. The monies or rebate we got with City Hall, Council at that time wanted it to be used exactly for the reason we got the rebate . It went into incentives for energy, small business start-ups that were energy related and because the public art piece had reusable and energy-efficient -- certain qualifiers to it, they put it into public art. So, it's been themed, the money that I know of, and rebates have been used for the purpose they were received for and I think this is consistent with that. Any other questions? Okay. Stewart: Okay. Madam, Members of the Council -- I think everybody knows me. Warren Stewart. I'm the city engineer. Austin Petersen is our utility and streetlight coordinator and he is -- was gracious enough to let me come and make this presentation -- De Weerd: How very gracious. Stewart: -- on streetlights. So, I'm going to talk to you a little bit our streetlight enhancement, which is, of course, a General Fund enhancement. Typically and historically we have -- we have requested 50,000 dollars a year to do streetlight projects within the city project. Those streetlight projects -- projects have focused in two areas. One within safe walking routes to school -- in other words, Meridian City Council Budget Workshop June 7, 2016 Page 47 of 72 enhancing lighting on routes that kids take to get to school, as well as putting streetlights in areas that may deter crime. So, we have focus primarily on those things historically and it's been 50,000 dollars. You'll notice that this is significantly higher this year. There is embedded in this 150,000 dollars -- it's the same 50,000 dollars that we generally ask for to do those same types of projects. In this particular one there is 20 -- or there is 30,000 dollars which will install streetlights that are in the same types of areas. In other words, a safe walking routes to school, dark intersections, school bus stops and so forth. So, there is 30,000 dollars which is set aside for that, which is consistent with what we have done historically. There's another 20,000 portion of this, which is, essentially, the city's match for a grant that we jointly applied with ACHD for and we received to do -- it was a local highway safety improvement grant that basically -- in conjunction with ACHD will pay for street lighting along Cherry Lane between Meridian Road and Linder, which also happens to be a significant walking route to school. There is many kids that walk that route. But our particular portion of that grant is 20,000 dollars. ACHD has paid 75,000 dollars for the design out of their pocket. They will also be contributing another 18,000 dollars towards the construction. The estimated cost for those lights is about 312,000 dollars. So, for our 20,000 investment will be getting about 412,000 dollars in value, not including the 75,000 dollars in design work that ACHD has already paid for. So, I think that's a pretty significant return on our investment. The final 100,000 dollars is -- well, you may remember -- some of you -- in 2013 we came to the City Council, city staff did, and -- to talk to them about -- to talk to Council about doing street lighting along the roadway improvements to Settlers Park when it -- ACHD did the Ustick Road project. There was some question at the time as to whether the city -- we had actually received questions from outside -- whether the city was going to follow its own policies for street lighting and put streetlights along that corridor and so we brought that question to the Council and the Council direction is, yes, you should go ahead and include that street lighting, so that it is consistent with what we would require private sector developers to do. So, we went forward at that point and worked with ACHD to get that included in the design for the improvements to help with the Ustick Road improvements . ACHD has -- is going to pay for all of the conduit. They are also going to pay for the streetlights at the intersections, as well as the intersection approaches. But the city will be paying for the balance of the street along that corridor. So, that's the other hundred thousand dollars. It's not necessarily typical what we would normally come back with, but we were directed by Council a few years ago to include it in that project and with that I will stand for any questions. De Weerd: Any questions? Okay. Thank you, Stewart. Tell Austin you did a good job filling in for him. Barry: Madam Mayor, to finish out our presentation, you have heard about all the enhancements we are requesting in regard to the fiscal year '17 budget. We have been asked also -- all the other departments have been -- to talk about future challenges briefly and put in context sort of what we should expect in the Meridian City Council Budget Workshop June 7, 2016 Page 48 of 72 next fiscal year, perhaps those thereafter. So, I wanted to talk briefly about our enhancements -- in particular for the operational variability that is inherent in this process and in two different contexts. First, business and budget cycles and, second, we are in a mid-course correction. So, first, I wanted to present this graph to you. This is a graph borrowed from just classic statistical process control diagrams and this, essentially, talks about estimate variance when we put together projects and, you know, on the left-hand side of the axis there is the estimated variance, on the bottom is time, and greater uncertainty occurs earlier in time, whereas you have less uncertainty later in time. So, typically the high -- or the two yellow bars there represent the high estimate and the law estimate when we are putting a project together. The bars -- or the red arrows in between the high and low estimates are, essentially, variance or the amount of variance in our estimates. So, when we put a project together typically the concept stage where we are conceiving the project, trying to figure out what the -- what the criteria -- success criteria are, what we are going to have to actually do, that happens earlier in and, of course, variance tends to be fairly high. As we move forward into design of the project we get more information and we are able to firm up the actual estimate until finally we get to a point where we are able to create a bid and we get the information back from the bid and that's where we get th e actual cost. Now, this all makes sense to everybody I'm sure. However, sometimes we are criticized for creating situations -- or maybe not creating, but for the reality of situations whereby amendments are needed along the way, because the budget process that we are involved in right now doesn't necessarily coincide with this business process for generating project estimates . So, for example, right now for some of our projects we are giving you estimates that are in this range, because we are pretty early in the project concept stage, where in other -- some of our other projects we are a little further along in the design stage, so we can give you a little better accurate -- accuracy in regards to the budget. So, we don't really know until we get to the bid what the actual cost of the project is going to be. And typically we do fairly well, but on occasion, you know, we are either under and in some cases even over. So, that's why amendments sometimes factor in and that's what I was referring to earlier in the presentation about this sort of -- this flexible budget approach that we rely on as we move through the fiscal year to compensate for those types of variances. The second thing that we also wanted to point out is, essentially, course corrections or mid-course corrections and I have mentioned to you this when we talked to you about the sewer cleaning truck. When we put our budgets together -- for example, let's take a budget in fiscal year 2012. That budget gets put together in 2011, just like today's budget -- or I should say fiscal year '17's budget being put together while we are in fiscal year '16, but I got to rely on earlier data. So, we take projections based upon past trends and sometimes as we move forward in time those trends either increase or decrease. This is actual data that shows required corrections that we have to take in the development of our budget. For example, the capacity expansion project at the Wastewater Resource Recovery Facility has been moved up, because growth has accelerated beyond our initial projection. So, we have increased the number Meridian City Council Budget Workshop June 7, 2016 Page 49 of 72 of wells that we are planning to add to the city's well field and the like. So, we just wanted to keep that sort of in context as we go. We don't have a crystal ball and we don't have all the answers today. This is a constant process and sometimes these processes are juxtaposed to one another and sometimes they conflict with one another. So, let's get to department challenges. We have three main areas that we are -- we can categorize our department challenges kind of going forward. The first is in maintaining levels of service. The second is sort of accommodating new regulations and the last is growth. So, when you look at all of these together, they drive our cost of doing business, every one of these, both independently and collectively. So, let's look at them just very quickly independently. I cannot operate this department in fiscal year '17 and do all the same things I did this year at the same cost . I can't do it. There is no way to do it. I have electricity that increases. I have chemical costs that increase. We have natural gas and fuels that increase . Labor increases. Equipment and materials -- and the list goes on. In fact, the CPI tracks this stuff and this is the CPI actual numbers on inflation. These are national numbers. They're not Idaho numbers. And you can see they vary, you know, by year, depending upon economic conditions and whatnot. But cumulatively over the last nine years there has been a 16 percent increase in the cost of doing business just on the CPI nationally. Now, if you look at this in the construction field and you use the ENR, what's called the Engineering News Record numbers for the construction cost indices, you see that the number is much higher for the same time period. It's almost 26 percent. Ten percent higher. That has a lot to do with labor availability, cost of materials and supplies and those sorts of things. So, our cost of doing business rise simply by doing the same thing next year that we did this year. Now, we also have increases to service levels. Some of these are directed by the City Council. City Council has asked us to extend services to south Meridian and those services are going to cost us eight million dollars to do. We have water treatment for brown water. We were directed to improve water treatment for our water system and those water systems add additional cost to our -- to our overall budget. Odor controls, the Wastewater Resource Recovery Facility are also service level increases that we have to accommodate. So, the two together compound one another. From a regulatory standpoint the regulations do not stop. This is -- these are like waves on an ocean. Every single wave crashes is -- seems like a new regulation for us and these add enormously -- and particularly at the wastewater treatment facility it adds enormously to our cost, requiring us to increase staff, upgrades to the equipment, upgrades to our processes and I have got some examples here. Just in this new permit that we are going to receive we have to sample four times more often than we have been in the past. So, instead of 1,000 samples we have to take a month, we have to take 4,000. We have four -- or we have four currently in our permit effluent limits. We will have 14. So, they almost -- almost quadrupled. The number of reports and plans that we have to file increases by sevenfold and we're going to be going and monitoring and measuring performance down to the parts per trillion basis, instead of part per million bases. All these impacts cost us money, whether it's advancing the technology to meet these requirements, Meridian City Council Budget Workshop June 7, 2016 Page 50 of 72 increasing the number of projects to have the technology, increasing number of staff to run those -- that technology and those equipment and processes and, then, overall increased personnel, operations and maintenance costs accordingly. The third leg is growth and growth is a big driver for us in our budget as well. I think you have seen this slide before. On the left side we have a map of the U.S. This is something we looked at last year that the -- United Van Lines put this migration study together and in their study they found that the state of Idaho is blue here, along with some of the other blue states -- all the blue states identified here are states that people -- De Weerd: We are not a blue state. Bird: We are not a blue state. Barry: Well, I don't know if United Van Lines knew that or not when the put the graphic together, but they have actually recolored that for you. Anyway, the dark -- what do we call that? Dark -- De Weerd: The dark gray. Barry: Navy. Yes. Navy color. Are all the states people are moving to. Idaho happens to be the fourth most desirable state in the entire nation right now. That's where people are moving, according to United Van Lines who did the study. And I'm sorry we don't have a lot of people in the room. You can't see on this right-hand side the two population numbers here, but this shows t he Idaho population change year by year and this shows the City of Meridian and you can see while they both go up, the City of Meridian significantly outpacing Idaho's growth, but that's nothing new to you. I thought this would be kind of fun for you to see, kind of what this means. So, in 1920 this is what the town looked like ten years after incorporation. Less than -- about a third of a square mile. By 1990 it looked like this. In the year 2000 it looked like that. Then between 2000 and 2010 it grew significantly and, then, 2015 it looked like this and, then, with the latest annexations and projects, we have added significantly more area. So, the town is growing like crazy. But sometimes we don't realize until we look at things like this as to how significant that is. When you go back -- I mean let's just go back to 2000. So, 16 years imagine the water and sewer infrastructure and sewer and water lines and wells and lift stations, all that has to be added to the city in order to accommodate this growth and the same is true in the General Fund service area. We have to add additional police officers, additional firefighters. We are covering more area. We have got more to do. So, that increases, essentially, the cost of doing business as well. These are the actual numbers. You have seen this before, so I won't dwell on this. But we continue to see a rise in both commercial and residential development and it doesn't look like it's going to stop. Mr. Lavoie had mentioned that -- at least for another two years we are going to be in this -- in this boat based on projections. So, what does that mean? Let's sort of give some statistics here. Idaho is the 12th fastest growing Meridian City Council Budget Workshop June 7, 2016 Page 51 of 72 state in the nation. There are 20,000 cities in the United States. We are number nine when it comes to pace of growth right now. Meridian has been the fastest growing city in Idaho for two decades straight. Between 1990 and 2000 our population tripled and, then, it doubled again between 2000 and 2008. We don't have the latest numbers. What does this mean in Public Works? That means we are struggling in Public Works. I may be quite frank with you. We have a lot of infrastructure, a lot of things to do in a very short period of time. We're adding infrastructure, equipment, materials and supplies, human resources, and all of this means that our growth is occurring in the form of expenses in our budget. So, the budget process is a fantastic process, because it really is a process whereby we are making and meeting and managing commitments. So, we make commitments to the City Council that we can provide the type of services that you made commitments to the community each time you approve a subdivision. So, it's all about us working together to meet those commitments. Just to give you a sense, about -- for the last 12 to 18 months there has been an average of about 130 ERU permit, equivalent residential units that are permitted per month. That means based upon our census numbers we are adding roughly about 3 75 people to this community every month or about 4,500 people per year. We are adding a thousand accounts every year in the department as well. So, what does this mean? If we just look in the last two years for the Department of Public Works we have had to add in a two-year time frame 46 miles of water lines, 406 fire hydrants, four wells, 53 miles of sewer line. This is enormous. So, it stands to reason that we are going to have increased budgets and we are going to have a need for increased staff. There is no way around it. We cannot maintain the service level and grow the way we are growing in addition to trying to maintain service levels without growth and meeting regulatory requirements. This is what the forecast looks like for the department moving forward. Over the next ten years we believe that we are probably going to be in at about 375 million dollars. Two hundred of that will be capital projects and 175 of that will be personnel, operations and maintenance. So, from the capital side about 50 percent of it will be growth related capital, 12 percent will be replacements and 38 percent will be upgrades. Largely regulatory driven. The developers pay all of the growth related components. That's why we model and we adjust the hook up charges or the assessments. The ratepayers pay for everything else. So, 275 million dollars of ongoing operations, maintenance, and regulatory compliance components. But there is good news. As our budgets increase year over year and they will continue to increase year over year, so does our revenue. As we add new people to the city they pay connection charges and they are paying their fair share of the rate. What our job is to do is to make sure that we balance the receipt of revenues against the expenditures and budgets and what I'm here to say is that we seem to be doing a pretty good job of that. We have stabilized the fund and we do see -- while this graph shows that we are spending more currently and have been for the last few years, that was forecasted. We are able to weather that, because we are spending ending fund balances that were saved up during the time where we didn't have a lot of growth and we didn't have a lot of folks being added to the community. The next couple of years beyond fiscal Meridian City Council Budget Workshop June 7, 2016 Page 52 of 72 year '17 looks like we get back to a point where revenues and expenses come back into alignment and stabilize and that's what we are excited about. So, we are managing through a bit of a hump, a bit of an expense hump right now, but that doesn't mean that we are going to return to budgets from a personnel, operations and maintenance standpoint to budgets we have today. So, again, as I mentioned, cost of service continues to rise no matter what. So, specifically in our department here is the challenges we are going to be looking for over this next year or two. We are going to continue to add water treatment facilities. Our maintenance programs continue to have to grow, thus, the enhancements that have been requested today. SCADA complexity. While it's wonderful to have SCADA, which is, again, Supervisory Control And Data Acquisition technology, it's complex stuff and -- and it's getting more complex. But that's going to continue. Aging plant infrastructure, as well as repair costs -- the treatment plant was built in 1976 and it's been under construction ever since, mostly due to growth expansion, and so there is a lot of new components. But there is a lot that still needs to be upgraded and Laurelei spoke to some of those projects earlier. Increasing operational costs we have mentioned already and, then, the need to determine the future or reuse. This is something that we will have to bring back to you as a separate discussion, but our reclaimed water program is something that we need to talk about, because the new permit kind of changes the game in regard to how valuable that program there may or may not be. From a growth perspective we are going to continue to add new wells and storage facilities. New water and sewer lines. We have this capacity expansion I talked to you about. Again, this will all increase maintenance and operation costs and also staff requirements. On a regulatory standpoint we have the unregulated contaminant monitoring rule number four, which is UCMR-4 coming in fiscal year '18. This is going to require us to sample for things that aren't yet regulated , but the EPA would like to have regulated , so we have to develop data on that and, guess what, that stuff can cost us tens of thousands to over 100,000 dollars. That's big money to -- to sample. Lead and copper rules, as well as the revised total coliform rules -- there is additional tweaks going on in those areas that increase our operating costs, particularly from a sampling and inspection standpoint. The new NPDES permit -- we have already talked long and hard about that, so you know there is a big cost coming associated with that. And, then, 24 hour staffing is going to also be required for the new permit limits in certain areas of the wastewater division. That's going to increase our operating expenses. And, then, again, as we talked about reclaimed water or the reuse -- well, we also want to talk to you about the reuse permit which is coming up for -- is coming due for the reappropriation, if you will. All right. So, this is what it means financially, kind of moving forward. Essentially, we expect to continue to increase our capital spending probably about four or five percent next -- from fiscal year '17 to fiscal year '18. The operations an d maintenance will probably increase by another three percent from fiscal year '17 to '18 and, then, personnel increase about five percent with the addition of about four to six additional staff in fiscal year '18 budget. So, you're not surprised about that. Now, that always leads to the next question. You know, how are we going to pay for all of this Meridian City Council Budget Workshop June 7, 2016 Page 53 of 72 stuff; right? Well, we continue to model this and we continue to come back to you every year and share with you the results of those models and tell you how we are adjusting or making adjustments to both projects from a timing standpoint, the addition of staff, all the way down to operational changes that we are making, try to improve efficiencies and those type of things. So, we will continue to do that. But right now the forecast that we have in the model for the next ten years looks pretty good. It looks pretty stable. So, that's good news as well. So, I just want to put that in context for you and with that we are, essentially, done with our presentation and we will stand for any questions that you might have. Just lastly I do want to thank both Kyle and Dennis and Max and Warren and Laurelei and Clint for co-presenting with me today. I think they did a fabulous job and I appreciate all of your preparation time and experience in sharing that with the Council today. So, with that we will stand for questions. De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I do. And it's maybe something that -- to chew on between now and July 20th. Excellent presentation and data. One of the larger things that jumped out in reviewing of the material is the -- and you described the reason why, but use of the existing fund balance to fund a lot of the capital expenditures for this coming fiscal year. It showed the use of just a little over 18 million of the fund balance, leaving a projected balance of just over 14 million. When I look at that figure in conjunction with next year's expected cap ital outlay for the Wastewater Resource Recovery Facility upgrades, six -- almost 17 million dollars, it appears as though the entire available fund balance after reserves is to be allocated next year; is that correct? Barry: So -- Madam Mayor, Councilman Borton, it certainly appears that way. Now, what isn't included in the numbers that you have is next year's revenues. So, we will get all of next year's revenue that will add to that and offset. So -- and that's what the model does is it takes in those revenues, it adds an inflationary factor to -- and a growth factor and these other sorts of things. So, to get into the specifics of the model it could take us some time and I would be happy to meet with you separately and go through those, but suffice it to say that the model does reach out ten years and it incorporates all of that information and does project the ending fund balance and shows that with reserves as capable of sustaining the short-term expenses and then -- and, in fact, I kind of don't want today this, but maybe I will give you a little hope, we are hopeful that if we can get through this swing, we may be able to reduce the EPA surcharge that we put in place a few years ago earlier than we had thought. So, that's what we are kind Meridian City Council Budget Workshop June 7, 2016 Page 54 of 72 of keeping our eye on at this point in time. I would say there is no reason to worry at this point in time, based upon our analysis so far. Borton: Madam Mayor, kind of tied to that is -- there was some discussion about the way the General Fund can allocate reserves towards repair and replacement, depreciation, capital improvement, planned expenditures. Is there -- is there room for that concept -- not today I understand, into the forecast for the Enterprise Fund as well? So, when we are looking at those reserves that are -- we call them unallocated reserves, really, they are. Is that concept being followed? Lavoie: Madam Mayor, Councilman Borton, to answer your question, the answer is yes. We can incorporate the same philosophies to both the Ge neral Fund and the Enterprise Fund and we are continually discussing those avenues to plan for the future and develop for the future. So, I think over the next many months you will hear more dialogue from the Mayor, from Finance and the supporting departments on this concept of developing reserve funds for the city's future. Borton: Okay. Barry: Madam Mayor, if I could just add to that. It's a fantastic question, Councilman Borton and our rate model already incorporates that philosophy. So, you can see our replacements and our repair projects are already separated out that way. We just haven't done it through the city's financial process, if you will. So, we are modeling that way and we are kind of -- kind of working together with the Finance Department to get the General Fund and the Enterprise Fund to take that step together. So, hopefully that helps. De Weerd: Okay. Any further questions? Thank you, Public Works. Barry: Thank you. De Weerd: We appreciate your being here and each of your presentations. Up next is our Police Department. Okay. We will go ahead and continue with our Police Department budget presentation and I will turn it over to Chief Lavey. Lavey: Madam Mayor, Council, thank you for the opportunity to speak toda y. This is a little unique for us, because we always seem to go last and going first under the General Fund is different for us. A couple things. I heard Councilman Borton say I would hate to follow that last presentation. Really , the last few slides Mr. Barry justified what we are going to ask for today. So, really, I think our slides are just going to compliment what he had already said. In fact, I would probably just submit handwritten right away and that would suffice. I also worry sometimes that -- I like to do things a little more simpler and so comparing my slides to his is often not fair, but I think you will see this year that some of our slides have a lot of data on them and because of that I have simplified the Meridian City Council Budget Workshop June 7, 2016 Page 55 of 72 presentation I'm going to give today and hope that we can go fairly quickly to get to the point of discussion at the end. And, then, I also have a -- a couple of handouts for you that I would hope that you take back, process, look through them, and ask questions -- hopefully before July 20th, but if not on July 20th. So, we have a lot of data. The other thing is is I heard Councilman Palmer say something about a friend watching online and think you all should wear funny hats and I looked in my office for a funny hat and I really did n't have one and at the time he said that there was only two people watching, so I figured it was either me and that person, but I have a hat for you, but, in fairness, we only had one, so I didn't bring it, so -- Palmer: And he was in Cleveland, so -- Lavey: I want to talk about the budget dollars at work and what we basically did is went back and looked at some of the things that we presented to Council last year and I really want to talk about what we did with those dollars. As you recall we were in a -- a pretty lengthy construction phase for not only the training center, but the department remodel. Both of those are complete. They were complete under budget by about 360,000 dollars, so that's always nice. That money went back into the General Fund. However, we did use some of that money to offset some of the other projects -- other repairs around the facility, rather than bringing up enhancements this year. The fleet coordinator position -- this person has been fired. It's -- we hired her from Fairly Reliable Bob's. She was the service manager for Fairly Reliable Bob's. She had been there for many, many, many years. First week she was on the job she already submitted to Chevrolet for reimbursements for repairs that we paid for that we shouldn't have paid for, because of recalls. She has proven herself already and what's unique about this -- because we are going to talk about it later on, is that she is a civilian position and she took over a role that was currently -- or was previously done by a sworn position. We took that sworn position, reallocated that within our office of professional responsibility and we now have a civilian not only doing the patrol cars, she's doing the entire fleet for the department, so it's gone quite well. We have added smart phones to the patrol officers. Gives them the ability to contact our citizens -- stay in contact with our citizens on cases. We added a motor officer position. This was a grant position, so we are in year two of -- of the grant position. It will run out after FY-17 I believe. In FY-18 we have to cover all costs for that. De Weerd: And, chief, is that a tiered contribution? So, 75 percent, 50 percent, 25 or -- Lavey: Madam Mayor, Council, it was a little bit more unique this year -- or this last year, because it is a tiered position, but because of the one grant we submitted failed, the state went and grabbed other funds, so I think it was n't quite 75, 25, 50, 50 like it was. I don't know what those breakdown s are. It is tiered, but not in those same figures that we are often familiar with, because it's state Meridian City Council Budget Workshop June 7, 2016 Page 56 of 72 grant monies, not federal grant. We added two additional patrol officers and we added an executive assistant to our nonsworn staff and I'm happy to say that we have had the ability to reach our deadlines with Finance, because there was quite -- quite often we were not meeting those deadlines with a lot of all our -- our bills and other things and I think our command staff will testify to you that the person that we have in charge of the finances now is quite demanding on invoices and when to submit them, so -- been quite successful. These are the successes that we really want to talk about. We hear this every single week. We celebrate this every single week. But this is the thing that we need to remind ourself. This is why we do what we do. We are the best place to live in the United States. I heard that in Tom's presentation. I'm reminding you again. You will probably see it again and again and again. We are the best place in the United States to live. When we often see those comments, whether it's USA Today or the Wall Street or some other public safety publication, they are always citing low crime rate, public safety, and, again, Kudos for Parks for the reason why this is a great place. The other thing is I would like to celebrate -- and I would like to have Lieutenant Colaianni briefly explain what it is for some of the other Council members, but we just went through our reaccreditation for the Idaho Chiefs of Police and what's unique about that is that when we -- three years ago when we submitted our request to be accredited, we were the 14th city in the state to be accredited in the entire 88 cities within the state of Idaho. They told us that we would have that accreditation for five years and, then, they changed the rules to three and so Lieutenant Colaianni has had to work diligently two years ahead of time to try to get us reaccredited and it presented a challenge with the -- the building remodel, because in the building remodel we made changes to evidence, changes to protocol and it really -- it created a -- some work for him. So, I would like for him to just briefly touch on what it really means to be accredited with the Idaho Chief of Police Association. Colaianni: I'm always brief. You should -- not really, but -- Madam Mayor, Council Members. Yeah. Thanks, chief. Ninety-four areas is what the ICOPA standards come in and evaluate within our department. Ninety-four areas -- everything from how we process new hires, the procedures we have in place for use of force, pursuits. How we handle evidence. How we handle discipline internally. How we are accountable to the public. How we are accountable for our dollars. Our public outreach program. Ninety-four areas they come in and evaluate every three years and it's a daunting task, because you have to have these programs not only in place, but you have to show where you are ac tually doing them. You just can't throw something in the file and say we do community policing. It goes beyond that. They want to see what we are doing and how often we do it. You can't just say, well, we book our evidence this way. They go into the vault, they audit it, they grab items off the shelf and they make us produce where they were at, that they were booked correctly. They make us show our use of force reports, our complaint process -- everything. It's very, very involved and we did really well. Probably one of the best in the state by their comments and it all ties in with the policy manual that we developed a few years Meridian City Council Budget Workshop June 7, 2016 Page 57 of 72 ago through Lexipol. It all comes together to professionalize the department, you bring in a camera program, we are accountable, we are transparent and it worked out very well for us and so it's a big -- it's a tremendous hat off to you guys for supporting us in those area s, because it does take money and it does take time, but it pays dividends in the professionalism of our department. Lavey: Thanks, Scott. I would also like to give Kudos to the -- the entire command staff for making that possible and also to Terry De ardon. Terry is an attorney that contracts with the city through the city of Boise . Terry has an amount of time built into our policy manual , into our policy for our body-worn camera program, our entire department, he has invested his lifeblood into what we do and it's been a -- a major part of why we are successful and I bring that up, because two hours ago I just got some news that was going to be upsetting, is that Terry has put in his two weeks notice and it had been my desire to bring him on as in-house counsel for the Police Department for several years and it just really didn't jive with our budget and the timing and Sheriff Bartlett has hired him as an associate legal counsel. Starting in two weeks. So, that was a little frustrating that I got that news, but big Kudos to -- to Terry and the command staff for making that possible. And, then, I also just want to thank our entire command -- I mean our entire patrol -- not even our patrol staff -- our entire department staff for really believing in the city and believing in our mission and doing what they do to make our -- our city a safe city. It does not go unnoticed. De Weerd: As you can tell. Lavey: We look at it as we are investing in our future. We have great pride in what we do, but we also want to make sure that this is the best place that we possibly can for our youth, for our kids, for my kids and we need to continue to celebrate those successes of being one of the safest. But that's the good news. Well, the bad is next. That's all right. I jumped ahead. These are some of the quality of life factors that we do enjoy. We are the best city in the U.S. Safest city in Idaho. Second safest city in Idaho. We are not the first. We are not the safest city. So, I guess it gives us something to strive for. I will tell you under last year's staff we were the third safest city and now we are back to the second safest city. So, we are progressing forwards, but I just don't know how to kick Rexburg out of the way, because Rexburg is the -- is the safest city in the state of Idaho. But I think second is not -- it's not number one, but second is pretty darn good. You hear Tom mention that we are the fastest growing city in the state of Idaho and we are the ninth fastest growing city in the United States. I say that, because as we grow it puts greater demand on the services that we provide. Public safety must grow to maintain or improve our current level of service and the exceptional quality of life that we enjoy and the low crime rate that we enjoy doesn't just happen and if we value what we have, we have to do everything in our power to hold onto, if not improve, what we have for th e future. And I say that, because I have asked our staff to do some crazy things. I have asked them to do more with less. I have asked them to look at every single efficiencies within Meridian City Council Budget Workshop June 7, 2016 Page 58 of 72 our department and make changes to what we do to try to maintain that level of service. We have taken the fleet coordinator position and made it civilian and put the sworn back in. We have a -- as we talked about our enhancements today, we have a proposal that would take a sworn position and put it back in patrol and add a civilian in. We have actually looked at our task force. We have removed a person from our task force, because we didn't think we were getting our money's worth. We looked at our other task forces and say are we getting our money's worth in this task force and the answer is yes. The sad thing is is I'm coming to the point where I have to ask what are we willing to give up, because we just can't maintain that level anymore without adding staff. And, really, our presentation today is mainly going to focus on stats and I'm going to share some stats with you, some brief stats and, then, I will give you some -- some additional stuff to chew on as we leave today. Early today in Todd's presentation he gave you a chart that showed, you know, the level of employees and the level of citizens. A graph. But this one is specific to police and you're going to notice that there is a bigger gap than there was on general employees. But -- oh, I jumped ahead. Sorry. We will get to that in just a second. I felt tha t you needed to know the makeup of the department currently before we jumped into staffing and this is our current makeup. We are broke into four divisions. Administration. Patrol. Community Service. Investigation. We currently have 97 sworn officers and we have 24.5 nonsworn. That .5 is a part-time position in MADC. And, then, these are the enhancements we are going to talk about. I just have it listed here in narrative form right now, just so you have them on your mind as I talk about the rest of the presentation and, then, we will discuss them toward the end. We are asking for four more patrol officers. We are asking for a code enforcement supervisor that would be a civilian position. It's currently being supervised by a sworn position. We are asking for a records retention analyst. We are asking for a school resource officer. We will have more on that at the end of the presentation as well. We have some CID vehicles. We are requesting a data records. And, then, you have heard the presentation on the cradle point data connections for the cars. This would complete the rest of the fleet. We looked at several different factors as we go through staffing needs. We look at all our different measurables. We looked at the -- our performance indicators, such as our call to service. We look at staffing projections that we have -- we had over the years with what we think we are going to need based upon the growth of the city. We looked at the benchmarks for the local agencies, as well as we are a member of the benchmark cities in the United States. We have 25 like -size departments, so we can look and see what they do in a whole bunch of different areas. You will find that when I -- my presentation today is only going to talk about the local agencies. However, I put all the stats in a binder I'm going to give you today that covers the benchmarks across the United States. We looked -- for the call to service we looked at our current staffing levels, we looked at the building permit growth here in the city and we looked at the geographical growth of the city. Tom has already provided you some of those slides. You kind of have an idea what they look like. I have a cover slide that really kind of tells the same thing, but it's -- it's used differently, so it kind of gives you a chance to Meridian City Council Budget Workshop June 7, 2016 Page 59 of 72 look at it in a different -- different way. There is a graphic by itself. There is your level of population versus the level of staffing as a police department. So, what I would ask you to do is look at this draft today, go back and look at our budget summary and the charts listed on the police department and, then, go back and look at the staffing levels for the entire city. Do that within the next 42 days I think it is, it will help with what we are proposing. We talked about -- I thought I changed that. It's not really an audit. We actually did a full detail study -- an internal study for staffing levels, looking at all those factors that we have just mentioned and we gave the presentation to the Mayor, community resources, to Finance sometime in April and they already have a copy of this presentation. I have an electronic version for the clerk's office and, then, I'm going to hand out a hard copy version for each staff member. So, I can do that now so you have them. De Weerd: Don't give it to them yet. Lavey: I know, because they are going to thumb through it. It won't make any sense right now what I'm talking about. Just take it. Don't look through it now, because what I give you in this presentation doesn't match with what's in there. And I will tell you that after the -- the staffing study it was quite alarming that based upon our current levels of service, our growth of our city, both in geographical layout and in population growth at seven percent, it says that we need nine additional officers to continue the level of service that we currently provide and I realize that our revenues are only so much and that there is not a lot of money to go around to fund the entire city, so I said everybody is going to go crazy if I ask for nine additional officers and, then, the other thing was, as I said, that maybe we need to have a third party look at this and look at our staffing needs. They will look at our staffing model, to look at is there diff erent staffing models out there that we could do things differently. Is -- is our called for service in our geographical layout justifying the request that we made. Is nine realistic. Is it unrealistic. Should it be more. I will caution you that when outside parties look at this, the number is -- is often more than less and so I think our -- our at nine is probably more conservative. But our current plan is in October, a s we have already identified, a consultant that can actually do this external staff study for us, because we need to have a long term plan for staffing for this city for us to survive and maintain the same or greater level of service that our citizens expect. This is just some of the slides here and you will see these slides in your presentation today and it really just gives you a -- an idea of what our -- our neighbors are doing or what stats our neighbors are facing and it gives -- not just our neighbors, but like size cities. Twin Falls and Idaho Falls or the Pocatello Police Department. And so you will see in the -- in the presentation I gave you I just handed out to you the total calls for service, the public initiated, the officer initiated, the number of officers, the number of nonsworn employees, population levels, officers per citizen, citizens per officer, calls for service per officer, calls for service per 1,000 citizens in the squares of the city. I don't know what the magic number is to say we need this many officers because of this. And, hopefully, th at Meridian City Council Budget Workshop June 7, 2016 Page 60 of 72 this external study can actually say, well, you can use this to add your number of officers. I know that we have said in the past that we don't have the same crime levels as other cities and so we don't need as many officers and I will give you something to -- to think about. It's for a simple -- and they are never simple, because they are always ugly, but for a simple domestic violence, verbal in nature, two officers could probably handle that call. For a crash, which Meridian has a few, oftentimes it takes five officers. So, it takes more officers to handle a car crash than it does to handle a verbal domestic violence and I will tell you that we have had 350 additional car crashes over this last year. I'm only going to touch on this briefly and, then, ask you to -- to review it later on, but I mentioned performance indicators and these are some of the performance indicators I talked about. You're going to see a level of -- of benchmarks over last time and you can kind of judge, are we increasing, are we decreasing and I will tell you that there is going to be some things we are going to find on here where our crime is decreasing, while crime is decreasing because of proactive policing, but we are getting to the point where we are doing more reactive policing, because we are responding to more 911 calls than we are officer initiated calls. So, it's -- it's -- it's kind of crazy. And these are just some of those other performance indicators and this is a snapshot of 2016. We are definitely trendi ng up, which is scary. I will give one caveat to this is that you're going to see some figures where 911 calls are increased by like 300 percent. Well, some of the challenges that we have had is that we have transitioned from an old CAD system to a new CAD system and they are not separating them out like they used to. They used to have 911 calls and, then, officer initiated calls, telephone calls, and CAD has not been able to separate those out as much as we would like. So, the broad numbers are correct, but the percentages might be off slightly and I apologize for that. That's out of my control, but I know that our analyst staff and Mike Tanner are working with Ada County to try to rectify that. And these are some of the top crash locations you're going to see on there. I know some of the benchmarks that we provide you is -- is top crime we deal with, top crash locations we deal with. Response times. And this is just a chart of what we already have seen. This is -- I have already really kind of covered this, but this is a snapshot of those last three slides. The executive summary of you will. We are trending up. Our 911 calls are up. Our response times have increased in two areas, not three, and we separate our response times to priority ones, priority twos, and priority threes. Priority there are 911, I need help, I need help now. And we are getting there pretty quick. But our priority ones and our priority twos -- our priority ones are report calls. Our priority twos are -- you know, maybe a noise complaint or suspicious person complaint, something that's urgent , not an emergency. We are trending up quite a bit on our response times, which they I believe I have a slight rise. If not they are within that report I just gave you. Our arrest s are up, both in felonies and misdemeanors. Our crashes have increased, except for fatalities, which, knock on wood, cross your fingers, we haven't had any this year. We had one last year. So, I can say we have a hundred percent improvement, but we are talking one. So, we are a success. These are some of the calls for service I talked about and I really -- I guess I said 300 percent. I should have Meridian City Council Budget Workshop June 7, 2016 Page 61 of 72 said 367 percent increase in 911 calls. I don't buy that, you know, and that's where I talked about there is problems with the -- the CAD being able to differentiate between the numbers. But you can see with an overall of 17 percent increase in -- in report that we have been taking. This was the alarming part and this was really why we need additional support staff. I asked for our records staff aren't keeping track of figures as far as walk-in traffic, the number of times the phone rings, the number of times people come to the cou nter and those were -- if you haven't received them yet, they were supplied to you in those quarterly benchmarks. But we don't have a lot of training data to go on, so I asked them to tell me what the percent of increase was for public records requests over last year and at first they told me 30 percent and I said I want to see the raw numbers. I shouldn't ask that question, because these are the raw numbers for just this year that we are processing for public records requests, 1,356 for the first quarter, 1,281 for the second quarter. We have had a total of 2,637 public records request for that six months. I will tell you that's more than the entire city did for the year, which is averaging about 525 per month. Now, the alarming thing I had was -- and I asked the question with the attorneys was it is because of body worn cameras and it's not. Body worn cameras the public records request had a decrease at first and, then, they kind of trend off and I asked is it because of the public views of government, the transparency and they said, no, really, what it is is insurance companies. That's our biggest requester for our data is insurance companies. As our city gets bigger, we add more people, you get more requests for those reports. We have a few graphs that we have -- because I was competing with Tom, so I had to make it pretty. De Weerd: I'm sure you didn't. Lavey: No. I can't -- I can't take credit for them, but I will tell you that the person responsible is in the room, but she will kill me if I identify her. De Weerd: Well, we all knew who it was. Lavey: So, if there is anything wrong with them -- we have gone through these. These are just some of the benchmarks for you to look at as far as citizens per officers for like size cities. You can see 941 citizens per every Meridian police officer and used to -- thought it would be a good idea to say, well, how many does Boise have? How many does Idaho Falls have? How many does Twin Falls? How many does Garden City have ? There is the numbers. I will tell you that the only person worse off than us is Twin Falls and the deputy chief usually has a comment for that. Would you like to repeat that? Basterrechea: Well, I grew up there and if you follow the crime rate I think it's a pretty good correlation. There is a lot of violent crime in that area. Lavey: So, the other thing that we had mentioned to the Mayor is that every time Lieutenant Colaianni gets on the planning discussions about future -- future Meridian City Council Budget Workshop June 7, 2016 Page 62 of 72 growth, future development to come into the city and when we look at them we just point out, well, beware of this, watch the lighting here, this access here. We don't really talk about the impact that it has upon us and our ability to serve and so every week when you approve something you probably don't see what happens behind the scenes and so this is a really kind of the behind the picture -- is we had a 16 percent increase over '14 and '15 and, then, '16 we have a 25 percent increase in building permits in this city and when we look at this, we haven't seen growth like this since 2008 and we are really close to trending where were at in 2004 and as you heard Mr. Lavoie mention that we are looking at another year or two of growth facing us, I suspect, but I don't have a crystal ball, that we are going to be in that 2004 figure very soon. This is another slide that I would like to just really call your attention to the right -hand part of the slide and this is also in your book, so -- I know it's hard to read up there, but this gives you an idea of how many single family homes that we are building in Meridian, how many multiple f amily homes were built in Meridian. Our commercial building in Meridian and how we are surpassing the largest city in the state of Idaho and those figures are really telling about how fast we are growing. So, let's talk about some response factors. I did this about three weeks ago and I -- I just did it again today driving around, before we came into this presentation, the city and Tom's slides really illustrated it well. Almost I'm jealous, they were better than mine, about where -- it started out small and how we have grown. But as our city grows we have to get from one end of the city to the other end of the city and, then, have resources on that end of the city if something happens somewhere it takes me longer to get there. What really floored me is I heard on the air the other day officers being dispatched to Chinden and McDermott and I said why the heck are we going out there. Because we have now annexed the southeast corner of Chinden and McDermott. I have pictures of the stop sign at McDermott and McMillan saying welcome to the City of Meridian. De Weerd: You mean we moved our signs? Awesome. Lavey: It is a weekly thing, yes. We -- we have grown and so what I did is I timed it, just normal driving, it took me 25 minutes to get from that edge of the city to the police station and that's not during commute time. So, your priority ones and your priority are not lights and siren calls, they are urgent calls or nonpriority calls and that's really justifying why our response times are increasing, because we aren't driving with lights and sirens, we are not getting there as quickly and as safely as we possibly can. It's putting a major burden on our responses. So, I don't recall if they will have it in the slides, but I will tell you it is in your book on the response times. I have shared them in the benchmark and I have shared them, I believe, in your presentation you will have today. But as the city grows we need to strategically place officers within the B areas of the city and I just don't have enough officers for that to happen right now. This is -- so, my slide is not quite as impactful as Tom's was, but you will see on this graph the size of the city limits in 2010, how many square miles it was. You will see the size of the city in 2015 and the amount of square miles that we have increased. Meridian City Council Budget Workshop June 7, 2016 Page 63 of 72 You will see the area in green, which is the planned area of annexation to the south of us and someone said, well, there is houses out there, so it's not really that big of a deal and we -- once that's annexed the sheriff's office no longer services it, so any cow in the road, any shooting complaint, any noise complaint, any car crash, any illegal dumping, anything that you can think of that someone is driving by and -- and commits a crime in that area, a Meridian police officer has to respond to it and as we get that far south -- that's south of Amity -- actually, there is another subdivision just south of there that we are talking about annexing right now and that's Black Rock, which is almost t o Columbia. When the officers are down there and something else happens in the city it takes them a long time to get to that other call. We talked about what's the number of officers that you need -- we have got 97 officers. Well, we do. But those 97 officers are -- make up both Tracy and I as command, they make up our supervisors, they make up our detectives, they make up our school resource officer. They make up our impact team. They make up our traffic team and when you pull all those specialties in, you have 46 officers that are patrolling the city at any given time and this is -- you can look at this later, but this just gives you a breakdown of how many officers per square mile are covering the city at any one time. Here is another chart that's coming up that -- this compares us to the other -- our other like neighbors as far as how we compare to how they compare on officers per thousand. This other chart that's going to come up is taken by COMPASS figures and part of it is population and sometimes the COMPASS figures don't coincide with the U.S. census takers. Although I saw where the latest figures that were released by the U.S. Census were really close, if not the closest they have ever been to the COMPASS projection. But if we use the current staffing model that we have and the projections that we are facing and there is no reason to doubt that we are going to face them -- all right, Sarah, my slide is smaller, I can't even read it. Yeah. De Weerd: Just remember, you have 20 minutes left to speak. Lavey: Oh. De Weerd: Trying to keep you on schedule. Lavey: I will just -- this is in your presentation. I will tell you that the projection is -- for 2015 was 91,310 population, which is what Census came back with, giving you 97 officers. The projection that is coming up for next year in growth projections, we need an additional nine officers. In 2020, based upon your population figures, they are estimating 208,754. I don't know if we will be there. It's scary if we are. Okay. I tried to speed it up and get more staff in here. Okay. Go through this real fast. This is still in the CIP. I know we are going to have the CIP discussion later on, but completion of the training complex at substation and fire station six, I'm still debating on whether we need to do that or not, but it's in there. A substation in The Village. I will tell you that based upon the level of activity we have and Kleiner Park and in The Village, we need to have a Meridian City Council Budget Workshop June 7, 2016 Page 64 of 72 substation there. We don't have time today to talk about the amount of activity and crime that we are dealing with in there, but we will have that for you. We do share it with Mr. Siddoway and the Parks Department every week and it was very alarming to him about how much time is spent out there. So, we value that park. We value that -- De Weerd: He moved the three, so -- Lavey: They did move the -- oh, I didn't even see you there, Steve. We valued the center out there. They are growing another -- what was that, a hundred -- one million -- a hundred million -- a hundred million for the next -- that's only another hundred million out there, so -- and that's still on this side of Eagle. So, we need to look at -- at a substation out there. This is just a picture of your master plan, including scenario village, the training, facility and the shooting range. Unfunded enhancements. You have heard that before in the presentations. As we build up our staffing we must build up our supervision, the span and control cannot get so out of whack, but we also must also remember that we need support staff, because as of -- as we add more patrol staff and officers, they better make more work for the support staff as well. So, you are going to see two patrol corporals, two patrol sergeants that are on the unfunded list. I will tell you that there is still a need for two additional patrol lieutenants. We do not have the 24 hour coverage, seven days a week, out there. There is a -- oh. So, I mentioned two patrol sergeants and I wanted to talk about that. If you approve the code enforcement supervisor I'm going to take that sworn position, put them on the road, and that request will only be one patrol sergeant. But if you do not approve that -- that code enforcement supervisor -- and I have to keep supervising it the way I do, you will need to have two patrol sergeants. A records remodel -- that 6,500 dollars, it probably shouldn't even be on there. We probably should have funded it some other way. We talked about using some of the -- the dollars of savings from the planter project we are going to -- to do it, we just don't want to commit to it yet, because we don't know what the bid is going to come back in as, so we are trying to fund that in another way, but it's on there, because it's currently unfunded. And, then, to the new dispatch center, as you know, they are building a dispatch center in Meridian and we need to have a data connection to it. We do have a data connection through a roundabout way, which has multiple failure points, so this is something that we will need, but it's something that's coming out. These are your enhancements we talked about. I put them in the narrative form, because you can't really read this, but I'm going to show you -- this is in your -- this is in your book, because that's why I show this to you, but I want to go back with it. This is where we are at for our enhancement request for FY-17 and with that -- oh, let me explain -- I think I have done a good job explaining patrol officers, the code enforcement supervisor, the records retention analyst. This person will be dealing with our public records requests, our video camera, body worn cameras. I want to share a -- a fax that I just got this morning. We are coming up on a full year of our bo dy worn camera deployment -- full deployment. We have Clouded over 51,200 videos, which is Meridian City Council Budget Workshop June 7, 2016 Page 65 of 72 6.3 terabytes. That's about 4,266 videos a month and we are pulling in about 142 videos a day. I will tell you that we have an auto tagging program that we are -- well, it's about 90.4 successful -- De Weerd: You get a chance at the end of the discussion. How many videos since they started? Lavey: A lot. I went really, really quickly. School resource officer. The school district put in a request for two SROs. They wanted one for the new middle school and, then, one as a rover. We told them how much it was going to cost them. They choked and they asked for one. I will tell you that Lieutenant Colaianni and Karen in the Finance Department have worked fo r the last six or seven months to come up with a financial structure that makes sense to us what we are charging the school district. I will tell you that we pay approximately a million dollars a year to fund the SRO program and the school district has put in about a quarter of that and I told you that we were trying to come up with every way possible to make this the most efficient and that I didn't feel that I could request more officers if we weren't doing everything in our power to try to get as much revenue as we could. I absolutely support the SRO program. It's invaluable. We saw what happens when the school district cut it back before. I think it would be a huge mistake, but we have nine SROs in the school s, we need nine bodies on the road and if the school district is not paying their fair share, then, those are nine bodies I could use on the road. I'm not suggesting we do that, so what I said was let's come up with a funding structure that makes sense to us. We adopted the same funding structure that Ada County has. We presented that to the school and it was a major surprise to them, but I will say that they accepted it. They are pulling their fair share for the Victory Middle School. They are covering nine months fully loaded of that person while they are in the school and, then, we are going back to the table in -- this fall to say, okay, how are you going to make up the difference for what you're paying versus what you should be paying? We have -- they had a placeholder there, they were going through their own struggles there, so we told them that we would meet them again in the fall to discuss about how to pay back. Really, it rests with Mayor and Council of what you feel, how rapidly we should get that money back. I would probably suggest that we have Karen give a presentation later on in Finance what they really need, but it's hundreds of thousands of dollars that we believe that the school district should be paying for their fair share of the SRO at the school. CID vehicles. Let's go real quick. I talked about pulling a task for members out of the CEA, prescription meds program. We weren't getting our money's worth. While that person was there DA supplied a car. Now that they are back here DA doesn't supply that car, so I have a detective who doesn't have a car. The second -- it's two vehicles. The second vehicle we actually take a patrol officer, we assign them temporarily up into the impact team. What that does is that provides another body in that impact team. It provides a level of experience to that patrol officer. While they are there they don't have a vehicle, but what makes this so important is that when that officer leaves the impact team Meridian City Council Budget Workshop June 7, 2016 Page 66 of 72 and goes back on patrol, they take some of those experiences and those investigative skills they have learned to share with the other patrol staff and, then, we take another and put them up in detectives. That person does not have a car. And, then, the data clerk position and, then, the cradle point connection for the -- the rest of the policemen. The last thing I will say is I have a few copies here that I'm going to -- I will share with you. I will tell you it's on KIVI Channel 6 website today, but it talks about the rural west residents choose lower taxes over law enforcement and it's really, really alarming of the impact that it faces on our citizens. It's really, really nice to have low taxes. I'm one that believes in it wholeheartedly, but there comes a point where there is a price to be paid and so the question I have to ask you today is what are you willing to give up, because I can't go on and provide the same level of service without additional staffing. And with that I stand for questions. I have the command staff here that can answer any specific area that I might have not covered well enough and we are within our allotted time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief, I see you're needing one more SRO officer, but have you -- how are you replacing Mike at the middle school? Lavey: So, we will have -- we, actually, have two SROs that are leaving us. We have one leaving us on Friday and I would remind you that his retirement party is here at City Hall at 8:00 p.m., so if you could make it that would be just great. And, then, we have Earl Scharff, who is leaving at the end of the summer, who currently is the SRO out at Renaissance. Both of those will be replaced with currently patrol staff and, then, we will office -- we will open their positions for entry level officers or -- Bird: That's what the four -- excuse me, Mayor. That's what I mean. You don't -- you're still going to be down two patrol officers even getting these four. You're only getting two additional. Lavey: No. No. These are four additional bodies that will be alloca ted to that. Bird: To the patrol. Lavey: To the patrol. Yes. Bird: But you're losing two to go to SRO. Lavey: But we will hire them, because you have already approved those over the years, so we will hire those bodies. Meridian City Council Budget Workshop June 7, 2016 Page 67 of 72 Bird: Oh, they are existing. Lavey: Yes. Bird: Oh. Okay. Lavey: So, we are currently in the process of backgrounding people to fill open positions or soon to be open positions. Bird: Due to retirement. Okay. De Weerd: Council, other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jeff, I appreciate the in-depth nature talking kind of from a 30,000 foot view. There is a -- I think it's worth celebrating, but I'm hoping maybe you would take a couple minutes to talk about and maybe you can share that background of how you and the departments really been able to reduce calls for service while we have seen all of this growth. Lavey: So, I don't know if it's really reason to celebrate or not, because if you see the trend, you see the numbers go up, you see the numbers go down and I did mention about proactive versus reactive policing and so as our officers are responding to calls that the citizens provide -- or call in on, they don't have time to go out there and do the proactive policing. Unfortunately, one of the many, many calls that we deal with are mental health type calls that takes many, many, many hours of time. For traffic crashes. So, we're having our officer time more focused on dealing with those calls than going out and doing the proactive stuff and so you're seeing numbers drop, but you're not -- I don't know if they are really correlating with what's really happening with this. Cavener: Madam Mayor, follow up. De Weerd: Uh-huh. Cavener: Could you articulate a little bit what some of those proactive things are and how much into an officer's shift is being spent on average on proactive? Lavey: Madam Mayor, Councilman Cavener, yes, there is several different areas that -- that we cover. One is our UI enforcement. If you recall -- I think we are in the second year of that now, of the UI grant, where we have had a grant that covers two officers. We have actually seen a 400 percent increase in DUIs in Meridian City Council Budget Workshop June 7, 2016 Page 68 of 72 Meridian. That's kind of alarming in that did DUIs really go up that much and the answer is, no, they are just now being caught. So , proactive policing in regards to looking for DUI specifics, we have our impact team that actually does -- Sarah does crime analysis for them and tracks patterns and you recall the -- try not to get too much a -- you recall the recent rash of burglaries that we had, we sta rted following predicted patterns and we deployed officers into those areas and we caught the burglars. That's the proactive policing we are talking about. There can be types of calls that come in that the Mayor's office or the chief's office will get repeated calls on and I call them my -- like, you know, my pain type calls, because they are just -- they just need to stop and I will put our proactive policing team on it, say go solve it and oftentimes its solved through arrest or drugs -- drug arrests and that sort of thing. Scott would always want me to -- to remind you of this. We have -- we have two full-time bike patrol officers ride -- either ride their bikes or they will throw their bikes on the back of an SUV and drive out to a substation and ride -- De Weerd: If you hadn't I was going to. Lavey: Yes. And, then, in the summertime if you have -- some of our SROs that we have that aren't covering the schools, we put some in detectives, some in patrol, some work in specialty areas. Officer Gomez was -- was busting people yesterday at Roaring Springs, because he knew the kids and they were doing things they weren't supposed to and, then, we have officers that work bike patrol, patrol our city, patrol our parks, movie night, that sort of thing. Those were some of the types of proactive policing that we do. De Weerd: I would say that Stephanie and -- and the increase you have seen in the neighborhood watch and her prevention program would also fall under that -- Lavey: Madam Mayor, I would -- I would -- I would ditto that. I had seen the numbers. I do not know what they were, but every time we -- we do National Night Out we have a list of homeowners associations that -- that participate and once Stephanie came on board the amount of homeowner associations that have connected with the city has increased tremendously. It was -- it was -- it's a blow-you-away number and I don't want to say what that is, because I don't recall what it was, but it was definitely noticeable. And so that type of positive outreach as well. And, then, Kendall, too, and the -- the Meridian Anti-Drug Coalition and what she does and the prevention stuff that she does -- and I know this doesn't go quite with what you were asking, but I just want to mention this today is our drug take-back program. I walked into work this morning at 7:30 and I come through the lobby and I see them hauling three cases of boxes out of drugs and this was filled just from Friday to Tuesday. De Weerd: So, I think we need to name it after Lieutenant Overton, but maybe that would be awkward. Meridian City Council Budget Workshop June 7, 2016 Page 69 of 72 Basterrechea: The Overtone Drug Takeback. Lavey: Only for him. Basterrechea: Councilman Cavener, I think the question that you were asking -- do we know the percentage of time that it's been on the proactive type of things and that's what this study -- the staff study that's coming up this coming budget year is what we are going to try and find out, is there a hard number on how much time you spent allocated, how much time spent on reacting. De Weerd: You asked that another enhancement request was the priorities in government. That's going to be able to answe r to where staff resources are being spent and how -- what -- what the impact is of that. Council, any other questions? All right. You know, I think that the -- the impact to all of your programs, but also in having the public safety training center, the attention that the command staff spends on hiring the right people that -- that match the culture of our police department all lends to it and would like to extend my appreciate to each of you in the role that you play in continuing to insure that we are a safe community. That means a lot. As I knocked on doors last fall -- and I'm sure Mr. Palmer saw that as well -- people take great pride in feeling safe in their neighborhood. Having a safe community is of upmost import and appreciate what you do. Lavey: Thank you. De Weerd: Okay. Thanks, chief. Thank you all. Now, we have -- oh. We have the attorney. (Recording blank for 3 1/2 minutes.) Nary: -- he's not the only attorney that works with our Police Department, but he has certainly been the lead person we have worked with the closest over the last number of years. It's a -- it's a big loss to the city of Boise and it is a big loss for us as well. But the -- for those that don't know, the prosecution and police services contract has been with the city of Boise since 2002. It's been a good partnership with the city. We have had different city attorneys, but they have still maintained that partnership with us. There are slight increases annually based on, essentially, their budgetary impacts and their changes. The contract includes, essentially, the equivalent of two full-time prosecutors, a one and a quarter full-time support staff, a police advisory team of three attorneys that come out to our Police Department three half days per week and as well as 24/7 access to their on-call team. We could not reproduce this for what they charge us for and it is a great service to us and -- and it's not just the cost, because, again, the quality of service is really the expectation that you all have, as well as your public has that they get quality advice , quality service, responsiveness, all of those things -- and the chief talked briefly about the public records and we will Meridian City Council Budget Workshop June 7, 2016 Page 70 of 72 get to that in a second. Those are the things that we have received in this contractual relationship that has made it very valuable to the city. The costs are kind of hard to read. That's why I sent paper copies around. You can see there was one jump in one year on the costs that were significant. They did, essentially, a major readjustment to their compensation program in the city of Boise a number of years ago, so you will see on that paper there is one year there was a fairly big jump. Otherwise, again, they have been fairly modest, again, based upon their changes and their compensation and benefit program to the city of Boise. But they have all been somewhere in the three to five percent annual increase. And so the cost is still very affordable to us to maintain that. I won't belabor the statistics. The chief talked about some of this a little bit, but this is the amount of services for prosecution cases that we have had for the city of Boise, the number of offenses that have come in. Cases and chargers are two different things, but they are generally related, because one individual case may have multiple charges that get disposed of, so that's why that second number is larger. But you can see as the volume just continues to increase it becomes a very -- a very difficult caseload to manage and having a team like the city of Boise that's already there -- they have actually now branched out and are doing prosecution for the city of Garden City as well, because they are getting more efficient because they are already at the court house. These are the types of offenses. A little hard to read on the screen, but it's in front of you. This is different types of offenses that we have that come from Meridian Police over to the city of Boise. These are the charges that get disposed. So, again, just a little more detail for you as well. Again, the -- the legal advisors that are on site I think most of our officers and the command staff will tell you are a great tool and an asset to have, because they are approachable, they are responsive, they are able to meet with both officers and our victim-witness coordinators, so that we know where the cases are, what the status is, how to make sure that the cases are being handled and if there is contact that needs to be made or there has to be communication with the victim, that it gets done. So, it's a great -- a great service that we receive and we certainly are appreciative of that and I intended to have them come in two weeks to do an on-site presentation from them, so that you can kind of get a little more of the detail. Today I just wanted to give you the highlights of what this does and, again, what the long-term look at this is. Again, the large volume of requests -- as the chief told you in his presentation, that public records requests are overwhelming. I mean the amount that we have are huge and some are -- some are very routine and some are very complex and all of them have to be reviewed by an attorney in some form or another, at least in the sense that if it's a routine request we have a protocol that exists. If it fits that protocol they can process the request. It's very minimal oversight. Some are not so routine, takes some time. This is just the police side. This is not the ones that we would process in the clerk's office that our other legal staff reviews, but just the police ones and you can see, again, the numbers are very large. There is legal update training. And, again, we got great training for our officers from this service and this contract and it is consistent through the valley. That's the other additional value that I think we receive is our officers get training. They gear it Meridian City Council Budget Workshop June 7, 2016 Page 71 of 72 towards our command staff and our policies, as the chief told you earlier . Terry was instrumental in helping get our police policy manual up and running. But because Boise does it for the Boise officers, as well as our officers, and now they also do training for other agencies as well, like Eagle and for Garden City, you get a consistency across the valley of how these are being -- how things are administered, how cases are involved, how arrests are made, what the current state of the law is. I think it's a great valuable tool. And, again, the 24 hours in contact, again, there is no way to know on a given day when that 's necessary and having that capability to have that on -call service that's responsive and quick and able to get a warrant if it's needed, able to get advice on what to do, is a great tool and a great asset to our department. Those are all the slides I had, since I really wanted to just highlight that one contract . The question always gets asked is when do we need to change and every year the chief and I evaluate that situation and it has been affordable and great service and to me that's -- that's what you're looking for in a contract of service. If you don't get good service, it doesn't matter how cheap it is. If it's so expensive that it's just not practical no matter how good it is, then, you have to reevaluate. We look at it annually as to what's the greatest value for the city. Today with the courthouse downtown, where it belongs, that's probably the best place to have prosecution services, because they are three blocks away, not nine miles away. If that maintains the same I would think the prosecution services should remain the same. Right now the cost of this police advising it has been very consistent and very reasonable to us. It's been less than 100,000 dollars of the total contract, so it's much more affordable than having on-site personnel. When that number gets higher or our needs get greater, then, I think the chief and I will be the first ones coming to you saying we need to make a change and here is why. Today we don't have that. Today we have gotten great service. I anticipate the people -- they have done a great job there with his service in bringing up newer people and training them, so it isn't just totally relying on Terry or it isn't just totally relying on one person. Again, Terry has been a great asset, because it's just his nature, but they have done a good job of bringing on the newer people to get them trained , so they can provide us seamless service and I anticipate that's going to continue and I guess in a couple weeks we will hear from them directly. So, do you have any other questions. De Weerd: Thank you, Bill. Council, any questions? Bird: No. Thank you very much. De Weerd: Okay. I would entertain a motion to close the public hearing -- Bird: So moved. De Weerd: -- for the special workshop. Bird: So moved. Meridian City Council Budget Workshop June 7, 2016 Page 72 of 72 Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T/�� DE WEERD ATTEST: / OLMAN, CITY CL /GO�Q�RATEOq,1 (O� .r jDlA °4HN SEAL ° D TE APPROVED W / ::�/: //_ TE APPROVED Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4L PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 26, 2016 City Council Meeting 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 July 26, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 26, 2016, by Mayor Tammy de Weerd. Members Present: Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener. Members Absent: Mayor Tammy de Weerd, Joe Borton and Anne Little Roberts. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Josh Beach, Warren Stewart, Berle Stokes, Dave Jones, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _O Mayor Tammy de Weerd Bird: Good evening, everybody. It's 6:00 o'clock. I'm going to call this meeting of July 26th, 2016, City Council meeting to order and roll call, please, Madam Clerk. Item 2: Pledge of Allegiance Bird: Thank you. Now, if you would all stand we will have the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Troy Drake with Calvary Chapel Bird: Next we will have community invocation by Pastor Troy Drake of Calvary Chapel. Thank you, Troy. Drake: Council Members, let us pray. Lord God in Heaven, we just want to acknowledge tonight that you are God over Heaven and Earth and all things an d we just, Lord, ask that you would bless this country of ours. Thank you for the freedoms that we have in the United States and also in the city, this community that we live in and so, God, because of that we just ask that you would bless the citizens tonight to keep him safe, Lord, so we also ask that you would protect those who protect us , the law enforcement officers, the firefighters and paramedics, God, as they go about their duties to serve us and, lastly, Lord, we just pray for our City Council meeting here tonight that you would help these folks carry out their duties, those elected officials that serve our city, and that you would give them great wisdom and lots of grace as they attend to matters of the city, both small and great. So, be with them and we appreciate Meridian City Council July 26, 2016 Page 2 of 57 you and just acknowledge that you are our God and it 's in Jesus' name we pray, amen. Thank you. Item 4: Adoption of the Agenda Bird: Okay. Thank you, Troy. Council, next item is the adoption of the agenda. Cavener: Mr. President? Bird: Mr. Luke. Cavener: 5-D, the proposed resolution is 16-1152. No. 9 under ordinances, the proposed ordinance is 16-1701. And with that I would move that we adopt the agenda with the President to sign and Clerk to attest. Milam: Second. Bird: You have heard a motion to adopt the agenda as amended. All in favor say aye. Any opposed? Pass. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 12, 2016 City Council Workshop Meeting B. Commercial Real Estate Purchase and Sale Agreement for Well Lot #9 Expansion for the Not-to-Exceed Amount of $35,000.00 C. Data Exchange License Agreement with Intermountain Gas Company D. Resolution No. 16-1152: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to sell a 2005 Ford Explorer to the Kuna Rural Fire District. E. Final Order for Hill's Century Farm No. 4 (H-2016-0072) F. Findings of Fact, Conclusions of Law for Harmony Hills Assisted Living (H- 2016-0061) G. Findings of Fact, Conclusions of Law for Brundage Estates (H-2016-0001) Meridian City Council July 26, 2016 Page 3 of 57 H. Amended Development Agreement for Fall Creek (MDA-H- 2016-0009) I. Final Order for Heritage Grove No. 4 (H-2016-0071) J. Final Order for Whiteacre Subdivision No. 1 (2016-0073) K. Final Order for Kenners Subdivision (H-2016-0079) L. Final Plat for Normandy Subdivision No. 2 (H-2016-0084) M. Final Plat for Normandy Subdivision No 3 (H-2016-0085) Bird: Item 5 is the Consent Agenda. Cavener: Mr. President? Again, with 5-D being 16-1152, I move we approve the Consent Agenda. Milam: Second. Bird: Okay. We got a motion to approve the Consent Agenda. Madam Clerk, will you call roll call, please. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Community Items/Presentations A. Valley Regional Transit (VRT) Lifestyle Service Bird: Okay. Item 6, Valley Ride Transit. Lifestyle service. Morris: Thank you, Mr. President, Council Members. My name is Todd Morris and I'm a regional planner at Valley Regional Transit and I'm here to talk to you tonight about a new initiative that we have been working on titled Access to Independence and it's a lifestyle transportation service that's designed to address the needs of seniors and persons with disabilities. So, I will provide you with a brief kind of overview on -- on the process that's led to the development of this solution . So, Valley Regional Transit worked with various kinds of partners within the Treasure Valley, Boise State University, Boise At Home, various senior centers, and the list is kind of provided here on how do we develop a proactive solution to address the needs of seniors and persons with disabilities. We know this is a population that is going to be growing significantly over the coming years and how can we develop a service that is going to adequately deal with and support their needs. So, it led us to, essentially, developing Meridian City Council July 26, 2016 Page 4 of 57 the design criteria, which led -- which consists of, okay, we want to ensure that it's going to be able to provide access to quality of life services, you know, trips to grocery stores, trips to hair appointments, essentially ensuring that we can provide that. Easy access to those daily needs. In addition to that, the service needs to focus on integration into the community. We want to be able to find an outlet for these individuals to be able to interact with their community and their surroundings and, finally, the service is going to need to be convenient, reliable, and familiar and these are kind of the core concepts that we worked with over the past couple of months that led us to the development of what we are calling our lifestyle transportation services. Since this is a service that is community-oriented and actually community operated, where we seek out to partner with local organizations to actually be the service provider for the -- for the service. It's going to designate small service areas, essentially addressing that key component of convenience, reliability, and familiarity. It will also be able to, essentially, designate a vehicle and a driver to that service, again, focusing on the familiarity of the service. And, finally, it's going to be able to be provided free -- free transportation to any location that's located within that service area. So, throughout this process we, essentially, designed our lifestyle solution and we started to think about what communities we want to look to effectively pilot this solution and as you can see here, the City of Meridian is that kind of big white area in the middle with limited fixed-route public transportation. So, this is an ideal candidate for us to initiate this lifestyle service. So, what we first did is we went out and started to talk to members of the community. We formed a Meridian Transportation Taskforce and I believe there are some members here today that are a part of that taskforce and we, essentially, reached out to members of the community, providing kind of a general overview of the solution and asked them if this was available to you how often would you use it. We got pretty -- pretty positive numbers in terms of the proposed amount of usage for the service. The next steps were to look into, okay, well, what are the destinations that you would absolutely have to include within each one of the se service areas, so we have participating providers essentially provide a list of the top ten destinations and, then, we simply took those destinations and mapped them out. So, it's from this kind of data set that we were able to start. We included some additional information from them. It was a key priority to be able to transfer between the two service areas and so we have adopted that criteria into the service design and, then, there is also a key function to develop social trips, essentially, where we can designate that every -- every Tuesday morning we are going to be doing trips to Walmart -- to Walmart or Walgreens, essentially, to kind of develop that -- that social atmosphere that could be associated with using the service and there is just another overview of the solutions that we are -- or, excuse me, the destinations that were developed and that finally led us to taking a look at all that information , analyzing it, and effectively coming up with a northern service area and a southern service area. As you can see here, essentially, the northern area is that -- is that area in green and, essentially, it extends just passed Highway 26 and, then, along the east side to -- essentially that's Cloverdale Road and, then, all the way down south. The southern area extends to Amity Road along the -- essentially the Meridian city limits down to Black Cat at the western-most extent of the service. In addition to that, we are also looking to partner with the Meridian library on Cherry Lane to, essentially, establish that transfer point Meridian City Council July 26, 2016 Page 5 of 57 where we would be able to -- because there is overlap between the two service areas, so we, essentially, would be able to take the individuals to the Meridian library, have them hang out for 20, 30 minutes while they are waiting for that second vehicle to take them to the next destination. Brief overview of how the service model is going to work. As I mentioned before, we are partnering with a community organization that's acting as a service provider and we've identified Harvest Church , which is just down the street, to be the -- be the service provider and so, effectively, as they are -- as in assuming that role they are going to be providing the drivers, reserving the trip requests and kind of providing the overall administrative functions of the service in coordination with Valley Regional Transit, which will provide some additional assistance. So, here is kind of an overview of the service model where individuals needing a ride will actually contact Harvest Church . Harvest Church will, then, insert all those rides into a database that allows our service at Valley Regional Transit to generate the manifest and, essentially, alleviate that burden on behalf of Harvest Church and, then, we can, essentially, add -- just upload that onto tablets that are mounted in their vehicles for their drivers to follow. So, all the -- each vehicle that's going to be designated in the service is going to be equipped with an accessible passenger -- accessible wheelchair lifts and the capacity will seat up to 14 passengers and the service hours, as you can see here, are designed to be from 9:00 a.m. to 3:00 p.m., Monday through Saturday. So, the -- I guess this kind of jumps into the -- the next agenda item, effectively, in looking at the addendum. We are looking to utilize funds that have been dedicated to Valley Regional Transit, essentially, engage them and activate them in order to support the implementation of this service. As you can see here, that will consist of the procurement of two accessible vehicles, the marketing and administrative support, as it's going to be a fundamental -- the success of this program is to ensure that we have -- we build up a sound -- I guess a following and a -- and a robust education of the community members on the services that's now going to be available. And, then, driver training costs to kind of bring Harvest Church up to being a high-quality service provider and, then, just general start-up costs that are associated with -- with that process for Harvest Church. This is an overview looking at the operational cost of the program moving in. The program is set to begin in October and because it's going to be a new kind of piloted program, Valley Regional Transit is -- is allowed to match the funds at, essentially, an 80/20 match with our federal support and as you can see there the ask for 2017 is right around 40,000 dollars to support the operations of the program and that number jumps up to 96 moving to 2018 as that match will move to a 50-50 match. But it is the intention of the program to continually be advocating for the service and identifying new financial partners to be able to make up the additional support needed to support the program's operation. And just a brief overview of the -- the schedule moving forward. This -- this presentation was presented to the Meridian Transportation Commission . They recommended approval to City Council last week and we are going to be orienting Harvest Church and kind of kicking off some of the startup training initiatives and, then, moving forward. The biggest hang-up that's I guess causing us to push back to an October start date is we will need to purchase two new vehicles and the procurement process for that to take place. It's going to take about four to six weeks from the time that we can actually Meridian City Council July 26, 2016 Page 6 of 57 activate the funds. So, again, looking at a pilot launch on October 24th. I guess I will stand for questions. Bird: Any questions, Council? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: A couple questions. Todd, thanks for being here. I think this is -- I have been working trying to find a safe and reliable transportation mechanism for senior s and the population for about eight years, so I'm interested in this. My question is on the community party element. Morris: Yes. Cavener: What happens -- again, I think this is new for the community partner -- if this is something more than they are able to handle, they have -- you know, they have to go in another direction, what happens at that point? Morris: So, essentially, we are signing into a year contract with Harvest Church. If -- if halfway through the year they are starting to look like they're not going to be able to continue the service moving into FY-18, then, essentially, Valley Regional Transit would go out and seek to try to find an additional community partner. I think that there is -- there is a vast majority of partners out there that would, essentially, jump at this opportunity to kind of serve their community. So, that would be the plan moving forward is to just identify an additional partner. Cavener: Mr. President, follow up? Bird: Go ahead. Cavener: Todd, I hate to push back on that, but I guess -- if that proves to be unsuccessful ultimately will VRT be responsible in making sure that if people are requesting rides that they get rides? Morris: Sure. Because the operations that are currently in place for transportation within Meridian is actually provided by Valley Regional Transit, although it's at a very limited scale. If we were to move forward and, essentially, did develop a demand and put this service out there, ultimately that is something that Valley Regional Transit could ultimately provide. However, we are confident that we would be able to identify additional partners. Cavener: Mr. President, maybe one additional question then. And I preface this that we were in our budget hearings last week and, obviously, the topic of making sure that every dollar is accounted for came to light and I appreciate you kind of giving us the Meridian City Council July 26, 2016 Page 7 of 57 option to forecast dollars that might have to be spent in future years. I think every time Kelli comes here I -- I ask her about ridership and usage and -- and I guess what I'm looking for is from your perspective -- a year from now you're going to come back and say this was a success and we want to continue doing it. At least that's my hope. Morris: Yes. Cavener: Have you guys quantified what that number is as far as rides or riders that -- Morris: A successful program is going to be 20 one-way trips per day per service area. So, a total of 40 trips -- a total of 40 trips across the city and so what I do want to provide is, as I mentioned before, is Valley Regional Transit does currently provide a service in Meridian for this population. They, essentially, kind of kicked in November out of necessity of there was just simply no options available into Valley Regional Transit, to assume that role. As you can see it was, essentially, kind of skyrocketed from that point with really no marketing whatsoever out there. So, that's what we are -- so that's kind of the -- I guess provide some confidence in us that we are going to be able to satisfy that demand. As I showed in the implementation costs, we are committing a significant amount of resources to the marketing -- effective marketing of this program. Cavener: Thank you. Milam: Mr. President? Bird: Mrs. Milam. Milam: I am -- I'm a little bit confused about the slide with the -- all of the finance -- there we go. Morris: Excuse me. This one? Milam: Yeah. Morris: Uh-huh. Milam: So, 2017 -- Morris: So, 2017, the funds are going to be made available at an 80 -20 match, because the program is a pilot program and so you see for each s ervice area there are roughly about 100,000 dollars. The local contributions needed are only about 20,000 dollars, because it's at an 80-20 match. Moving forward that 80-20 match turns into a 50-50 match and that's -- Meridian City Council July 26, 2016 Page 8 of 57 Milam: I didn't mean to interrupt you. I guess my first question was why they stay the same year by year if we are having the cost of the vehicles in the first year , are we adding vehicles every year? Morris: No. So, the costs shown on this slide are strictly the operational costs. It's assuming that we have secured the 60,000 dollars to support the implementation of it and this is what the ongoing operations of the service -- which includes preventative maintenance and administrative support for the program for that FY-17. Milam: Mr. President? Bird: Mrs. Milam. Milam: I think my only other question was -- I think you have administration and marketing in one. Did you have a breakdown of those or is it one -- Morris: Both of those items are, essentially, combined as it's going to be a significant amount of resources that are going to be provided on behalf of VRT to support the marketing initiatives. Milam: Do you have a breakdown of how much would be marketing and how much would be administrative support or -- Morris: I do not at this time. I know that we -- we wanted to factor in some additional support for -- for administration, but we have marketing costs that are going to make up approximately 20,000 dollars of that. Milam: Okay. Thank you. B. Addendum No. 1 to FY16 Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Lifestyle Service Bird: Any other questions? Okay. Thank you, Todd, very much. Council, we do need to enact on Item B? Hood: Mr. President? Right here. Bird: Oh. Caleb. Hood: Just to be clear. So, the second item on the agenda after the presentation is , essentially, what you see on this slide. It is an addendum to the current agreement that the city has with Valley Regional Transit and here is a breakdown of what that 60,000 dollars that's already in this budget for what was the Saturday fun bus, to be reallocated, repurposed to get the start-up costs for the '17 -- potentially '18 and potentially '19 off the ground and running. So, this slide I think does a really good job Meridian City Council July 26, 2016 Page 9 of 57 of your next action item, if you so choose to support the service, where that -- were those funds would go. Bird: Thank you very much, Caleb. All right. Anymore discussion on anything? Cavener: Mr. President, seeing no other discussion, I would move that we approve addendum number one to the FY-16 cooperative agreement between VRT and the City of Meridian for this lifestyle service. Milam: Second. Bird: We have got a motion and a second to approve the addendum number one to the FY-16 cooperative agreement. Any discussion? Hearing none -- Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I just want to point out that it takes a lot of federal dollars to run this program and the federal government does not have money to be providing to the program, so I'm voting against it. Bird: Any other discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Item 7: Items Moved From the Consent Agenda Bird: Okay. We had no items moved from Consent Agenda. Item 8: Action Items A. Approval of the Amended Revenues and Expenditures for Fiscal Year 2016 in the Amount of $90,410,071 Bird: Thank you, Todd. We will move into Action Items. A is the approval of amended revenues and expenditures for the fiscal year 2016 in the amount of 90,410,71 dollars. I think we all -- I don't see Todd here, so -- any questions or discussion? Palmer: Mr. President? Bird: Mr. Palmer. Meridian City Council July 26, 2016 Page 10 of 57 Palmer: And maybe you can explain this a little better to me. I was hoping Todd would be here to just tell us about it anyway. But the -- so, is this what 2016 is adjusted to after all the budget amendments that we have done? Is that -- okay. Bird: That's what it is. Palmer: That's what I thought. I just wanted to make sure. Nary: Mr. Bird? Ma ybe I could add a little bit more to the record to assist the public as well. So, you established a budget last year. Implemented October 1. These have been all -- whatever budget amendments have occurred through the rest of this fiscal year and, then, we need to -- we will republish a new ordinance establishing the FY-16 budget. At the same time we will also be bringing forward on the next item an established ordinance for the FY-17 budget, so -- Bird: Any further discussion? If not, I would entertain a motion. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I move that we approve the amended fiscal year 2016 budget to an amount of 90,410,071 dollars. Milam: Second. Bird: Okay. We got a motion and a second to approve the -- Item A. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Approval of the Tentative Proposed Revenues and Expenditures for FiscalYear 2017 in the Amount of $119,946,412 Bird: Okay. Item B is the approval of tentative proposed revenues and expenditures for fiscal year 2017 in the amount of 119,946,412 dollars. And the reason that it's 27 million more than what we actually had on July 20th is this includes all the carryo vers from fiscal year '16 that we had, so that's where that amount come up for -- up to. Cavener: Mr. President, before making a motion, because there is so many people that are in the public, I'd ask you to look at our budget and come and comment at a public hearing. It seems that less than one row combined in the years that I have been Meridian City Council July 26, 2016 Page 11 of 57 involved with City Council have come to testify. We have a full house of people motivated about our community, so I would encourage you to come on August 30th and provide your feedback to us and with that , Mr. President, I move that we approve the tentative proposed budget for fiscal year 2017 in the amount of 119 ,946,412 dollars. Milam: Second. Bird: Okay. We got a motion and a second. Any discussion? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, having just been elected in November I made several campaign promises that I would never vote for a tax increase or a budget that included one and given that we have so much public here and that I tend to stick to my campaign promises anyway, as weird as that is, I will not be voting for this, as it includes a two percent tax increase to pay for it. Cavener: Mr. President? Just to give some light of sharing commentary, this is the published budget. It's not our final budget, and when our community comes and shares their feedback, that number can go down. So, we hope that they do that. Palmer: And Mr. President? Bird: Mr. Palmer. Palmer: I feel that it's an inappropriate budget to put forth to the public, that we should have been more responsible in the first place and brought them a balanced one without a tax increase. Bird: Any other discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. C. Public Hearing for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity Road 1. Request: Annexation and Zoning of Approximately 5.864 Acres of Land with an I-L Zoning District Meridian City Council July 26, 2016 Page 12 of 57 Bird: Okay. Next item is 8-C, a public hearing for Gibson Amity Property, H-2016- 0036, by CLG Incorporated. Staff. I will open up the public hearing and staff. Josh. Beach: Very good. Good evening, President, Council. This, as you said, is an application for annexation and zoning for the Gibson Amity Property as you see here on the map. The site consists of 5.864 acres of land, which is currently zoned RUT in Ada County. Is located at 357 East Amity Road. To the north is East Amity Road and property zone RUT in Ada County. The Simplot storage facility here. To the east is vacant property zoned RUT in Ada County. To the south is vacant land zoned R-4 and to the west is a proposed storage facility, zoned I-L. A little history on this. Gravel mining operations were approved through -- through Ada County. The comprehensive future -- the Comprehensive Plan and future land use designation for this specific property is mixed use nonresidential. The applicant requests annexation and zoning of the 5.864 acres of land with an I-L zoning district, which is consistent with the mixed- use nonresidential land use designation. A concept plan was submitted that depicts the two industrial buildings, one approximately 16,500 square feet and the other 15,00 square feet and associated site and landscape improvements. The three buildings will operate as a contractor's yard, so the applicant will need to meet the specific use standards for the contractor's yard set forth in the UDC. Cross-access is required to the property to the east in accord with the UDC. The cross-access is only required to the property to the west if that property develops with something other than a storage facility, which was a condition of approval for the Citadel Storage facility as well. The applicant is requesting to delay the connection to city utilities until they are available for connection. Based on discussions with the Public Works Department the public utilities will be extending to this area, part of a planned capital project. The water extension is tentatively scheduled for completion this summer. Design work is underway for the sanitary sewer and construction will be completed by approximately December of 2017. Utility connections to the site are contingent on these extension plans. The development agreement will restrict the site from being developed until the services are available, unless the Council allows the applicant to move forward with a contractor's yard prior to the completion of the utility extension . Staff recommends a minimum 20 foot wide driveway with a minimum five foot wide pathway slash sidewalk is approved from the proposed site to the property to the east . This will enhance interconnectivity between the site and the future development of the adjacent property. A 25 foot landscape buffer is required along Amity Road. The city pathway master plan indicates a multi-use pathway crossing the subject property within the pipeline easement. Because the easement bisects at an angle and the applicant is proposing to operate a contractor's yard from the site, both Planning and Park staff believe the ten foot multi-use pathway is better suited along the south side of East Amity Road in lieu of a five foot wide detached sidewalk that would otherwise be required . Therefore, staff recommends that a ten foot wide multi-use pathway be constructed on -- on the Amity frontage and a pedestrian pathway easement be provided as well. The pathway should be detached from the curb and have landscaping between the curb in the pathway. Elevations were not provided with the subject application , but any new buildings are subject to the city's architectural standards manual. The site is developed with three existing buildings and staff is requiring the existing buildings to be Meridian City Council July 26, 2016 Page 13 of 57 brought into compliance with our current design standards or removed from the property. There has been no written testimony since the Commission hearing. Commission did recommend approval with conditions. A summary of the Commission public hearing -- the applicant Tamara Thompson was in favor. There was none in opposition. No comments were received. Again, written testimony was received by the applicant Tamara Thompson. I presented the -- the application. Bill Parsons also commented on the application. There were no key issues of public testimony. Key issues of discussion by the Commission were timing of the architectural improvements for the buildings that will remain on the site . Timing for redevelopment of the property. Condition 1.1.1C regarding cross-access to the parcel to the east and whether it was appropriate. Removal of the existing telecommunications tower that currently exists on the site. The Commission changes to staff recommendations are as follows: Modify condition 1.1.1C to read: Reciprocal cross-access to the east will be granted when the property is annexed to the City of Meridian and is developed as a compatible use. Modify condition 1.1.1D and 1.1.1E to require these improvements within six months of connection to city utilities. Modify condition 1.1.1 K to require the existing buildings to be brought up to city code and design review within six months of sewer and water connection and that the communications tower be removed upon annexation. And there are no outstanding issues for City Council. With that I will stand for any questions you have. Bird: Thank you, Josh. Council, any questions for staff? Okay. If not -- is the applicant here? Please state your name and address. Thompson: Mr. President, Members of Council, my name is Tamara Thompson. I'm with The Land Group at 462 East Shore Drive in Eagle. I'm here tonight representing the property owner. As Josh stated, this property was part of a larger trucking gravel yard operation that was permitted through the county. Since that time the property has reconfigured its -- its property boundaries, they did a boundary line adjustment to configure some of those -- reconfigure some of those and that conditional use stayed with the gravel mining operation that is to the east. So, this property is sitting there vacant currently and because utilities are coming they would like to bring it into the city and not process another conditional use permit with the county . So, in -- in stating that we have read the staff report and are agreeable to the conditions, with the exception of timing. The utilities for water are going in currently and are slated per the staff report to be done this summer 2016. The sewer is slated to be completed by December of 2017. So, we are about 18 months on the outside date of that. So, the intent is that we would be able to get immediate use and occupancy and that the timing that the Planning and Zoning Commission came up with within six months of being able to connect to utilities that the buildings would either be removed or brought up to the architectural standards for the City of Meridian and -- let's see. I can go through each one of those if you want. And, then, the other one is the 1.1.1C, a reciprocal cross- access to the east that currently it is a trucking operation, a gravel mining truck trucking operation and to give that cross-access now they could just come and say we want to start using your access and we don't feel that that's appropriate . That when that property is annexed into the City of Meridian and is redeveloped as a compatible Meridian City Council July 26, 2016 Page 14 of 57 use, that at that time a cross-access would be granted and, then, the same thing on the west. Although Josh did state that the storage facility, if it is developed as a storage facility to the west, if that redevelops as something other than a storage facility, then, there would be a reciprocal cross-access. The staff report doesn't state it clearly, so we would just like that to state that it would be reciprocal if it's not a -- if it develops as something other than a storage facility. And, then, the timing that the Planning Commission is recommending to you as far as bringing these improvements on the architectural side within six months and -- of connecting to city utilities. Other than that we are in full agreement with the staff report. It's really just timing and -- and to be able to immediately use the property and occupy it. And just the long-term -- the shop that's currently there is -- is a really nice shop and it has some nice equipment in it. That is likely the only building that will remain. The others would be removed. And as far as removing the cell tower, that is something that they are willing to do immediately also . So, with that we are consistent with the future land use map and a cont ractor's yard is an approved use within the I-L zone. I also want to mention -- I don't -- I don't know if Josh mentioned it, but the full -- the south -- the southern part of the property has a large gas pipeline easement that runs through it. So, no buildings would ever be able to be built over that. So, a contractor's yard is a -- is a nice use to put on top of that. So, with that we are asking for your approval tonight and I will stand for questions . Bird: Council, any questions for the applicant? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Tamara, can you maybe review for us condition 1.1.1D, number two, specifically related to connection to the city and the removal of the -- or the updating of the -- the exterior structure? I just want to make sure that I had heard you correctly on that. Thompson: Mr. President, Councilman Cavener, so to -- your question is 1.1.1D, as in dog? Cavener: D as in Dog and E as in Echo I think. Thompson: Okay. Cavener: With the improvement and -- this would be related to the -- the removal or updating of the improvements on the property in conjunction with the connection to the city. Thompson: Yes. So, the utilizes are going in and currently t he utility -- the water service is going in along Amity. I don't believe the sewer service has been -- that alignment is set in stone yet, so in order to do the street widening and the l andscape buffer, the pathway, not knowing where those utilities would -- would come into the Meridian City Council July 26, 2016 Page 15 of 57 site, if it's going to go along the frontage or come in from the side, we are asking for those to be delayed until those utilities are in, so improvements aren't made that, then, have to be revised or cut through, that type of thing. So, we are -- we will do them. My client will do them. They are just asking until the city utilities are in, everybody knows where those are, that that be delayed until that time. Cavener: Thank you. Thompson: Did that answer your question? Cavener: Provided a lot more clarity. Thank you. Thompson: Okay. Milam: Mr. President? Bird: Mrs. Milam. Milam: I'm still confused on a similar area I think. So, this is -- the improvements are within six months of being connected. So, that would mean after -- six months after the utilities are in, then, they would be done and you're saying that's too soon, that's not -- what -- I'm just -- I'm not sure exactly what your -- Thompson: Okay. Mr. President, Council Woman Milam, this is -- the way that -- the dark bold underlined is -- is fine with us. Milam: Oh. Sorry. Thompson: But that's how it was originally stated, so we need Council to approve the revised text. Milam: Perfect. Mr. President? So, you're okay with eve rything the way it's written as a recommendation from -- from P&Z and from staff? Thompson: Yes, ma'am. Bird: Any other questions? Thank you, Tamara. Thompson: Thank you. Bird: This is a public hearing and we had nobody signed up on the sheet, but if anybody would like to testify, please, come forward. Seeing none, Council, what's your pleasure? Milam: Mr. President? Meridian City Council July 26, 2016 Page 16 of 57 Bird: Mrs. Milam. Milam: I move that we approve H-201 -- Bird: First close the -- Milam: Oh. Sorry. I was going to rush into it. I move that we close the public hearing on H-2016-0036. Palmer: Second. Bird: Okay. We have got a motion and a second to close the public hearing. Al l in favor say aye. Any opposed? Ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve H-2016-0036 with all staff and applicant comments and accepting the -- the changes to staff recommendations as noted. Palmer: Second. Bird: I have a motion and a second to approve H-2016-0036. Any discussion? Cavener: Mr. President, just for clarification -- Bird: Mr. Cavener. Cavener: -- if I'm not mistaken, I think the applicant had requested a slight variation to the change on number E, 1.1.1C. and I just want to make sure that the maker of the motion and the second are incorporating that as well. Milam: Yes. Palmer: Yes. Bird: Any other discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council July 26, 2016 Page 17 of 57 D. Public Hearing for Pope's Garden (H-2016-0006 REVISED) by Iron Mountain Real Estate Located at 2662 E Magic View Drive 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 5.28 Acres of Land from Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval consisting of (Nineteen) 19 Building Lots, (Four) 4 Common Lots and (One) 1 Other Lot on 5.28 Acres of Land in the R-15 Zoning District 4. Request: Conditional Use Permit Approval for a Multi- Family Development Consisting of 76 Dwelling Units in the R-15 Zoning District Bird: Okay. Next Item, 8-D is the Pope's Garden, H-2016-0006 revised. I will open the public hearing. That's for Sonya? Watters: Thank you, President Bird, Councilmen. The next applications before you are a request for annexation and zoning, a Comprehensive Plan map amendment, a conditional use permit and a preliminary plat. This site consists of 5.28 acres of land. It's zoned RUT in Ada County and is located at 2662 East Magic View Drive. This property was previously planned as Lot 5 in the amended Magic View Subdivision. The Comprehensive Plan future land use map designation is currently office for this property. The applicant is proposing to amend the future land use map contained in the Comprehensive Plan to change the land use designation from office to medium - high density residential as shown. Annexation and zoning of the property is also requested with an R-15 zoning district, consistent with the proposed future land use map designation of medium high density residential. A conditional use permit is requested for a multi-family development and the proposed R-15 zoning district. The site plan depicts 19 four-plex structures with a total of 76 dwelling units. Just a side note. If you remember this project, it did come before you previously. The applicant amended the site plan, the landscape plan, and requested it be remanded back to the Commission for their new recommendation on the plan. So, just an update on that. The proposed R-15 zoning district will accommodate the proposed multi-family development with a gross density of 14.39 dwelling units per acre . The proposed R-15 zoning provides a transition in zoning and uses from the west from Waverly Place Subdivision with attached single family residential homes in R-8 zoning and further to the west from Woodbridge Subdivision with single family residential detached homes in R-4 zoning and from the north from Greenhill Estates subdivision with single family detached homes in R-1 zoning in Ada County. That property is designated as low Meridian City Council July 26, 2016 Page 18 of 57 density residential on the future land use map. That provides a transition and zoning in uses to the future office and commercial uses to the east and south of Magic View Drive. The preliminary plat consists of 19 building lots, four common area lots and one other lot. There is an existing home and accessory structures on this site that are required to be removed prior to city engineer signature on the final plat . The proposed plat depicts access for the development via two points on Magic View Drive at the southern boundary of the site. This is the -- excuse me -- revised plat here on the side. This is the one that you saw previously. The right-hand side is the most recent one. Access is right here where my pointer is at and here. Magic View is designated as a local street west of South Wells Street and that is the street that comes up here from the south and as a collector street east of Wells where the access is proposed. Council approval of the east access via Magic View is required, as the UDC limits access to collector streets when access by a local street is available. A minimum of ten percent or .53 of an acre of qualified open space is required in accord with U DC standards. A total of 21.5 percent or 1.13 acres is proposed. A minimum of five qualified site amenities are required with this development. The applicant is proposing a tot lot with children's play equipment, a hardscape plaza area with seating, three 50 foot by 100 foot open grassy areas and a fitness facility as amenities in accord with UDC standards. The unopened right of way at the northwes t boundary of this site for Hickory Way was previously required to be extended south from Autumn Way, is now required to be improved by the developer with a minimum 20 foot wide pedestrian/bicycle and emergency access. And that was this section right here that was dedicated for right-of-way in Greenhill Estates. One concept -- building elevations were submitted as shown for the proposed four-plex structures on the site in four different color schemes. Building materials consist of horizontal and vertical lap siding with stone veneer accents and architectural shingles . These elevations are conceptual only and not approved with this application. Compliance with the design standards contained in the architectural standards manual is required, which require more variety between structures. The Commission made a recommendation of denial at their hearing. Kevin Amar and Kent Brown testified in favor. There were several that testified in opposition as follows: John Overton. Jim Voorhees. Mary Rockrohr. Kelli Barber. Ian Sodine. John Stefan. Dale Sharp. Ron Peterson. Katie Smith. Lorrie Somazzi. Katherine Jones. Ronald Vance. Celeste Fox. David Ballard. Andrea Stoffel. Kelli Ketlinski. Kevin Elhe. Brent Belliston. Roger Tebow. Gloria Nanney. Larry Andrews and Jean Fox. Written testimony -- a petition from the neighbors was received. It is in the public record. You should have a copy of that. And also a letter from Walter Pooley. The key issues of the public testimony were an objection to the change to the future land use map from office to medium-high density residential. Not enough transition from the R-1 neighborhood to the north to the proposed multi-family development. Increased traffic generated by multi-family development and impact to adjacent residential areas and concern regarding management of the apartments if the structures are on separate lots under different ownership. The key issues of discussion by the Commission were the appropriateness of a multi-family development in this area versus office as currently designated. Traffic impacts on adjacent developments and streets generated by development of this property and maintenance of the backside of the berm along the north boundary of the site. The Commission Meridian City Council July 26, 2016 Page 19 of 57 voted to deny the subject applications based on maintaining the integrity of the current plan and addressing traffic issues in this area before any zoning changes happen . One of the outstanding issues before Council tonight is the Commission requested the Mayor and City Council send a letter to Ada County Highway District requesting an analysis of the land use and traffic patterns in this area to address existing and future traffic pattern concerns. This request was discussed with the Transportation Commission and they have also agreed that an analysis for long-term land use, access and connectivity needs to be done of this area. Written testimony has been received since the Commission hearing as follows: Jane and Samuel Snyder. They request denial based on the impact to the proposed development on the existing traffic problems in this area. Request ACHD provide the traffic -- traffic solution before more development occurs. A petition from Woodbridge Homeowners Association with 227 signatures. They request denial based on the impact of traffic on nearby subdivisions, school class size, and student-teacher ratio. Utilization of existing nearby subdivision amenities without support by this development and preference of office uses per the current plan. A petition was also received from the homeowners in Greenhill Estates Subdivision to the north with 42 signatures. They state that the proposed plan does not provide enough transition from the R-1 neighborhood from the north to the proposed R-15 development. Increase traffic. Effect on established neighborhoods and infrastructure and preference of office uses per the current plan. Staff will stand for any questions. Bird: Any questions for staff at this time? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Sonya, can you just maybe b riefly summarize for us what changed before the initial proposed application versus what we are seeing today? Waters: Yes. President Bird, Councilman, if you look on this plan here on the left, the previous preliminary plat, it did show right of way for the extension of Hickory down to Magic View. That has since not been required by Ada County Highway District. So, the applicant has removed the right of way, put in a pedestrian and emergency access here at the northwest corner of the site, and they have removed the multi-family units that were proposed along the north boundary and just put that in common area with a fitness facility, kind of clubhouse affair right here on the north boundary and, then, they have made more of a linear open space here. Those are the -- those are the major changes. Cavener: Thank you. Bird: Any other questions of staff at this time? If not, applicant. Meridian City Council July 26, 2016 Page 20 of 57 Amar: Good evening, Council Members. For the record my name is Kevin Amar. My address is 1548 West Cayuse Creek Drive in Meridian and I'm here tonight to present Pope's Gardens. It's been a long time getting here and a number of different hearings and I know we have a lot of fans in the -- in the room with us, so I will try to be concise and present this application on a few different levels. So, some of the things that I want to talk about are actual project design, how we got here tonight, what changed from the previous application. Why we chose this location, the actual project location, and why we chose to request a Comprehensive Plan amendment in this location. Obviously, traffic is a concern and we want to address that, compared to other potential uses for this property, as well as look at the Comprehensive Plan and why we feel it's appropriate to request a change in the Comprehensive Plan in this area. So, I'll start with the project design. The project, as it sits, has a proposed 76, sorry, can't do math here real quick -- 76 units. This project has fewer units than the previously proposed project. We did reduce the units in addition to the other changes that Sonya made. We had a number of neighborhood meetings with people , also private discussions with neighbors trying to identify how do we be as compatible a s possible and so some of the other changes we made and the second most significant ones really resulted from a joint effort between neighbors and -- and our planner Kent Brown in working with ACHD and trying to eliminate that -- that road, the main thoroughfare road of Old Hickory Way, which really eliminates any traffic ever going through the Greenhill Estates Subdivision. There still will be an emergency access and pathway, but it is for pedestrian access, as well as emergency access only. It will not be used for day-to-day traffic, so no traffic will -- will go from this site into Greenhill Estates. The other major change that we were able to do is increase our open space significantly. Required as ten percent. We are well over double that on open space and we are able to not only increase the open space , but also spread those buildings out, so the overall project inside wasn't as dense. We were able to increase the open space and eliminate any living units along the northern boundary, along Greenhill Estates. I will address the -- the leasing facility and the clubhouse shortly and, then, we also were able to increase significantly the open space interior to the project. So, there is a great amount of usable open space with this -- within this project. On all matters this project exceeds the minimum standards for multi -family development in the City of Meridian. So, that brings me to project location and actual project type. Why did we choose this location, knowing that it's going to be controversial and we are going to have neighbors. So, as we looked at this site and we look at why we want this location, we looked at a number of items. Traffic is a big deal, knowing that -- how do we get to and from this site. We looked at employee influx into this area, what is the nighttime -- what is the nighttime population versus the daytime population . That's important for us, because if people are driving to that area we feel like we can capture those people and keep them in that area, thus we already have a built-in base, as well as we have fewer vehicle trips per day overall on the roadways , because people are already traveling to that area. And, then, we looked at overall employers. We have got a significant number of major employers in this area. We have St. Luke's. We have Scentsy. We have the business parks on the south side of the freeway. There really is a number of very large employers in this area and this is the core business district. This is an area that's going to continue to grow. It is adjacent to Eagle High Meridian City Council July 26, 2016 Page 21 of 57 School -- I'm sorry. Eagle interchange. It's far away from Eagle High School. It's near Eagle interchange, as well as Eagle Road, both areas that move people to and from the valley and throughout the area. It's also within walking distance to a bus stop and so for those reasons we looked at the site and determined for us , for this project, it would be a good location for -- for multi-family. It's similar to other projects we've done in that it has other -- it's close to employers, like our other projects, and they have been very successful and done well. So, the traffic -- so, let's talk about traffic. Traffic for this site -- and we initiated a traffic study. This does not -- this project doesn't require a traffic study, because the size is not large enough to have a requirement from ACHD to have a traffic study. We knew traffic was going to be an issue, so we initiated our own traffic study. Traffic for multi-family is less intense than traffic from other uses that would be in this area. Office is a higher intense use. Medical office is a higher intense use. Retail is a higher intense use. So, we feel like -- and based on the traffic study also -- the traffic with this project will be less intense than other things that the neighbors are advocating. We know that to be true based on not only the traffic study, but also fees that ACHD charges for offices versus multi-family. Fees for offices are much higher for impact fees than they are for multi-family, simply because they generate more traffic and we have some slides that we can show that and I will go through a PowerPoint presentation in a moment. The Comprehensive Plan. This area is designated as L-O on the plan. This area has been designated for -- as L-O on the plan for many, many, many years. At the time that this area was designated as L-O you could build multi-family in an L-O zone with a conditional use permit. Any -- any multi-family project requires a conditional use permit in the City of Meridian. So, although the neighbors want to stick with the plan as it is -- as it sits, when this plan was proposed it allowed a multi-family component to it. Knowing that, in a core business district, in an area that the city expects and wants more intense growth and more employment, they also want a place for people to live. They don't want people to have to drive to this area constantly and based on that this area -- this L-O Comprehensive Plan prior to an amendment a few years ago, allowed for multi-family. Now, there has been an amendment to the Comprehensive Plan. It's no longer -- there is no an actual multi-family zone that was lacking before. The integrity of the current plan is a great one. This provides the transition that we need. And I want to read some of the comments from the staff report that talk about why this is a location that is appropriate for multi-family. And this is quoted from the staff report. Because of its location in close proximity to St. Luke's Medical Center and hospitals, nearby shopping centers, The Village and Crossroads at Eagle and Fairview, and major transportation corridors, this property is ideal for providing higher density housing options. Another statement is: Although staff believes that the proposed residential development is generally compatible with existing single family uses, staff does recommend more transition in density and housing types along the northern boundary. That was a change that we were able to make with the new proposal that we have. We have eliminated the -- any housing along the northern boundary, thus eliminating any impact or reducing impact to the Greenhill Estates. We did include a fitness facility and leasing office along the northern boundary. That is a single story fitness facility and leasing office and it's -- it won't have living -- it's not going to be as great of an impact as a living unit along that northern boundary. What we were also able to do Meridian City Council July 26, 2016 Page 22 of 57 along the northern boundary is include a berm and, then, put a fence on top of that berm. So, overall they will be with a berm and a fence, approximately nine feet of buffer in addition to additional trees and other things that will be required to plant with the landscape plan. We will and tried with a landscape plan even to locate our trees and the landscaping in such a fashion that they are compatible with the existing trees that are out there. So, as everything grows up there will be more of a buffer between the two sites. So, Sonya, if we can go to the PowerPoint. Will I be able to control it tonight do you think? Watters: I think so. Amar: Okay. I don't know if I know what I'm doing, but -- so, the -- we talked about the Comprehensive Plan. One thing I want to find here -- and I talked to you about employers -- I don't know how to control it. Can we talk about -- can you go to the overall site plan? Page seven. That one. So, what we know, based on some demographics that we were able to get, is nighttime population. People that live in this area during the evening, there is about 5,200 people within one -- one mile of this area. In the daytime -- total daytime population of this area is 21,000 people. So, we know that there are 16,000 people that travel to a one mile area of this location. We know that traffic is -- there is a lot of traffic into this area. What we are trying to do is capture some of those people -- a few number of those people. We only have 76 units and keep them in that area, knowing that they will stay there. We will have nurses and staff from the hospital, people that work at -- potentially Scentsy. We will have lots of those people that they don't want to travel. We are building another project. It's in Boise. It's across the freeway from St. Alphonsus. It is still under construction and we are getting applications and information and requests from those people that work at St. Alphonsus. We know that people don't want to travel too far from their home . In addition to St. Luke's, we have one of my favorite stores, the Harley store. They are in Silverstone. There is El Dorado. There is -- there is all these employment areas that are around there that there really isn't any apartments at all in this area and so we feel in the Comprehensive Plan that change is appropriate. We feel that the change in the layout that we have with the additional buffering, that change is appropriate. With the development of this project we will improve both Wells Street, as well as Magic View, increasing the drivability of the area. So, we -- we appreciate your time. We request approval and we request that this plan be given consideration as it -- it is a thoughtful plan, we have worked with staff, we have changed it with staff, we have changed it with neighbors, we have changed it with ACHD and we know everybody doesn't like it, but we also know that this fits within the city's Comprehensive Plan and it fits within the city's growth pattern and what they are looking for. And I would stand for any questions. Bird: Council, any questions for Mr. Amar? Cavener: Mr. President? Bird: Mr. Luke. Meridian City Council July 26, 2016 Page 23 of 57 Cavener: Kevin, talk to me a little bit about the -- the ownership model. Is this a property in which your company is going to retain ownership and handle the management? Is this a facility where many different owners are going to own many different units -- and I think we have seen in certain cases some of those are managed really well and others I think people would wish they would have a do over. So, I'm curious if you could articulate -- I think staff referenced that a little bit and in their opening remarks and maybe you could articulate a little bit more than that for us. Amar: Yes, sir. Mr. President, Commissioner Cavener, we have done it a number of different ways as far as who owns it in the end , but in the beginning it's all set up the same. So, whether there are 16 different lots and different people could own all those -- a different person can own all of them or if there is one ownership group it still is required, because we set up the CC&Rs. It is still required that there is one management company. I do not own a management company. We have gone out and hired a management company that specializes in multi-family management. So, all of the people who own it, again, whether it's a single ownership group or multiple owners, all play under the same rules. They all have the same rental rates. They all have the same, you know, requirements for pets or for outdoor storage, but some of the things we saw and that were frustrated by, as the economy started turning around and as we were building more and more of these, is some of the -- some of the projects, you're right, they were -- they were managed really poorly and we had multiple management groups and it seems like the management groups would fight within themselves. This one will be required by CC&Rs and everybody that buys in there, again, whether it be one or everyone, they are required to have that same management group. We did another project in Meridian called Touchstone. It was -- I think it was 14 lots with the anticipation that it was going to be multiple owners. It was one ownership that came in and bought all of it. Regardless of that, it is still required to be managed by one property management company and it's been very successful . It's worked out wonderfully. Cavener: Thank you. Bird: Mr. Palmer. Palmer: Mr. President. Mr. Amar, what is the anticipated rent range for the property? Amar: Mr. President, Councilman Palmer, rents currently, based on this type of product in other areas, will be about 950 dollars a month. Bird: Any other questions? Thank you. Amar: Thank you. Meridian City Council July 26, 2016 Page 24 of 57 Bird: This is a public hearing. We got some sign ups? First one up John Overton. And I understand you're speaking for the HOA, so we will give you ten minutes, if that's okay. Overton: Present Bird, Council Members, City Staff, John Overton. 1922 East Bowstring in Meridian. Live in Woodridge representing the HOA tonight. Not, of course, speaking for every member of the subdivision, but trying my best. We have a -- a litany of issues with this development, not the least of which is what we consider to be the complete misuse of the word transition. We have an R-15 being put in next to an R-8 being told that's a good transition, even though it's next to R-1 and R-4. We have the belief and understanding that if this R-15 is approved and this comprehensive land map is amended, every other one of these five acre lots is going to turn around immediately, because we know what the hot seller in the market is for the R -15 or new R-40 high-density residential applications. This has been touted -- this area has been touted by the Mayor in State of the City speeches as part of the medical corridor for this city. Just two months ago we opened a brand new medical building on the corner of Magic View and Allen Street. It's doing what it's supposed to do under the plan that this Council and previous Council have approved. Now, we have got to talk about traffic, because one of the scariest things about where we are at is traffic, because we have a square mile of Meridian with one road going through it and that one road , as we sit, runs through Woodbridge. Now, I don't know if Justin Lucas is here from ACHD and I'll call him out if he is, but I did confirm with Justin that every road in Woodbridge -- and this is important -- every road in Woodbridge is still a residential local street. Magic View Lane west of Wells is still a local street. Magic View from Wells to Eagle Road is a collector and that's important when we are talking about where we want to put medium and high-density residential houses. We don't want to and I don't believe your intent has ever been to approve a development that's going to push that much more traffic back into a residential neighborhood. So, let's talk about a road. Some of you have heard of it. It's called Eagle. It has some of the highest traffic counts in the state. Coming off the interstate is some of the highest traffic counts and they come right to a stop at St. Luke's Lane. Now, we already have a difference -- an issue, something that makes us a little slower to respond to things, because you're dealing with ITD and ACHD on any issues with traffic and trying to do roadway engineering. At the same time we have the intersection that it is one of the most reset signals in the City of Meridian due to emergency vehicle s and ambulances coming to and going out of the hospital. Every time that happens St. Luke's Lane just backs up farther. It is not uncommon, as it sits today, to see traffic back up down St. Luke's Lane and back onto Allen Street and that's where we are at right now. So, those people choose sometimes to go to Woodbridge quite often and when you drive into Woodridge you come to a stop sign at Woodhaven. You go left. You go right. Sometimes it's a race, because it's just about the same distance either way you go until you get to the bridge back on the other side and get onto Woodbridge Drive. Now, when Woodbridge was first built -- and I bought there 14 years ago -- the initial plan looks different than it is today. We had a pod style on the first phase with a road going straight through it, which is Woodbridge Drive. As the second phase was developed it was changed and Councilman Bird and even the City Attorney may recall why it was changed. All I recall Meridian City Council July 26, 2016 Page 25 of 57 was the term traffic calming was used, because we didn't want to have Woodbridge turn into the newest expressway going through the city. But in doing that it pushed the traffic through and in front of all the houses to slow that traffic down , permanently making those local streets. When this plan was first developed -- and I know it's not here today, but I have to bring it up, there was a road into Greenhill Estates and that's relevant for me, because I stand in this room as one of the people who grew up in Greenhill Estates. Thirty-six years ago I used to drive from Greenhill Estates to the corner of Wells and Magic View, back my truck up on the road that dead -ended in their driveway and visit my best friend who lived on the corner . The roads have not changed in 36 years. All we have done is we have slapped up three stop signs and we hope and we pray that people will abide by them . You're welcome to come there anytime and watch as people blow through that stop sign all day long. Is it a law enforcement problem? It's an engineering problem. It was never designed 36 years ago to become a three-way stop and it's never been changed, because we have been developing these without an overall engineering solution . So, let's bring it into traffic safety. I know you just heard the applicant talk about all the great things this is going to do. Unfortunately, I disagree with about 99 percent of what he just said. See, we got destinations versus traffic generators. These businesses, these medical core businesses, they are destinations. You make an appointment, you go to the doctor. Almost all these light office medical buildings are destinations. Those people come from all over the valley to come have an appointment . They drive home. What they are talking about putting in with medium density residential and the potential for more of these, is traffic generators for driving to school or driving to work or driving to the store. They are driving to the speedway. They driving to the dog park. They are driving to City Hall. They are driving to Flying Pie, Wahooz, Roaring Springs, maybe even the police department. Did I mention that every entity I just mentioned they have got to drive through Woodbridge to get to? These are traffic generators. That's what this medium density residential development will do . The applicant talked about a 75- 25 split of traffic at the P&Z hearing, but he stated that 75 percent of the traffic would be headed towards Eagle Road. We find the traffic finds the least traffic to fight with and they stay away from Eagle Road and while I believe his numbers, 75 and 25 are correct, I think he's got them backwards. I think we are going to see 75 percent of that residential traffic pushing back to Woodridge , because different times of the day it is a bear, even if you get to turn left out onto Eagle Road to go northbound, it's backed up. It's backed up at Franklin all the way back up to the signals . If you don't believe me come visit. It's a very interesting place to park while you think you're driving. Now, Woodbridge Drive has issues when it comes to kids. We have a busload of kids. In fact, a full busload of kids that go to the elementary school s every day when school is in, but Woodridge Drive was not designed like a l ot of subdivisions, it has one sidewalk on the north side and the amenities, the pool and the park, are also on that north side, but half those kids have to constantly be crossing that to get to that sidewalk. There is a lot of foot traffic by a lot of little kids and a lot of parents and a lot of families to safely get around Woodbridge to get to the amenities we put inside . More traffic doesn't make that safer. Now, I know property rights are very important to everyone in this room. They are no less important to us and I know it's been said that we have got to always look out for the property rights of the person who is selling this property and Meridian City Council July 26, 2016 Page 26 of 57 while I agree with that, I really have to ask myself -- that one property owner is selling to a developer who is building, who selling and moving on, where we have over 300 property owners who have made, in most cases, the largest purchase of their lives in this community and are the ones left to handle the aftermath of this development and future developments if this one goes through. Now, we are not anti-development. I want to make sure that's clear. We haven't been from the beginning. We were victorious in both Planning and Zoning meetings and we stated anytime we are not anti-development. We believe in development. We also believe you have a good plan. We want to keep it. We don't want to see a rezone. We don't want to see an amendment to the comprehensive map as it now sits . We think it should stay the way it is. We think it's the best decision for that area. We think it's a smart decision. If you look at the city comp map -- and I know we just said there is other areas of the city that don't have any apartments. Well, excuse me, I have seen this map. There are designated areas throughout the city comp map that are designated for medium and high-density residential, but here is the best part, they are designed to empty out onto arterial and collector streets and never impede and increase traffic into a residential subdivision. They are designed that way and that's why you chose it as a City Council to have them built that way. I understand what he's trying to do. It's the wrong location. I would happily drive him to another location and show him a better place if I thought it would help. When it comes to planning -- my last point. Long-term planning in the city is what's made it successful. I get it that apartments are selling right now. I know they are the hot thing. But we don't just put high-density residential at Ten Mile and the interstate because it's the hot thing. We've had a plan for ten to 15 years on how we want to see that develop . So, we stick to the plan. Our request is simple. We request that you deny the rezone, deny the comprehensive map change, deny this application. We believe very strongly in this and it comes from the city and we believe it as neighbors in this city, we want a place to live, work, and raise a family safely. I stand for any questions. Bird: Any questions for Mr. Overton? Thank you. Overton: Thank you. Bird: We don't need that. Okay. John Stefan is against. Did he want to testify? Okay. Thank you. Celeste Fox. Fox: I'm Celeste Fox. 582 South Woodhaven Avenue. Meridian. I live in Woodbridge. Can you hear me? Bird: Thank you. Fox: Good evening, Council Members. I am really impressed with the thought and care that went into creating Meridian's Comprehensive Plan. This document seeks to encourage health and well-being of community and evaluate impact of growth in all land use decisions for existing, as well as future residents. We don't understand why P&Z staff recommended approval for this project in their report. The city's emphasis Meridian City Council July 26, 2016 Page 27 of 57 on high-density housing in this location is trying to fit a square peg in a round hole. We understand that housing to accommodate medical offices and businesses should be in areas that make sense, but this does not. In the Comprehensive Plan examples for apartments to show direct road access, not one that requires driving through a single- family subdivision and the Magic View-Wells intersection has not been addressed at all. To add traffic from high-density apartments within 100 feet of this intersection would make this a nightmare forever. This is about trust. When I bought my house in 2003 we trusted that offices would be our neighbors. Office is defined as opportunities for low impact business areas. P&Z's staff report does not consider Woodbridge or Greenhill Estates. It's like we don't exist. We do exist. We need to be cared about. Woodbridge is a wonderful combination of varying size and price of homes that allows families to move up to larger homes or retirees to downsize without having to leave the community. We also have quite a few renters, both of smaller and larger homes. We consider Woodbridge a model for what Meridian is looking for . I'm asking you to, please, see us and see our unique setting and what the overall impact that rezoning would have to us. Thank you. Bird: Any questions? Thank you. W e -- we did give Mr. Overton as a representative of the HOA, so if you don't have something new to bring up -- we will read your name. If you feel you have to testify, please, come forward, but if you don't have something new we'd appreciate it. Just -- okay. Bette Monteith is against. Thank you. Catherine Jones. Jones: My name is Catherine Jones. I live at 435 South Truss. Of course, that's Woodbridge Subdivision. I'd just like to add a couple of things of -- Community In Motion developed a checklist to go through developments to make wise decisions and I'm sure you've all read this. The things that pop out to me are the fact that the complete street level of service in the proposed area should maintain current automobile level of service and I think this particular development would increase traffic in that particular area. Also Mr. Amar talks about his traffic study and he conducted his own, so, you know, he has a little conflict of interest there I would think and I found a traffic impact analysis and what it talks about is even if the development does not generate the threshold of level trips, a traffic analysis may be necessary under the following conditions: High traffic volumes on surrounding roads that may affect movement to and from proposed developments and I think we have that in our little area. The lack of the existing left turn lanes on the adjacent roadway at the proposed access drive. Inadequate sight distance from access points and I believe this particular development has restricted -- restricted sight. There are two exits, but the curvature in that particular road and the amount of parking along that road would limit the ability to see oncoming traffic. The proximity of the proposed access points to other existing drivers or intersections. The development that includes a drive-thru operation. Okay. Those are kind of the technical things. Now, I'd like to speak personally. I have been a lifelong educator in Idaho -- southeast Idaho mainly. I moved up here to be close to grandchildren. And Woodbridge is beautiful. If you haven't been through we are like a little oasis nestled between Eagle Road and Locust Grove. We are beautiful. But with that comes some danger. We have, in essence, Meridian City Council July 26, 2016 Page 28 of 57 two routes that come into Woodbridge Drive. Woodbridge Drive has one sidewalk on the south side of the road. Children meet their buses on that road. Is that my time limit? Bird: Yes. Jones: Okay. Well, let me just summarize by saying, you know, back to school time used to be very exciting for me, but this year I'm fearful, because I'm afraid some little kid is going to get hit on Woodbridge Drive. So, I'm asking for your help, even in denying this particular proposal we still need help. We are still a cut-through and, you know, maybe work with ACHD and see if you can help solve our problem. Thank you so much. Questions? Bird: Any questions? Thank you very much. Gene Fox. Mario Marius. Okay. Fox: Good evening. My name is Gene Fox. I live at 582 South Woodhaven in Woodbridge. And I'd like to thank the Council for allowing me to speak this evening. I had to make a choice of subjects that I wanted to cover, but pretty much part of it has already been covered, so let me just say this: A few years back I stood before the City Council and asked that a rezone request be denied. The request was to allow a 102 unit development on 12 and a half acres sited to the east of Woodridge directly behind our house. That high-density project was sponsored by the Conger Group and it was refused primarily because the City Council did not wish to amend the master plan which specified that this area should be a medical corridor. A year or so later I again spoke before the Council, but on that occasion I asked that in R-5 project, consisting of 25 units sited on five acres be approved. The City Council approved the zoning change for Waverly Place, which is across the street from where the Conger project would have been built. Unfortunately, the first iteration of Waverly Place, led by Alton Jones, failed. The second group stepped in to continue the effort. They were required to reapply to Planning and Zoning and the City Council for rezoning. Again the project was approved and this time the project went forward. Unfortunately, the construction of Waverly Place has been stuck on stop for some time. There were two reasons why Woodbridge citizens opposed the Conger project and supported Waverly Place. First, Waverly has a density of R-5, which is roughly the same as that found in Woodbridge. The second reason was the fear that an ultra -high density project, such as that proposed by the Conger Group, would be built in our blocked in area and that is exactly what we face here tonight. The Pope's Garden plan calls for 76 apartments to be built on five acres. If we extrapolate that density to 12.5 acres, it will be apparent that it is more than half again as dense as the previously proposed Conger project that was rejected. If Pope's Garden was on an R-5 level, I would probably appeal to you for its adoption, but this project is way out of bounds for the location. Following the last P&Z meeting I had a brief discussion with Kevin, the developer, and it was very civil. I told him that he had a good project , but he was trying to build it in the wrong location. He replied that many neighbors were saying the same thing. I suggested that that should tell him something. His retort was we will see. Now, we are at the moment of truth where we shall see. The developer, Kevin, is fond of saying that people are Meridian City Council July 26, 2016 Page 29 of 57 afraid of change and we are. We are desperately afraid of the negative impact that this development will bring to us. So, we ask -- I ask, please, reject this appeal. Bird: Any questions for Mr. Fox? Thank you very much. Mario Marisi. Marisi: Mario Marisi. I live at 1673 East Bowman in Meridian. Good evening, Council Members and Mr. President. I have heard a lot of things here today and, you know, I live in Meridian. I'm probably the third house from Locust Grove and I watch the traffic coming in and going out and, unfortunately, it's a caravan going through and speeding. I don't know if it's a police problem . I mean you would have to put half the police department out there to watch the speeders. I think they have a lot of things to do. But my real concern here -- I watch the kids and I enjoy watching the kids. They are a lot of fun watching them. I watch what they do. They pull and shove and run across that street in Woodbridge to get to their buses. Okay. And those cars are coming in from both ends, going out and coming in, and I think it's a real danger and we must have, just in our quad alone we must have something like 16, 17 kids and they are from this side to that side. I mean they cross that street, don't look; right? They scare me half to death; right? And I keep thinking to myself one of these days one of those cars will run over one of those children and God forbid these poor parents out here with these little kids and what they would have to go through. I mean he has a great project out there, but it should be somewhere else. He keeps talking about two or three -- 200 cars a day or 140, whatever it is. I sit there and watch that traffic right now and it's terrible. You know, it's -- it's a danger, the pollution and the traffic, and I think for the safety of the children and the people that live there . You know, we are here. We want what you want. You want a good community, solid community, with happy people; right? And we are trying to do that. Thank you for listening. Bird: Any questions? Thank you very much. Okay. These signed up against, but they didn't want to testify. Sam Snider. Jane Snider. Jim Wellman. Pat Wellman. June Howell. Richard Howell. Ian Sodine signed up to testify. Sodine: Good evening, Council. My name is Ian Sodine. I live at 2663 East Autumn Way, which is part of Greenhill Estates. So, I am actually on the north side of this project and the east boundary. I do appreciate the revising. Don't have houses directly against me. Have a berm that's fantastic. What I don't appreciate is the walking traffic. Greenhill Estates is in the county. We have no traffic lights. We have no stop signs. We have no sidewalks. There aren't any lights. And our neighborhood likes to walk. The loop for the one acre lots is about one mile. So, there is always people with their dogs or with their children or the school kids walking . I don't see why the apartment people wouldn't figure that out pretty soon and actually enjoy the scenery and the peaceful quiet loop like the rest of us. It just adds to the complications for us driving of hitting people or near-misses with their own residents who understand no lights, now adding a group of new people that may or may not. On the subject of the berm, that's wonderful for facing north, but, Rich, my neighbor behind me on the east, is five acres, there is no berm for him. You now have 20 residents that look at him and how do they feel when he's out mowing the hay or he's making a clatter or Meridian City Council July 26, 2016 Page 30 of 57 putting up the bales, doing this and that, the country living that we are accustomed to. I just don't think it's a good fit. So, I'm still against this and I hope you support that decision. Bird: Council, any questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Just for clarification, are the streets in your neighborhood -- are they private streets or are they public streets and sidewalk? Sodine: It is a public street, but they are not plowed in the winter and there are no sidewalks. We tried as a subdivision once before to get sidewalks in, but that didn't go very far that I know of and the outcome was no sidewalk . So, everybody walks in the street. Cavener: Mr. President, follow up? So, if I'm hearing you correctly, no sidewalks at all in your neighborhood? Sodine: Correct. There are sidewalks in the half acres, the front half, but the one acre lots that make up the back half of Greenhill Estates that this butts against, no sidewalks. Cavener: Thank you. Sodine: You're welcome. Bird: Thank you very much. Jeanette Sodine. Is against. Art Beale is against. Michelle Beale as against. Helen Sharp is against and -- Sharp: Helen Sharp. 2170 East Springwood Drive. I'm in the Greenhill Estates. Thank you for your time and listening. I think it's kind of a question of getting the cart before the horse. How many times have we had ACHD go on a big spiel about the traffic right here because of the hospital, the businesses, et cetera, and how they tried to design it. There are very few off and on ramps getting to Highway 55, which, of course, is Eagle Road. So, naturally -- especially now during tourist season and anytime -- we had relatives come and say, oh, my goodness, oh, my goodness, is there any way we can get to Meridian easier than trying to get through this Eagle traffic. So, I think we have got the cart before the horse. Until we get more accesses off the freeway, Highway 84, into Meridian, we are going to have this bottleneck continuously and they have gone on and on about the traffic and I think it's a very, very serious situation. And going along with the plan he has, I'm not sure the people -- the residents are too concerned about the design of the plan as they are about the project itself, we just don't want it and we -- I think we have got legitimate reasons for having Meridian City Council July 26, 2016 Page 31 of 57 this denied. They talk about the traffic. How about the -- all these big developments that's going in, multi-dwellings here in Meridian and how many we see for rent signs on when they say we have to have more units ? Please, give it some strong consideration. Thank you. Bird: Any questions? Thank you, Helen. Dale Sharp. He's going to pass on the testimony. These people signed up against, but they didn't -- Vanessa Cornelius. Thank you. Dale Howard -- oh, you want to -- come on. I'm sorry. Cornelius: Hi, I'm Vanessa Cornelius. I live at 541 South Blakely Avenue in Meridian and listening to what -- thank you for your time, Council Members. In listening to what other people have spoken about and I felt I needed to speak. We actually have two buses of children in Woodbridge. The west side has a bus and the east side also has a bus. There are quite a few children. And I'm here and decided to speak. I'm a teacher. I teach at Lewis & Clark Middle School, which is where the Woodbridge kids go and this past school year we had the largest 6th grade class ever at Lewis & Clark. I teach 6th grade and I had anywhere between 31 and 35 kids in my class per class period and I think having these apartments here is just going to add more students to Lewis & Clark, which is already at capacity. I know they are opening Victory, but that doesn't really affect any of the boundaries for Lewis & Clark, so I have concerns now as a teacher and at home. Thank you. Bird: Thank you. Any questions? Thank you very much. Dale Howard signed up against. Didn't want to testify. John Mundt signed up against. No testimony. Martha Mundt against. No testimony. And Linda Howard against. No testimony. Christine Browne against. Steven Browne against. Bill Ebert. Jan Ebert. Clare Gaylord. Donald Deitchler. Jim Barnes. David Ballard would like to testify. Ballard: Good evening, Mr. President, Councilman Palmer, Councilwoman Milam, Councilman Cavener. Thank you for the opportunity to speak. I reside at 2482 East Springwood, which is in Greenhill Estates, which would be part of the Hickory issue, but that's behind us. As I look at this application, there are several parcels in this area that are in needed of development. What I'm offering is an alternative to get to those parcels to allow the development and it's not simply using the current streets , that's just putting an overburden on streets that aren't built to take the traffic. What I'm talking about is that Bentley is a stoplight that goes into Locust Grove. That would relieve pressure off of the Woodbridge situation. But it would take rebuilding Bentley and extending it, kind of parallel to the freeway and, then, coming down or to the north into those parcels. That would give access to develop those parcels. So, I would ask that the application be denied and you take a longer look, no pun intended, look down the road, how to get to those other parcels, build a sufficient street to bring in the development and go from there and I would ask that the application be denied. Thank you for your time. Bird: Any questions? Thank you. Meridian City Council July 26, 2016 Page 32 of 57 Ballard: Thank you. Bird: Stan Bowman is against. Didn't want to testify. Steve Jensen. Against. Tom Baker. Richard -- Richard and Gloria Nanney. Sorry. Marilyn Nelson against. Jack -- I can't read the last name on that . Nelson? Nolan? I'm sorry. And Kyle and Cheryl George signed up against, but did not want to testify. Carmen Halstead and Larry Halstead. Kathy Todd. Gary Todd. Mary Kay Horel. Dale Brown. All signed up against, but did not want to testify. Ronald Vance, Senior. Vance: My name is Ronald Vance, Senior. I live at 2621 East Autumn Way in the Greenhill Estates and if you look at the map I am directly in the middle on the acre lot on the other side of what would be the fence and the proposed berm and I have to agree, the changes that have been made are -- are better than what was proposed before. However, one concern I have that hasn't been addressed is that the berm is going to be composed of disturbed soil and most construction people know that once you disturb the soil, the soil is not compacted as it would have been for -- if it hadn't been disturbed for a thousand years and even if you compact this berm you would need to put posts in for this fence that goes down through the berm into the undisturbed soil below it and if you don't we are going to get with some of these gigantic winds that we again, we are going to get that fence blown down right into my backyard. Another concern is the -- well, I guess we have already addressed the -- the cost of property going down -- or the value of property going down in the Greenhill Estates area with all these extra people and anytime you build an apartment complex -- and I have seen this over my nearly 70 years of life, the complex degrades over years and in many cases that leads to a group of people moving into those apartments that are less than desirable, people that may be into things that may be illegal. Drugs, that kind of thing. Not a good fit. One other thing I'd like to say is that -- as far as -- as the traffic goes, I avoid Eagle Road like most of us do like the plague and my doctor's office is right over here on Magic View and many times I'll take , instead of going up Luke -- St. Luke's Drive to the light, which is almost always backed up, I will take a drive through Locust -- through the -- the other subdivision over there and -- Woodbridge I guess it is and make rights on Locust Grove , a right on Franklin, and a right into my neighborhood. So, yeah, that's -- it's -- it's a big concern. Bird: Sir, could you summarize, please? Vance: I think I'm pretty much at the end. Bird: Okay. Thank you. Vance: Any questions? Bird: Any questions? Thank you very much. Vance: You're welcome. Meridian City Council July 26, 2016 Page 33 of 57 Bird: Okay. Lorraine Bowman signed up against, but did she want to testify? These people signed up against, but did not want to testify. Kelli Ketlinski. Beg your pardon? Oh. Okay. Come on up. Ketlinski: Move that so I don't whack it. Mr. President, Members of the Council -- or Members of the Council, I'm Kelli Ketlinski. I live at 2586 East Autumn Way in Greenhill. I love this area. My husband and I built a house in Woodbridge in 2003. Lived there for six years. Moved over to Greenhill, just half a mile away as you walk. We love this area. I do want to make a couple of points that I don't believe have been hit too closely tonight. The applicant mentioned that the CC&Rs will protect the management of the units. CC&Rs, however, can be amended. Usually either -- either by majority or supermajority. So, I don't think that that's a huge long-term protection that that will provide. He also mentioned that this fits in the Comprehensive Plan. It doesn't fit in the Comprehensive Plan. They are asking for an amendment to the Comprehensive Plan in order to do that. The point has been made that this is medical corridor and should be protected in that. In order to make a Comprehensive Plan amendment it does have to be -- you have to consider whether it's consistent with the existing surrounding land uses and not a burden on existing and planned service capabilities, including schools. That goes for the annexation and rezone as well. If you look -- the schools have been brought up, but our neighborhood Greenhill -- now the high school students can no longer go to Mountain View , which is so close that they cannot ride, but we cannot go to school there now. The kids that go to high school now have to go to Centennial. So, now have to be bused all the way down Eagle Road, 20, 25 minutes to go to Centennial. That's my understanding is the current boundaries, where they are, so -- and my -- my last point is that most of the businesses that the applicants -- or refer to as they are creating homes for, it's not going to limit traffic. All of those places still will create traffic through that area to get in and out. People aren't going to walk -- aren't going to walk to Scentsy for the most part. They are not going to walk across Eagle Road, across the freeway, to get to Silverstone. So, it is geographically close and in some areas it might make sense if they would walk or ride their bike. This particular area people do not walk across Eagle Road. Very, very rarely. So, those are all the points that I have. Bird: Any questions? Thank you very much. Ketlinski: Thank you. Bird: Arlene Eld signed up against. Larry Eld signed up against. Kimberly Jensen signed up against and she didn't say whether she wanted to testify or not . Diane Colivas signed up against. Didn't want to testify. Jerry Colivas signed up against, didn't want to testify. Sandra Manike signed up against. Didn't want to testify. And I apologize if I'm butchering your names. Sandra Manike signed against. Didn't want to testify. James Maverick or Mavick signed up against. I can't tell whether it was no or if he wanted to. Andrea Gillespie signed up against. No. Kristin Schoboda signed up neutral, but didn't want to testify. Ron Peterson signed up against and would like to testify. Ron. Meridian City Council July 26, 2016 Page 34 of 57 Peterson: Good evening. My name is Ron Peterson. I live at 503 South Thornwood Way in Woodbridge Subdivision, Meridian. Been a lot of stuff covered here tonight. Just wanted to offer my personal experience of living in Woodbridge . I have had three cars in front of my house hit by cars coming down Woodbridge at high rates of speed . Of the three car accidents in the six cars involved, four were totaled completely. I have an eight year old daughter. You know, her ability to play in the front yard is reduced as it is. So, our quality of life is affected greatly by your decision. So, I'm very much against this project. I don't think it's appropriate for the area. I think there are more appropriate projects that -- that could be put in there that -- that everybody would be fine. So, I appreciate your time and thank you. Bird: Any questions? Thank you very much, Ron. Sandy Muccia signed up against. Not testify. Darlene Kertchner signed up against. Didn't want to testify. Cori Duncan signed up against. Didn't want to testify. Cameron Powell against. No testify. Tonya Badis signed up against and didn't want to testify. Wendy Taylor signed up against. Ron Taylor against. Not testify. Kelly Barbour signed up against and would like to testify. Barbour: Mr. President, Council Members, thank you for your time. Just kind of the big picture, I think it's just important to maybe relate my experience of the folks that I have talked to. I'm at 2482 East Autumn Way in Greenhill and, like the Ketlinskis, I was wanting a new home in Woodbridge and made this short move. I think all the folks that I have talked with who are really thinking this through and struggling with what's the right decision and what's the right point of view to have on this, I think no one is questioning the motives of the property owners or the developer. Everyone understands what property is for and that they should allowed to value that property. I think the biggest issue is the responsible use of that property and in this case when you think about the -- I think it was mentioned one time briefly, but just the -- the corner there along Magic View and Allen and the amount of energy that would need to be put into that to make it safe for this kind of traffic density, that's not included in this plan and I understand why. That's not a money-maker maybe for the developer to do it, but to me that signals a real red flag. No sidewalks. No improvement of that corner. No streetlight, anything else along those lines. I would also just echo the traffic generator points that Mr. Overton and Mrs. Ketlinski made. The school district boundaries have moved. All those folks in this subdivision, Pope's Garden and the other two adjoining subdivisions, those kids will go to Centennial High School now. That's a big traffic generator at various hours throughout the day. But even the business traffic that's generated that's already at issue on the east side of the development, in addition to what we have heard about Woodbridge, none of these businesses, as Mrs. Ketlinski has mentioned, these aren't businesses that folks are going to walk to. They are going to drive to. So, now we are generating more traffic along the busiest corridor that we have and also the third thing along that line to be the time of day. So, whatever the numbers say the traffic study, the time of day that that traffic is occurring in residential, as opposed to a medical office building where you have , you know, basically, maybe a light steady stream throughout the day, as opposed to concentrated times during peak Meridian City Council July 26, 2016 Page 35 of 57 hours and, then, also evenings and weekends, which are all the times when people want to be able to enjoy the safety of the ir residential neighborhood. I would also support the point that Mr. Ballard made about the southern access along the freeway and exploring that possibility and I just think there are other options out here and I think this political season, unfortunately, our country finds yourself in a situation where we are forced to choose between the lesser of two evils and I think what's been possessed -- what's been presented by the developer in this case is that we only have two options, what might be in the future or what they are proposing and I would say I think we are better than that. More better than maybe the two parties can come up with in our presidential election system. Let's see if we can find something good and a better solution for these really great pieces of property and really great subdivisions in I really a gem city in our state. So, thank you for your time. Bird: Thank you. Any questions? Thank you very much. Okay. The following signed up against, but didn't want to testify. I will read -- Martha Clements. Jim Eldridge. Rhonda Young. Kathy H. Cheryl Reynolds. Donald Hayworth. Bill Henrico. And, then, Larry Andrews signed up for -- or against and wants to testify. Andrews: Larry Andrews. 2330 East Autumn Way in Greenhill Estates. I am going to be repetitive, but we had a lot of acreage in that area that is not accessible by vehicles from the south or the north, only the east and west. To the east is Eagle Road, but to the west is through Woodbridge. So, there is two ways in and out of this area and I don't think we want to run those cars through Woodbridge to get to downtown Meridian, to get to Winco, to Home Depot. So, I very much second what Dave Ballard said. That's all I have to say. Bird: Thank you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Quick question for you. You said 2330 East Autumn Way? Andrews: Uh-huh. Palmer: And I definitely appreciate you as a citizen your concerns for your neighbors in the adjoining subdivision. I'm curious -- you're down a little bit further from being against the property. I'm wondering how the development might affect you. Andrews: Okay. I'm one of those joggers with the dogs that's been covering this area for 30 years and so I'm all over all these places , including the hotels down around Magic View and Wells. Those customers go out to Eagle Road and go out to the freeway and so it's traffic for me as well, but they are my neighbors and I care about my neighbors in Woodbridge. So, that's my primary motivation. Meridian City Council July 26, 2016 Page 36 of 57 Bird: Any other questions? Thank you. These following signed against, but did not want to testify. Peggy Slayton. Terresa Henrie. Brent Belliston. Wayne Gehring. Pam Russell. Brian Russell. Sandra Overton. Linda Tebo. And, then, Roger Tebo signed up and would like to testify. Tebo: Good evening, Council Members, President Bird. My name is Roger Tebo. We own the property at 675 South Wells. We don't reside there. We live in Banbury Meadows. We got involved in that deal. I think Mr. Fox, Gene Fox, referred to Austin Jones and we had a lot of money in that five acres. So, we were kind of forced to bail it out -- long story short, we ended up in that over a million bucks. So, our view of it might be a little bit different than a lot of the folks here. Ordinarily, if we had that property and we could transition into R-15 we would probably be jazzed, you know. It would be fantastic. But it's not appropriate. Doesn't fit the plan -- the general plan at all. Doesn't fit the neighborhood. I feel it would be a blight in the neighborhood. I disagree that there is going to be a shortage of apartments, that type of development. I understand there is going to be some apartments applied for over by the Great Wall there back toward the park. A guy has purchased some property and he's going to probably go for apartments back in the back there. Also I heard there was going to be apartments being planned for Locust Grove over by Franklin and along Victory Road east of Eagle there is a lot of good space there that's available for construction of that type. One thing that I don't think has been mentioned -- the parking along Magic View is pretty dense once you get passed the residences of the five-acre parcels, but I would think my opinion, if this apartment complex went through, we would have a lot of parking along -- on Magic View and likely on Wells as well, blocking access to people's mailboxes, the trash pickup, et cetera. Anyway, I would just like to be on record that I strongly oppose the project, not on the basis of its merits, but on the basis of where it's at. It's -- it's the wrong site. That's it. Bird: Any questions? Thank you very much. Tebow: Okay. Thank you. Bird: The following ones signed up against, but did not want to testify. Michael Thayer. Stan Schrader. Honor Harris. Kathy Hines. And Kelly Buchanan. Gary McAllister signed up against and wants to testify. McAllister: Mr. President, Members of the City Council, Gary McAllister. 2115 East Bowstring Street. Live in Woodbridge along the main access. I think we have covered everything. I'd like to yield back to -- the guy with the homeowners association I think presented everything fairly well, including residential streets, if he had anything else to say. Bird: Thank you. These signed up and didn't specify whether they wanted to testify or not, so as I call, if you want to testify raise your hand and come on up. Nora Overton. Okay. I just about didn't call your name. Lou Linam. Karri Townsend wants to testify. She's against. Meridian City Council July 26, 2016 Page 37 of 57 Townsend: Thank you, Mr. President and Members of City Council. I'm Karri Townsend. I live at 1820 East Bowstring Street in the -- in Meridian in the Woodbridge neighborhood and I'm glad many of my points have been made already . I will spare you those. But I do want to just leave with -- that I am in no way opposed to apartment buildings. I have lived in apartment buildings as an adult. Our kids were -- we had kids live within apartment buildings and I know that very responsible , good community citizens live in apartment buildings and I am also very happy with the -- one part of the aspect of the proposal that would mean that less traffic would be going through when Hickory was denied to go through, then, I'm very happy for our Greenhill neighbors and we have a very good relationship with Greenhill . I'm a little biased, because my sister lives there, too. But -- and my kids play there. But I do want to say that if this is approved, because there would not be that traffic going through Greenhill, but it will add more of a burden onto Woodbridge traffic and I know that you have heard a ton about that, but I just -- just some details, a little bit of -- if you haven't driven through there, there are two routes that you go. The route that is most commonly traveled -- it has about 1,200 trips a day as of two years ago, which I think is probably a lot more now, as more buildings have -- more development happens -- has 36 driveways that go directly onto it. The driveways are not long, they are short, they are just barely long enough to park a car in and most of them are sloped downward toward the road and we have -- like as you have heard, lots and lots of children that play and we want our kids outside playing. It's healthy for them and it's why we moved to Woodbridge. So, in there -- and, then, going the other direction there were I think about 500 trips a day and -- and even more than 36 driveways directly on that. So, the one section of Woodbridge -- of Bowstring Drive that has the 36 driveways on it has really become a default collector for all the traffic coming through there and there is an image that just -- it's stayed in my mind since the March 30th ACHD hearing and that's -- and Bill -- Bill Parsons was speaking and he said that as more traffic -- more development was occurring in this area that without more connectivity Eagle Road will eventually break and what I want to say to you is that I do not think it is fair to ask Woodbridge to shoulder the traffic that cannot be handled by Eagle Road and we know that development will happen in that area , but what I plead with you to do is to look at other options that can make our neighborhood safe for our kids and for our residents. So, thank you. That's all I have. Bird: Thank you. Any questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Quick question. I appreciate your testimony. Do you know about on average how many homes are in your neighborhood? Townsend: I think there are 230 -- 279. Meridian City Council July 26, 2016 Page 38 of 57 Cavener: Thank you. Bird: Robert Parker signed up against, but he didn't specify whether he wanted to testify or not. Parker: Council and President, thank you. My name is Robert Parker. I live at 1943 East Pegram Street in Woodbridge and the one thing I would want to bring up is I am on the homeowners association for Woodbridge and I understand the weaknesses of a homeowner's situation. It is a volunteer situation and I can't personally see something like 40 people -- individual owners in a -- in a project like this in a couple of years sitting there and not having problems, that it will someplace fall apart. Somebody is going to go bankrupt. Somebody is not going to keep his property up. Somebody is going to undercut somebody else on the -- because nobody is working together on a big situation like that. So, it's just the one thing I wanted to bring up. Thank you. Bird: Any questions? Thank you. David Roberts signed up against and did not want to testify. David Wenz signed up against. Didn't want to testify. Brent Sherod signed up against. Did not want to testify. Carol Johnson signed up against and thought you might want to testify. Johnson: I'm Carol Johnson at 766 South Reno and that's in the Woodbridge Subdivision. And I know it's late and you've heard ad nauseam some of these concerns, but I appreciate you giving us the time. I really feel strongly that not only the current residents in this area will suffer safety and quality of life in our day-to-day through this development, but I think that the future residents of this development would suffer those same things. One thing that hasn't been brought up is the parking spaces. If I remember correctly from the Planning and Zoning there were less than two parking spaces per unit. I think most homes have at least two automobiles or vehicles. They also have neighbors, friends, and visitors coming and going. If they don't have a place to park I assume those will be parked on the street, further adding to this whole mess we have been talking about. So, I appreciate your time. Bird: Thank you. Any questions? Thank you very much. Eric Stoffel signed up against and would like to testify. Thank you. Lorrie Somazzi signed up against and would like to testify. Somazzi: I'm Lorrie Somazzi. I live at 1896 East Bowstring Street. Thank you, Mr. President and Council for hearing me. I'm against this project. I am a nurse at St. Luke's. I will fully disclosed that. At St. Luke's -- I have been here for almost 21 years at St. Luke's. When I first moved here we were one hospital. We used to close units on the weekends. In the 20 years I have been here when we come in on a Monday often St. Luke's Meridian, because we get all of the people coming from Nampa to St. Luke's Meridian, it's the busiest ER in the state. I don't want to lose the healthcare in my region to travel to Boise if I have an emergency or to Meridian because eventually St. Luke's Meridian is going to have to grow the way St. Luke's Boise has. If the City Council decides to take that Healthcare away, they are going to force it in one of the Meridian City Council July 26, 2016 Page 39 of 57 directions. I don't think you probably want to trust rush hour traffic, if your family member is having a heart attack, to get them to those locations, specially going to Canyon County, since they are choosing not to develop their roads, but Ada County has. So, I urge you as a concerned family member and citizen, not to take away those office buildings, because when they do expand St. Luke's Meridian, the hospital, they will be trying to take those offices that are on the west facing side, they will close that side of the hospital and move those offices out to expand . So, on that point I urge you to oppose. Thank you. Bird: Any questions? Thank you. Rogers Somazzi signed up against. Didn't want to testify. Rita Exline against. Crissy Exline against. Kathy Colunga against. Denise Jones against. Bruce Eldredge against. John Duncan against. Mary Ann Duncan against. Shannon Jushie against. Roma Talbott against. Chris Jones against. Katie Smith against. Chris Woght against. Daniel Quezada against. Rosario Quezada against. And Jerri Henry against and would like to testify. Henry: Good evening, Mr. President and Council Members. Thank you. My name is Jerri Henry. I'm at 2115 East Bowstring. Part of Woodbridge. I also call it the super highway between Locust Grove and Eagle. I am also one of those people -- it's a natural human desire to avoid Eagle Road, to go out onto Locust Grove to go to WinCo and things like this. From personal experience, because I live on Bowstring, I have been creamed I don't know how many -- almost creamed about -- a number of times trying to get out of my driveway. I witnessed a few years ago my neighbor's dog being hit by an Action Courier van cruising through and didn't stop. So, what I'm trying to tell you is we already have a problem. That wasn't specifically stated, but it's been alluded to by a number of people. We already have a problem in this subdivision, without adding 76 units that will be using this. Yes, I know you have heard about the traffic. I think it's pretty tenuous to put forth the argument that these people are going to work at these businesses. I happen to work in Boise, but I love Meridian and I choose to live in Woodbridge, but I want it to remain safe. So, thank you. Bird: Thank you. Any questions? Thank you very much. Okay. The following signed up and did not want to testify. Elizabeth Sherd. John Everitt. Katherine Lewis. Valerie Stefan. Sherilyn Robison. Bill Robison. Ernie Bader. Tavis Bader. Dean Michalschef. Diane Ehle. And Emily Erickson. And I apologize for butchering your -- anybody's names. This is a public hearing. Is there anybody that would like to testify that hasn't testified? Mr. Brown. Brown: For the record, Kent Brown. 3161 East Springwood. I do live in the neighborhood. But I am for this project and when we first met with the city staff there has been some questions and, hopefully, this can help people understand. When we first met with city staff they mentioned to us that since the time the Comprehensive Plan was put into play that the city changed the L -O zone and removed apartments out of it. So, we had two options. We could ask for a Comprehensive Plan change or we could go back and ask that that be put back in. Most L-O zones throughout the valley have that element in it, knowing that those are transitions to commercial areas. We Meridian City Council July 26, 2016 Page 40 of 57 have tried to make that transition on our site with the R-15, so that we are buffering the single-family residents to the north of us. When the Waverly Place development went in they were asking for L-O initially and, then, eventually got the R-8 zoning. This area is not called a medical corridor as a lot of people -- but it's called your core and its Eagle Core Business Area and it does make sense, its proximity, that it's going to have a lot of medical and that's what we are seeing a lot go in. There has been a little confusion about Magic View. ACHD would have required us to change and fix that Wells-Magic View intersection that they had issues with it. That's a part of their analysis and review. We are required to put curb, gutter and sidewalk along that -- that frontage and most of our site is a collector. You're not allowed to park on a collector. So, the other part has the entrance to a driveway and so a collector doesn't allow the parking to happen on it. So -- excuse me. So, that is a requirement that we actually would have to put signs that say no parking along there and that's -- so that from that point out to Eagle Road becomes a collector. If you look in the commercial portion that's already there, that's where those people are currently parking. The employees, the first thing they do is they get on Magic View and they park and, then, their parking lots are too small and they are an office use and some of them are commercial uses. Our transition that we are providing is that we are buffering the heavy intense stuff that would be on the south side of Magic View and on the east side of Wells. The office or our apartment use as we have tried to buffer the neighbors, provides that transition. Anything that gets developed in this area, office or otherwise, is going to run traffic through the limited places that they have . The proposal that Mr. Ballard has -- and I'm going to wrap up real quickly -- is to dump it onto some other neighborhood that doesn't have sidewalks, but it does have a light. You're really limited in this area. So, thank you. Bird: Any questions? Any other public testimony? Okay. Applicant. Amar: Mr. President, Council Members, again for the record my name is Kevin Amar at 1548 West Cayuse Creek Drive in Meridian. I took notes -- or I tried to take notes and I will try to address the items that came up . If there is something that I have missed, please, let me know and I will answer those questions. We have some -- it seems like the majority of the comments centered around two items, transition and traffic. And so I will address those first. As we look at -- and I have slides here to look at. As we look at these slides, this shows the Pope's Garden. Again, we talked about it being close to walking distance, to bus routes, to Eagle High -- Eagle Road and to the freeway. What I want to show on the next slide -- at least I believe it's the next slide -- is the -- that little yellow part is really important. So, I will just talk about it. The area adjacent to our northern boundary -- and with the change of the plat illustrates the buffer that we have from Greenhill Estates to -- into the project. Our buffer is from 40 feet to 130 feet from the back property line to our buildings. We also situated the buildings in such a fashion -- and, Jeremy, go back to the other one that just came up. We also situated the buildings in such a fashion that any back patios or windows faced internal to the project. The only windows that would face to the north are bathroom windows, really tall bathroom windows for venting. So, any of that transition that we need to do is away from Greenhill Estates as far as possible. It's Meridian City Council July 26, 2016 Page 41 of 57 two-story buildings within the project. There was recently a project approved in Meridian called Regency. It's the last phase of Regency. It has three-story buildings and they are within 20 feet, I believe 20 feet. It might be 25 feet -- of the Red Feather Subdivision. So, in comparison to transition and trying to be a good neighbor , we have accomplished that with this project. Now, let's talk about traffic. So, first of all, I did not complete my own traffic study. We hired Thompson Engineers, a traffic engineer, to go out and complete the traffic study. I hope we can go to slide 16 that talks about where people will go and when they will get there. We heard tonight about a traffic generator versus a destination. This project, in peak hour traffic, a.m. traffic is going to be 107 daily trips. Sorry. It's going to be 430 daily trips. Seventy-five percent of those will go to Eagle Road, 25 percent are going to go through Woodbridge. We understand that traffic is going to go through Woodbridge. Traffic currently from Woodbridge goes down Wells. That's -- I mean they are -- they are going to increase traffic in this area. What this project is -- it has far fewer traffic than an office project or a medical or other things that people say they would like in this area . As we went and Googled directions to various businesses within this area , those businesses drove us through Woodbridge. So, a business is going to be a destination. People are going there because they need to go there and , then, they are going to leave and return and that has multiple trips each and every day through the project . So, if we put office here or if we put medical buildings or if we put any other use here , it's going to increase the traffic to this area, compared to what we have proposed with Pope's Gardens. Again, we acknowledge that there is going to be additional traffic with this project. There will be additional traffic with any project. But if we put in office, if we put in something else like office, that traffic will be greater than what we are proposing with -- with Pope's Gardens. That isn't something I have made up. That's a traffic engineers, ACHD, they are the ones that have established that and have proven it through other projects that are out there. We also want to talk about -- if we can go back to -- this out of order slide, which has to do with transition again. Slide 11 I hope. It's not going to work. So, as we looked at buffering between some of the businesses that are existing currently in this -- in this area adjacent to Greenhill, this is a -- this little small yellow strip shows the area between the parking lot and the Greenhill Estates. It's approximately 20 feet, give or take, and that's -- there is a berm there, so there is some areas that -- that aren't going to have that increased buffering. So, this project overall is going to have a greater buffering, it's going to have less impact with traffic and will provide the community with something that it needs. It was asked why city staff recommended approval for this project. It fits the Comprehensive Plan. This meets the Comprehensive Plan. Mr. Brown testified earlier when the Comprehensive Plan was in place L-O was an acceptable location for multi-family. Since, then, text amendments changed in the L-O zoning, but the Comprehensive Plan didn't change with it, it didn't keep up with it, and so we are simply proposing this conditional use permit and Comprehensive Plan change to be in accordance with what -- what was contemplated at time the Comprehensive Plan was written. I understand change and I understand people not wanting change. I used to live in the middle of a sod farm next to no one and it's in the middle of Lochsa Falls now and we have Sellway Apartments and we have Kelli Creek and we have Fred Meyer. So, I understand the impact -- impact of that traffic. I understand the neighbors are concerned about that . But I also Meridian City Council July 26, 2016 Page 42 of 57 understand that with this proposal we are providing the -- the answers to those questions to the best that we can for this project and we -- I would stand with any questions. I'm sure there is something that I missed and I appreciate your time and ask for your approval this evening. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President. Mr. Amar, I don't know if you -- maybe you will know the answer, maybe staff would. When was multi-family removed from being able to be built in L-O, how recent that was? Amar: Mr. President and Councilman Palmer, I do not know that answer. Palmer: The reason I'm curious is, you know, if that had happened since Woodbridge had gone, you know, if Woodbridge -- if a lot of the residents had moved in with multi- family being possible to be built in that area or if it was the other way around? Watters: President Bird and Councilman , it was removed from the Comprehensive Plan I believe after the Woodbridge development . However, I can't remember the exact date. Palmer: Okay. Bird: Any other questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Mr. Amar, I believe one or two members provided some testimony with some concerns about the parking that you have provided in your facility. Could you maybe extrapolate on that a little bit for us? Amar: Mr. President, Council Member Cavener, our parking exceeds the minimum required, 2.3 parking stalls per unit, and so -- two is required. It exceeds the parking required. Cavener: Thank you. Amar: Thank you. Bird: Any other questions? Thank you. Amar: Thank you. Meridian City Council July 26, 2016 Page 43 of 57 Bird: Council? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I was just thinking this situation it would probably be best that we have any comments that we did before closing the public hearing, as we will undoubtedly reopen it should we close it. Bird: That's what we are up to -- Cavener: I'm okay with keeping it open. Bird: Go ahead. Any comments? Milam: Mr. President? Bird: Mrs. Milam. Milam: First, I would like to thank all the Woodbridge community members for coming out and telling me about the shortcut so that I could avoid Eagle Road . Anyway -- just kidding. I do have a doctor's office over there and I use Eagle Road and I -- but I can imagine that if I -- if I lived there, then, I would be looking for alternate routes. I go there because I'm going to a doctor's office from a different location . I know that if I lived there I would be looking for the shortest way out and a way to avoid Eagle Road any chance I got. So, I -- I think that the traffic is going to increase much more -- that happens with every development. So, that's okay, except for the fact that these are local streets, they are not built for the -- for an increase of traffic and it won't be safe and that's a big part of the -- of the problem that I have. The other point that I would like to make is that even though you could get a conditional use permit for an apartment complex in an L-O, it wasn't a guarantee -- it wasn't a given. It was not an approved thing. They still would have to come here and have this meeting to get the conditional use permit and we would be having the same exact conversation and it really comes down to the safety and the traffic -- and the streets. The streets are not cut out for more traffic cutting through there. Bird: Any other discussion? Cavener: I will be happy to chime in, Mr. President. Bird: Mr. Cavener. Cavener: I think this -- this project has been a challenge. I think that's why we have seen it remanded back to P&Z and the highway district being involved and the petitions Meridian City Council July 26, 2016 Page 44 of 57 and the letters from our impacted citizens. The struggle for me is that contrary to maybe some people's opinions, I'm a fan of -- of multi-family development. I'm a fan of apartments and I appreciate the person who provided testimony and said that all people who live in apartments aren't bad people. I'm pretty sure the police department could testify we have crimes committed in homes and apartments. But I appreciate whoever articulated that. We need diverse housing options in Meridian. The piece that I had struggled with I think many of these citizens have articulated is is this a good fit for that particular piece. Is this project in -- what I think this developer has went over and above with regards to open space, I think he's tried to listen to the residents as best as he can. I think he's addressed many of the concerns. I think this development makes great sense. We wouldn't have five minutes worth of discussion on a project like this if it was in a properly zoned area. The question I think for us is does -- does this project go above and beyond so much it necessitates changing the future land map and rezoning this piece of property and I'm struggling with that piece. I may be alone, I may be in the majority tonight, knock on wood, that depends on tonight it seems if I'm on the right or the wrong side of these things, but I struggle with this project, as great as it is, being so great that it's worth changing our current zoning. That's my opinion. Bird: Thank you. Mr. Palmer. Palmer: Mr. President, what makes you think I have something to say? Milam: We know. Palmer: Yeah. I -- if any of you have ever been to a meeting where we have discussed apartments or residents, they are super exciting. I have always spoken in favor -- I mean property rights are mentioned -- of a property owner's right to develop his property for something that make sense and to me residential adjacent to residential makes sense and especially understanding Eagle Road has got heavy traffic right there by the freeway, but I think that makes it even more proper to put something like this there, as opposed to somewhere that has no traffic, but isn't anticipated to have traffic for many years. I think that it's already there and -- I mean we can choose to believe the traffic engineer or not believe the traffic engineer as to whether apartments provide less traffic than offices. I lean towards trusting them, as I am no expert in it. And, again, it's residential against residential, so it makes sense to me. And when you own the property -- I mean I don't -- I don't know of anyone that lives near here has made any attempts to purcha se the property to be able to have a definite say on what goes there. I feel if you want to have absolute say on what goes to the property that's near you, you better own it. And beyond that if it makes sense as residential near residential, then, I'm going to vote for it. Bird: Any others? I will weigh in a little bit. Residential against residential is right, but this is office, too. Offices is in there. This was zoned for offices. I happen to be one that got to visit the wound center quite often at 6:00 o'clock in the morning for a few days and to be truthful with you I went through Woodbridge, because it was better than Meridian City Council July 26, 2016 Page 45 of 57 getting on Eagle at that time in the morning and they are not -- they are not kidding when they say those kids are sitting out there for the bus and stuff . While I think everybody has a right to do with their property as long as they do it right , I don't think this -- this development -- this area has the roadway or the access to get in and out of at this point and I think that the traffic study is probably way off . I think there will be a lot more car trips than what they show. It usually has -- we had a beautiful study at the corner of Franklin and Eagle Road when it -- when we started Portico and it was the finest traffic study I had ever seen and I will guarantee you within six months that traffic study was outdated. So, I feel at this point right now that -- that this area would be better suited to stay office buildings. That's my take on it. Any other? Milam: Mr. President? Bird: Mrs. Milam. Milam: I would like to reiterate -- that was one of the notes that I had -- to -- to the developer -- it is a great project. I like what you have done. Like the amenities you have added. There would be nothing else about this project, other than the location and I think the detriment that it will have on the neighboring area and having to change the zoning for that if it was in a proper location with proper ingress and egress to better streets. Bird: Any other discussion in public? If not, I would entertain a motion to close the public hearing. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we close the public hearing on H-2016-0006 as revised. Milam: Second. Bird: I have a motion and a second to close the public hearing. All in favor say aye. Any opposed? Public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we approve H-2016-0006 as revised. Cavener: Just to play this out I will second that. Meridian City Council July 26, 2016 Page 46 of 57 Bird: Okay. We got a motion and a second to approve H-2016-0006. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: We are just voting currently -- correct on number one? Palmer: I think it's the whole -- Cavener: We are going to do the whole -- Palmer: One, two, three, four. Cavener: Okay. Bird: It's the whole thing. When we changed our applications to those number s we went for the whole thing. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Maybe for the public's benefit, this -- this seating situation is a little different than normal. Usually we have got six of us and the Mayor and so we are trying to plan ahead for if we end up having a tie and so if that were to happen our options are to let it as a tie and it fails or continue it to a meeting when the Mayor or the rest of the Council can maybe break the tie; right? Nary: Mr. President, Members of the Council, Council Member Palmer, yes to both. So, the tie vote does fail and, then, your option, then, would be to revote with a different motion or to continue it to when the rest of the Council can be present and the Mayor, which the soonest would be August 16th. Palmer: Not that I anticipate that, because my motions never fail. They usually fail. Bird: Any other questions? Madam Clerk. Roll Call: Bird, nay; Borton, absent; Milam, nay; Cavener, nay; Palmer, yea; Little Roberts, absent. MOTION FAILED: ONE AYE. THREE NAY. TWO ABSENT. Bird: We don't need that. Thank you, everybody, for coming out. Meridian City Council July 26, 2016 Page 47 of 57 Cavener: We still have to vote to deny it then. His vote just didn't pass. We have still got -- Nary: There is still a motion you have to make. Bird: We got a motion. Okay. Do I hear another motion or what do we want to do? Cavener: I will do it. Mr. President? Bird: Mr. Cavener. Cavener: I move we approve 8-D request -- I guess it would be -- I request we deny -- I move that we deny Item 8-D. Bird: That is H-2016-0006 application. Okay. Milam: Second. Bird: Okay. We have got a motion and a second. Any discussion? Cavener: Mr. President, I just want to reiterate -- I think this is a great project and I hope that you find a use for this in our community, because we need housing like this in our community. Bird: Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent. Bird: It's denied. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Bird: Okay. We move on to Item -- Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Mr. President, would you entertain a five minute recess? Bird: We will take a five minute recess. (Recess: 8:37 p.m. to 8:46 p.m.) Meridian City Council July 26, 2016 Page 48 of 57 Bird: Okay. Council, let's move on -- before we move on, Mr. Nary, there was some questions -- clarity on the findings. Nary: Mr. President, Members of the Council, I just wanted to clarify for the record and for the makers of the motion for the denial, that what I heard from the Council was the basis for denial was not the unwillingness to amend the Comprehensive Plan to include multi-family into a light office district, as well as concerns about safety and the location of this particular project, but primarily it essentially was not willing to amend the Comprehensive Plan to include L-O -- or, excuse me, include multi-family back into the L-O district, would that be correct? Cavener: It would be for me. Bird: Was that your motion? Cavener: Yes. Nary: Okay. And the second thing there was a request -- it doesn't have to be tied to this, but we would like direction. One of the recommendations from the Planning and Zoning Commission was that the city fashion a letter to ACHD to do a traffic study of this area to look for alternative locations for streets and such. It has also been discussed by the Transportation Commission and they have also agreed to want to pen a letter as well. So, if that would be something that Council could direct, we would appreciate that and we will pen a letter and have it back in front of you. Cavener: Mr. President, I had failed to include that in my motion. I think that's something to Mr. Nary's point that P&Z and traffic safety has encouraged, so I guess I would ask that we agree that -- to have the Mayor send a letter to ACHD. Regardless of this development there is going to be significant questions that are going to continue to arise and partner with ACHD sooner, rather than later, to have a more accurate picture of that -- that area. Bird: I would definitely agree with that. Mr. Palmer? Palmer: Mr. President, I get in trouble when I sign letters. Bird: You don't have to sign it. Cavener: Mr. President, I would just ask the Mayor to sign it. Bird: Mr. Nary, would you and Caleb take care of getting that letter addressed, so we can -- or done so we can do it and, then, when the Mayor gets back she can sign it? Nary: Yes, sir. Meridian City Council July 26, 2016 Page 49 of 57 E. Public Hearing for Bancroft Square (H-2016-0055) by Schultz Development Located 2750 S. Eagle Road 1. Request: Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Thirty-Three (33) Building Lots and Five (5) Common Area Lots on 5. 41 Acres of Land in the Proposed R-8 Zoning District 3. Request: Modification to the Conditional Use Permit/Planned Development (CUP-02-005) to Change the Approved Use from Office/Multi-Family to Single Family Residential 4. Request: For An Amendment to the Development Agreement (Sutherland Farm, Inst. (102143307) to Updated the Development Plan for this Site Bird: Thank you. Okay. Moving on to 8-E is a public hearing on Bancorp Square. Bancroft Square, H-2016-0055. I will open the public hearing. Staff. Watters: Thank you, President Bird, Councilmen. The next applications before you are a request for a rezone, preliminary plat, and conditional use permit modification. This site consists of 5.41 acres of land. Zoned R-4. Located at the southeast corner of South Eagle Road and East Easy Jet Drive at 2750 South Eagle Road. This property was annexed and included in the planned development and preliminary plat for Southerland Farms Subdivision back in around 2000, 2001. The planned development conceptually approved office and multi-family uses on this site as a land use exception in the R-4 zoning district. A detailed conditional use permit was required prior to development. The Comprehensive Plan future land use map designation for this site is mixed use community. The applicant proposes to rezone 6.54 acres of land from the R-4 to the R-8 zoning district for the development of 33 single family residential homes with a density of 6.1 units per acre. A modification to the previously approved conditional use permit and planned development is requested to change the use approved for this property from office and multi -family residential to single-family residential at a density desired in the mixed-use community designated areas. A preliminary plat is proposed consisting of 33 building lots and five common area lots. Access is proposed at the north boundary via Easy Jet Drive with a stub street to the south for future interconnectivity. Access is also proposed to the east via South Nephrite Way. No access is proposed via Eagle Road and is prohibited. A landscape street buffer is required along Eagle Road in accord with UDC standards. Landscape parkways are proposed along East Gerdner Drive and Court. A minimum of ten percent qualified open space is typically required to be provide d along with one site amenity for development five acres or more in size, which in this case amounts to .54 Meridian City Council July 26, 2016 Page 50 of 57 of an acre with one site amenity. Because this property was originally included in the preliminary plat for the Sutherland Farm development and is included in the planned development, the applicant requests this property is allowed to develop as originally intended as the last phase of the subdivision and that qualified open space and site amenities for the overall development is considered to cover this portion of the site as well. A total of 11.3 percent or 13.24 acres of qualified open space has already been provided with the Sutherland Farm development, along with site amenities consisting of a three-quarter mile long regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a two-and-a-half acre park, tot lot, a gazebo, swing set and horseshoe pits. The applicant states they have discussed incorporating the subject property into the HOA with the Sutherland Farm HOA and have reached an agreem ent, but it has not yet been finalized. In the event the agreement is not finalized staff recommends the plat is revised to provide the full ten percent of qualified open space. Currently they are proposing 7.9 percent or .43 of an acre. Conceptual building elevations for homes within this development have been submitted as shown with a variety of building materials. One and two story structures are proposed ranging in size from 1,200 to 2,200 square feet, similar to the size of homes in Sutherland Downs Subdivision to the north. Because homes on lots that back up to or face South Eagle Road and East Easy Jet Drive are going to be highly visible, staff recommends the rear and/or sides of homes on lots that face or back up to these roadways incorporate articulation through changes in materials, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission voted to recommend approval of the subject applications . Matt Schultz and Robert Nielsen testified in favor. No one testified in opposition. Bonnie Broussard and Fred Cooperus commented on the application. Written testimony was received from Matt Schultz, the applicant's representative. Mike and Annette Wheeler. Arney and Kay Veers. Bill and Sally Riggs. James and Marsha Harris. Joanne St. Charles and Robert Nelson. Ken and Mary Ellen Wheeler. Robert and Laural Nielson. Tom Reynolds. Ken and Eileen Skillion. All of these were in favor of the development, provided that the minimum open space and site amenity requirements are provided with this development or, in the alternative, that the development is included in the HOA for either Sutherland Farms or Sutherland Downs, in order to help bear the cost of maintenance of these private common areas and also subject -- be subject to certain architectural design guidelines as determined appropriate for this development. The key issues of discussion by the Commission -- the Commission was in favor of the proposed development. There were no changes to the staff recommendation and there has been no written testimony since the Commission hearing. Staff will stand for any questions. Bird: Thank you, Sonya. Any questions for Sonya? Okay. Is the applicant here? Schultz: Good evening, Council. Matt Schultz. Schultz Development. 8421 South Ten Mile, Meridian. I'm also here with the Joe Atalla at Berkeley Building Company. Berkeley is under contract to purchase the property. I'm helping them do the approvals and do the development to, hopefully, build it next year and his office is actually right around the corner in El Dorado. Really close to the site. And I live in the area, too. Meridian City Council July 26, 2016 Page 51 of 57 Have been working in South Meridian for 16 years now in development, so it all feels like home. We want to do a good job and on this one it's interesting that we are, essentially, the last phase of the project started in 2002 by Trevor Roberts , who has since passed away, and he got most of it done. He got most of the single family done. Since then a mini storage there was a failed attempt to do some apartments on this site I believe. I heard that. So, we do come in -- when I come in only the single family detached, it was a good product, it's a good fit. We matched what's across the street what's already in Sutherland Farms. We were kind of pleasantly surprised in our neighborhood meeting that people were saying, hey, you should -- you should come into our HOA, you're going to use our park anyway, which kind of like -- we don't usually hear that, but, then, again, I usually don't do the last phase of a project started in 2002. So -- so, it is a little bit odd for me to be in this situation, but it's been real pleasant working with their HOA president and board and some of the neighbors who all -- for the most part -- I can't remember a negative comment, other than you need some more single story, just because we want to buy them. You know, the product that we have set up right now is two stories. Looking at developing the single story in it, because we think it will sell really well. But we have negotiated -- sat down with their board and negotiated, essentially, an entry fee. It will pay the equivalent of an amenity in ours towards them upgrading. Do you have the overall site plan, Sonya? Of the overall Sutherland Farm I gave you in the last meeting? Just kind of shows --there is a central six acre park in the middle of the 110 acres out there in Sutherland Farms. There is, actually, two HOAs out there. One is Sutherland Farms, which is the bigger lots, which we are actually joining that one, which is kind of unique. We are the small lots joining the big lots, which -- of 254 lots and Sutherland Downs is right north of us, they have all maintenance included, single stories, the different pay schedule. They are a separate HOA of -- of 79 lots. So, there is 333 lots existing out there. Two different HOAs. We are joining the bigger one. We have agreed to join. They have -- they have some architectural control, which is hard for us to give up, but we are going to give some of that up just to get along with everybody and give them a monetary contribution and -- and decorative streetlights to match their decorative streetlights is what they would like to do and we are doing detached sidewalks. They don't have them. We are going to do detached. We feel like it -- it opens up that street feel a little bit to have the detached parkway strips, even though we are giving up a little -- a little rear yard for that, we feel that it was important to the streetscape. So, all in all -- I could probably talk too much here. Staff recommends -- we are good with staff recommendations. We have an agreement on paper. We just haven't signed it yet. We still have to take it to their -- to their homeowners at large and get a 60 percent approval or 66 percent, which they seem confident, but we will see how it turns out. We seem to have a lot of support. And if it works out, great. If it doesn't the changes -- and it's -- the reason we don't hit ten percent is because they won't let us count the existing buffer on Easy Jet, because it's not technically a collector. But we have over ten, we just can't count it. So, to meet it, technically, we would have to give up one lot and put in an amenity on our site is what it would be. An easy change, you know, to meet the ten, plus one amenity. We would rather save a lot and build -- help them upgrade some larger amenity for everybody in their main park, which you can see in the middle here where it says 5.9 acres. That's the main park for Sutherland Farms. Meridian City Council July 26, 2016 Page 52 of 57 We are over here to the west, less than a thousand feet away. Sutherland Downs right north of us, they have their own two and a half acre park that our homeowners may or may not use. I hope they don't get too offended if they walk through. I know they are saying this is our park, it's not our park, and we are trying to avoid that by joining at least Sutherland Farms for now and not having that you can't use my park issue come up, so we think it's a great project. We agree with staff's conditions of approval and we hope to present a final plat to you shortly and get going on it. So, stand for any questions. Thank you. Bird: Any questions for Matt? Thank you, Matt. Schultz: Thanks. Bird: This is a public hearing. We had nobody sign up. Is there anybody that would like to testify? If not, do you want the final word or have you had it? Schultz: I'm done. Bird: Council? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we close the public hearing on H-2016-0055. Milam: Second. Bird: I have got a motion and a second to close the public hearing on Item E. All in favor say aye. Any opposed? MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: Council, what's your -- Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I can't remember if the previous attempt to building on this property was a meeting that I attended before I was in or if it was since I have been in. If it was since I have been in I voted for it. If it was before I would have. But I'm sure -- especially given that there is not really anybody here compared to that meeting, that they are much happier with the proposal now. And with that I move we approve H -2016-0055. Milam: Second. Meridian City Council July 26, 2016 Page 53 of 57 Bird: Okay. Got a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Public Hearing for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue 1. Request: Short Plat Approval of Two (2) Commercial Lots on Approximately 0.689 Acres in the C-G Zoning District Bird: Item F. Public hearing on H-2016-0078. I will open the public hearing and start with staff comments. Josh. Beach: Good evening, President, Council Members. As you say, this is an application for a short plat for what is called Binary Subdivision. The site consists of 0.689 acres. Currently zoned C-G. Located at 1351 East Fairview Avenue. A little history on this property. In 2007 the property received preliminary and final plat approval for the four lot Intermountain Outdoor Subdivision and in 2011 a portion of the property was developed with a Dutch Brothers Coffee kiosk that's currently operating on the east portion of this property. The proposed short plat consists two commercial lots, as I said, on 0.689 acres in the C-G zoning district. The proposed plat is a resubdivision of Lot 2, Block 1, of the Intermountain Outdoor Subdivision. The existing Dutch Bros. Coffee is located on Lot 2, Block 1, of the Intermountain Outdoor Subdivision. The existing landscaping along the north and the west portions of the property along Fairview and -- and the adjoining local streets are in place. There is a cross-access agreement associated with the property and access is taken from Fairview Avenue , as well as Stonehenge to the west. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in the UDC. Staff is recommending approval. The applicant did respond in agreement with the staff report and there are no outstanding issues for Council to review on this. I will stand for any questions you have on the application. Bird: Thank you, Josh. Any questions? Applicant? Mr. Tealey. Tealey: Mr. President, Members of Council, my name is Pat Tealey. Office address 12594 Explorer in Boise. It seems pretty lonely in here right now. I'm getting an echo. But we have read the staff report. We agree with staff. It's -- it's a development of a lot -- or a parcel where more buildings were approved for it. We just want to be able to split it, so we can sell the parcel. If there any questions I will stand for them. Meridian City Council July 26, 2016 Page 54 of 57 Bird: Any questions? Thank you. Tealey: Thank you. Bird: This is a public hearing. Anybody want to testify? Seeing none, Council, what's your -- Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing on H-2016-0078. Cavener: Second. Bird: Okay. We have got a motion and a second to close the public hearing on H-2016-0078. All in favor say aye. Any opposed? Milam: Mr. President? Bird: Public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Oh, sorry. Mr. President? Bird: Ms. Milam. Milam: Thanks for being here all night. I don't -- whoever made this agenda should be -- have a talking to, but -- it was probably some good entertainment for you. Anyway, I move that we approve H-2016-0078. Cavener: Second. Bird: Okay. We got a motion and a second? Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 9: Ordinances A. An Ordinance No.: 16-1701 (H-2016-0009 Fall Creek Meadows Subdivision) For Annexation and Rezone of a Parcel Located in the E 1/2 of the NW 1/4 of Section 24, Township 3 North, Meridian City Council July 26, 2016 Page 55 of 57 Range 1 West, Boise Meridian, Ada County, Idaho, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; This Parcel Contains 13.17 Acres More or Less. 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 Bird: Okay. Council, we got an ordinance. I don't know what the ordinance number is . Cavener: 16-1701. Bird: Thank you. If the Clerk would read it by title only. Holman: Thank you. City of Meridian Ordinance No. 16-1701. An Ordinance H-2016- 0009, for annexation and rezone of a parcel located in the east one half of the northwest one quarter of Section 24, 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. Bird: We have heard the ordinance read by title only. Is there anybody who would like to hear it -- or have it read it in its entirety? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Seeing none, I move we approved Ordinance 16-1701 was suspension of rules. Milam: Second. Bird: Okay. We got a motion to approve the ordinance. Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council July 26, 2016 Page 56 of 57 Item 10: Future Meeting Topics A. Discussion of Public Hearing on August 9, 2016 for PY2016 Community Development Block Grant (CDBG) Action Plan Bird: Okay. Council, moving on to Future Meeting Topics. We need to discuss the public hearing on the CDBG action plan that we have got scheduled for the 9th of August, which is our early deal and I agree with the other councilmen and I know the Mayor does, too, that we would like to have it work at least -- people that work get here by the deal, so, Mr. Nary, do you want to explain what -- what the idea that would work? Nary: Yes. Mr. President, Members of the Council, in discussing internally with the planning staff and Sean, the administrator, we have had some people from the public indicate they would like the meeting to be held at 6:00. We can't renotice this meeting. It's already been noticed. And we have to submit something by the 16th of August. But what Sean did indicate that we could do is start the meeting like normal at 3:00 o'clock. We can also notice up an additional public opportunity for testimony at 6:00 o'clock. It's -- as you all know, it's very hard to gauge will the meeting take three hours, will it take two hours -- I really don't know. But we can add the additional testimony and we will, then, renotice that as an additional testimony opportunity for people at 6:00 o'clock. So, if the meeting where to get over early, we simply would recess until 6:00 o'clock and, then, you would have whoever shows up and have an opportunity to testify at 6:00 like at a normal evening meeting and that would be compliant with the requirement for the public notice. It would be required with the public participation and it would probably satisfied, again, those that would prefer to come at 3:00, as well as those who would prefer to come at 6:00. So, if that's all right with everybody, that would be the plan. And, like I said, Sean was going to renotice -- not renotice. I'm sorry. Notice the additional opportunity for testimony. Cavener: I agree with that. Bird: Are you okay, Genesis? Milam: I do. Palmer: Yeah. I -- there was a couple e-mails that we got from people that requested that. I don't know if they were replied to and we were doing that or if they were waiting to do that until tonight. I just want to make sure those people get replied to. Nary: Mr. President, Members of the Council, Council Member Palmer, all of the ones that we received either through the city clerk's office or the Mayor's office have all been responded to. The ones that specifically ask about this I responded to d irectly and told them this is what we would be talking about tonight and that there would be additional notice that would be provided, both on the website, as well as our normal noticing process, so -- Meridian City Council July 26, 2016 Page 57 of 57 Bird: Okay. Council, any other future meetings? Next week we will not have Council. We got -- it's Night Out -- National Night Out. I hope you all are going to attend and have got a hold Peggy to -- so she's got all of you. So, I think -- I think, Council, for what we had you guy did one heck of a good job tonight. I mean we are out of here at 9:10 1 think for everything we had. Cavener: Mr. President? Well done on reading through those names. I know that can be a challenge and probably had a lot of doctors in the audience and the handwriting was a little rough. Bird: Yeah. Cavener: So, well done. Bird: Anyway, I would entertain a motion to adjourn. Cavener: So moved. Milam: Second. Bird: All in favor? Any opposed? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 9:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) POP MAYZ3R T MY DE WEERD ATTEST: o�QoaPYe° a City of EE VLMAN, CITY CLER f SEAL F RO�rhe TREA F/9//6 DATE APPROVED E I Its � CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 26, 2016 at 6:00 PM 1. Roll -Call Attendance O Anne Little Roberts O Joe Borton X Ty Palmer X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 12, 2016 City Council Workshop Meeting B. Commercial Real Estate Purchase and Sale Agreement for Well Lot #9 Expansion for the Not -to -Exceed Amount of $35,000.00 C. Data Exchange License Agreement with Intermountain Gas Company D. Resolution No. 16-1152: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to sell a 2005 Ford Explorer to the Kuna Rural Fire District. E. Final Order for Hill's Century Farm No. 4 (H-2016-0072) F. Findings of Fact, Conclusions of Law for Harmony Hills Assisted Living (H- 2016-0061) G. Findings of Fact, Conclusions of Law for Brundage Estates (H-2016-0001) H. Amended Development Agreement for Fall Creek (MDA -H-2016-0009) Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Final Order for Heritage Grove No. 4 (H-2016-0071) J. Final Order for Whiteacre Subdivision No. 1 (2016-0073) K. Final Order for Kenners Subdivision (H-2016-0079) L. Final Plat for Normandy Subdivision No. 2 (H-2016-0084) M. Final Plat for Normandy Subdivision No 3 (H-2016-0085) 6. Community Items/Presentations A. Valley Regional Transit (VRT) Lifestyle Service B. Addendum No. 1 to FY16 Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Lifestyle Service Approved 7. Items Moved From the Consent Agenda None 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Approval of the Amended Revenues and Expenditures for Fiscal Year 2016 in the Amount of $90,410,071 Approved B. Approval of the Tentative Proposed Revenues and Expenditures for Fiscal Year 2017 in the Amount of $119,946,412 Approved C. Public Hearing for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity Road Approved Request: Annexation and Zoning of Approximately 5.864 Acres of Land with an I -L Zoning District D. Public Hearing for Pope's Garden (H-2016-0006 REVISED) by Iron Mountain Real Estate Located at 2662 E Magic View Drive Denied Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 5.28 Acres of Land from Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval consisting of (Nineteen) 19 Building Lots, (Four) 4 Common Lots and (One) 1 Other Lot on 5.28 Acres of Land in the R-15 Zoning District 4. Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of 76 Dwelling Units in the R-15 Zoning District E. Public Hearing for Bancroft Square (H-2016-0055) by Schultz Development Located 2750 S. Eagle Road Approved 1. Request: Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Thirty -Three (33) Building Lots and Five (5) Common Area Lots on 5. 41 Acres of Land in the Proposed R-8 Zoning District 3. Request: Modification to the Conditional Use Permit/Planned Development (CUP -02-005) to Change the Approved Use from Office/Multi-Family to Single Family Residential 4. Request: For An Amendment to the Development Agreement (Sutherland Farm, Inst. (102143307) to Updated the Development Plan for this Site F. Public Hearing for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue Approved 1. Request: Short Plat Approval of Two (2) Commercial Lots on Approximately 0.689 Acres in the C -G Zoning District 9. Ordinances A. An Ordinance No.: 16-1701 (H-2016-0009 Fall Creek Meadows Subdivision) For Annexation and Rezone of a Parcel Located in the E 1/2 of the NW 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, Situated in Ada County, Idaho, and Adjacent and Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Contiguous to the Corporate Limits of the City of Meridian; This Parcel Contains 13.17 Acres More or Less. 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 Approved 10. Future Meeting Topics A. Discussion of Public Hearing on August 9, 2016 for PY2016 Community Development Block Grant (CDBG) Action Plan Adjourned at 9:10 p.m. Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Item #8C: Gibson Amity Property (H-2016-0036) Application(s): ➢ Annexation and Zoning Size of property, existing zoning, and location: This site consists of 5.864 acres of land, zoned RUT (Ada County), located at 357 E. Amity Road. Adjacent Land Use & Zoning: 1. North: E. Amity Road and property zoned RUT in Ada County 2. East: Vacant property, zoned RUT in Ada County 3, South: Vacant land, zoned R-4 4. West: A proposed storage facility, zoned I -L History: Gravel mining operations were approved through the County Comprehensive Plan FLUM Designation: Mixed Use—Non Residential (MU -NR) Summary of Request: The applicant requests annexation and zoning of 5.864 acres of land with an I -L zoning district, consistent with the MU -NR land use designation. A concept plan was submitted that depicts the two (2) industrial buildings (one approximately 16,500 square feet and the other 15,000 square feet) and associated site/landscape improvements. The three (3) buildings will remain and operate as a contractor's yard, so the applicant will need to meet the specific use standards for the contractor's yard listed in UDC 11-4-3-8. Cross access is required to the property to the east in accord with UDC 11-3A-3. Cross access is only required to the property to the west if that property develops with something other than a storage facility. The applicant is requesting to delay the connection to City utilities until they are available for connection. Based on discussions with the Public Works Department, the public utilities will be extending to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. Utility connections to the site are contingent on these extension plans. The DA will restrict the site from being developed until the services are available, unless the Council allows the applicant to move forward with a contractor's yard prior to completion of the utility extension. Staff recommends a minimum 20 -foot wide driveway with a minimum 5 -foot wide pathway/sidewalk is provided from the proposed site to the property to the east. This will enhance interconnectivity between the site and the future development of the adjacent property. A 25 foot landscape buffer is required along E. Amity Road. The City's Pathways Master Plan indicates a multi -use pathway crossing the subject property within the pipeline easement. Because the easement bisects at an angle and the applicant is proposing to operate a contractor's yard from the site, both Planning and Parks staff believe the 10 -foot multi -use pathway is better suited along south side of E. Amity Road, in lieu of a 5 -foot wide detached sidewalk. Therefore, staff recommends that a 10 -foot multi -use pathway be constructed across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The pathway should be detached from the future curb and have landscaping between the curb and pathway. The applicant should also coordinate and receive approval from ACHD on the construction of the pathway adjacent to Amity Road. Elevations were not provided with the subject application. Any new buildings are subject to the City's Architectural Standards Manual. The site is developed with three existing buildings and staff is requiring the existing buildings brought into compliance with our current design standards or removed from the property. Written Testimony Since Commission Hearing: None Commission Recommendation: Approval with Conditions a. Summary of Commission Public Hearing: L In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant's Representative (response to the staff report) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: L None c. Key Issues of Discussion by Commission: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing for redevelopment of the property. iii. Condition 1.1.1C regarding cross -access to the parcel to the east and whether that is appropriate. iv. Removal of the existing telecommunications tower on site. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read "Reciprocal cross access to the east will be granted when the property is annexed to the City of Meridian and is developed as a compatible use." ii. Modify condition 1.1.1 D and 1.1.1 E to require these improvements within six(6) months of connection to city utilities. M. Modify 1.1.1 K to require the existing buildings to be brought up to city code and design review within six (6) months of sewer and water connections, and that the communications tower be removed upon annexation. 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-2016-0036, as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0036, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0036 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance) Item #8D Pope's Garden (H-2016-0006) Application(s): ➢ Annexation & Zoning ➢ Comprehensive Plan Map Amendment ➢ Conditional Use Permit ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.28 acres of land, zoned RUT in Ada County, located at 2662 E. Magic View Drive. History: This property was previously platted as Lot 5 in the Amended Magic View Subdivision. Comprehensive Plan FLUM Designation: Office Summary of Request: The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 5.28 acres of land from Office to MHDR. Annexation & zoning of the property is also requested with an R-15 zoning district consistent with the proposed FLUM designation of MHDR. A CUP is requested for a multi -family development in the proposed R-15 zoning district. The revised site plan depicts (19) 4-plex structures with a total of 76 dwelling units. The proposed R-15 zoning district will accommodate the proposed multi -family development with a gross density of 14.39 dwelling units per acre. The proposed R-15 zoning provides a transition in zoning & uses from the west from Waverly Place subdivision with attached SFR homes & R-8 zoning (and further to the west from Woodbridge subdivision with SFR detached homes and R-4 zoning) and from the north from Greenhill Estates subdivision with single-family detached homes & R1 zoning in Ada County (designated as Low Density Residential on the FLUM) to future office and commercial uses to the east & south of Magic View Drive. A revised preliminary plat consists of 19 building lots, 4 common area lots & 1 other lot. There is an existing home & accessory structures on this site that are required to be removed prior to City Engineer signature on the final plat. The proposed plat depicts access for the development via two points on E. Magic View Drive at the southern boundary of the site. Magic View is designated as a local street west of S. Wells Street and as a collector street east of Wells where the access is proposed. Council approval of the east access via E. Magic View Drive is required as the UDC limits access to collector streets when access via a local street is available. A minimum of 10% (or 0.53 of an acre) of qualified open space is required in accord with UDC standards; a total of 21.5% (or 1.13 acres) is proposed. A minimum of 5 qualified site amenities are required with this development. The applicant proposes a tot lot with children's play equipment, a hardscaped plaza area with seating, (3) 50'x 100' open grassy areas, and a fitness facility as amenities in accord with UDC standards. The unopened ROW at the northwest boundary of this site where Hickory Way was previously required to be extended south from Autumn Way is now required to be improved by the developer with a minimum 20' wide pedestrian, bicycle and emergency access. One concept building elevation was submitted for the proposed 4-plex structures on the site in 4 different color schemes. Building materials consist of horizontal & vertical lap siding with stone veneer accents and architectural shingles. These elevations are conceptual only and not approved with this application; compliance with the design standards contained in the Architectural Standards Manual is required, which require more variety between structures. Commission Recommendation: Denial Summary of Commission Public Hearing: i. In favor: Kevin Amar, Kent Brown ii. In opposition: John Overton; Jim Voorhees; Mary Rockrohr; Kelly Barber; Ian Sodine; John Stefan; Dale Sharp; Ron Peterson; Katie Smith; Lorrie Somazzi; Kathryn Jones; Ronald Vance; Celeste Fox; David Ballard; Andrea Stoffle; Kelly Ketlinski; Kevin Ehle; Brent Belliston; Roger Tebow; Gloria Nanney; Larry Andrews; Gene Fox iii. Commenting: None iv. Written testimony: Petition from neighbors (see public record); Walter Poly Key Issues of Public Testimony: i. Objection to the change to the FLUM from Office to Medium High Density Residential; ii. Not enough transition from the R1 neighborhood to the north to the proposed multi -family development; iii. Increased traffic generated by multi -family development and impact to adjacent residential areas; iv. Concern regarding management of the apartments if the structures are on separate lots under different ownership. Key Issue(s) of Discussion by Commission: i. The appropriateness of a multi -family development in this area vs. office as currently designated; ii. Traffic impacts on adjacent developments and streets generated by development of this property. iii. Maintenance of the back side of the berm along the north boundary of the site. Commission Change(s) to Staff Recommendation: i. The Commission voted to deny the subject applications based on maintaining the integrity of the current plan and addressing traffic issues in this area before any zoning changes happen. Outstanding Issue(s) for City Council: i. The Commission requested the Mayor and City Council send a letter to ACHD requesting a traffic study be done in this area to address access and traffic issues. This issue was discussed with the transportation commission and they also agree that an analysis for long term access and connectivity needs to be done of this area. Written Testimony since Commission Hearing: Jane & Samuel Snider (requests denial based on impact of the proposed development on the existing traffic problems in this area; requests ACHD provides a traffic solution before more development occurs); petition from Woodbridge HOA w/227 signatures (requests denial based on the impact of traffic on nearby subdivisions, school class size and student/teach ratio, utilization of existing nearby subdivision amenities without support by this development, and preference of office uses per the current plan); and petition from homeowners in Greenhill Estates w/42 signatures (doesn't provide enough transition from the R1 neighborhood from the north to the proposed R-15 development; increased traffic; effect on established neighborhoods and infrastructure; preference of office uses per the current plan). Notes: Possible Motions: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0006, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0006, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Continuance I move to continue File Number H-2016-0006 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8E: Bancroft Square (H-2016-0055) Application(s): ➢ Rezone ➢ Preliminary Plat ➢ Conditional Use Permit Modification Size of property, existing zoning, and location: This site consists of 5.41 acres of land, zoned R-4, located at the southeast corner of S. Eagle Road and E. Easy Jet Drive at 2750 S. Eagle Road. History: This property was annexed and included in the planned development and preliminary plat for Sutherland Farm Subdivision. The PD conceptually approved office/multi-family uses on this site as a land use exception in the R-4 zoning district; detailed CUP approval was required. Comprehensive Plan FLUM Designation: MU -C Summary of Request: The applicant proposes to rezone 6.54 acres of land from the R-4 to the R-8 zoning district for the development of 33 SFR homes with a density of 6.10 units/acre. A modification to the previously approved CUP/PD is requested to change the use approved for this property from office/MFR to SFR at a density desired in MU -C designated areas. A preliminary plat is proposed consisting of 33 building lots & 5 common area lots.. Access is proposed at the north boundary via Easy Jet Drive with a stub street to the south for future interconnectivity. Access is also proposed to the east via S. Nephrite Way; no access is proposed via Eagle Road and is prohibited. A landscaped street buffer is required along Eagle Road in accord with UDC standards. Landscaped parkways are proposed along E. Girdner Drive/Court. A minimum of 10% qualified open space is typically required to be provided along with (1) site amenity for developments 5 acres or more in size which in this case amounts to 0.54 of an acre. Because this property was originally included in the preliminary plat for the Sutherland Farm development and is included in the PD, the applicant requests this property is allowed to develop as originally intended as the last phase of the subdivision and that qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 11.3% (or 13.24 acres) of qualified open space has already been provided with the Sutherland Farm development along with site amenities consisting of a % mile long regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant states they have discussed incorporating the subject property into the HOA with the Sutherland Farm HOA and have reached an agreement but it has not yet been finalized. In the event the agreement is not finalized, Staff recommends the plat is revised to provide the full 10% qualified open space — currently, 7.9% (or 0.43 of an acre) is proposed. Conceptual building elevations for homes within this development have been submitted with a variety of building materials. One & two story structures are proposed ranging in size from 1,200-2,200 s.f., similar to the size of homes in Sutherland Downs subdivision to the north. Because homes on lots that back up to or face S. Eagle Road and E. Easy Jet Drive are going to be highly visible, staff recommends the rear and/or sides of homes on lots that face or back up to these roadways incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Schultz, Robert Nielson ii. In opposition: None iii. Commenting: Bonnie Broussard; Fred Kuperus iv. Written testimony: Matt Schultz, Applicant's Representative; Mike and Annette Wheeler, Arnie and Kay Veers, Bill and Sally Riggs, James and Marsha Harris, Joann St. Charles and Robert Nelson, Kent and Mary Ellen Wheeler, Robert and Laurel Nielson, Tom Reynolds, Ken Aileen Scalian (all in favor of the development provided that the minimum open space & site amenity requirements are provided with this development, or in the alternative, that the development is included in the HOA for either Sutherland Farms or Sutherland Downs in order to help bear the cost of maintenance of those private common areas and also be subject to certain architectural design guidelines as determined appropriate for this development). v. Key Issue(s): In favor of proposed development. Key Issue(s) of Discussion by Commission: i. In favor of proposed development. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None 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-2016-0055, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0055, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0055 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8F: Binary Subdivision (H-2016.0078) Application(s): ➢ Short Plat Size of property, existing zoning, and location: This site consists of 0.689 acres, zoned C -G, and is located at 1351 E. Fairview Avenue. History: In 2007, the property received Preliminary/Final Plat approval (PFP-07-003) for the four (4) lot Intermountain Outdoor Subdivision, In 2011, portion of the property was developed with a Dutch Bros. Coffee Kiosk (CZC-11-002). Summary of Request: The proposed short plat depicts two (2) commercial lots on 0.689 acres of land in a C -G zoning district. The proposed plat is a re -subdivision of Lot 2, Block 1 of Intermountain Outdoor Subdivision. The existing Dutch Bros. Coffee is located on Lot 2 , Block 1 of the Intermountain Outdoor Subdivision. The existing landscaping along the north (25 feet) and west (10 feet) boundaries of the site were installed with the construction of the Intermountain Outdoor Subdivision, and meet current landscape standards. These areas must remain protected during the construction on this site. Access to the site is provided to E. Fairview Avenue and N. Stonehenge Way through a reciprocal cross access agreement (Instrument #108086119). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. Written Testimony: Pat Tealey, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0078, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0078, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0078 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 12, 2016 City Council Workshop Meeting 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: July 26, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Commercial Real Estate Purchase Commercial Real Estate Purchase and Sale Agreement for Well Lot #9 Expansion for the Not -to -Exceed Amount of $35,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Closing to Scott Darling at TitleOne Corporation who will act as the Closing Agent ("Closing Agent") for this transaction. The Purchase Price shall be payable as follows: 1.3.1 An earnest money deposit of One Thousand and No/100 Dollars ($1,000.00) shall be paid by Buyer within ten (10) business days of the execution of this Agreement (the "Deposit"). The Deposit shall be payable, in trust for the benefit of this transaction, to TitleOne Corporation, 1101 W. River Street, Suite 201, Boise, ID 83702, (the "Title Company"), attention Scott Darling. The Closing Agent shall hold the Deposit in an escrow account (the "Escrow"), with any interest accruing to Buyer. The amount of the Deposit and any accrued interest shall be applied to the Purchase Price at the Closing of the purchase. 1.3.2 The remaining balance of the Purchase Price of Thirty Four Thousand and No/100 Dollars ($34,000.00) shall be paid in cash or its equivalent, at the close of Escrow (the "Closing"). 1.4 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed in the form attached hereto and by this reference incorporated herein as Exhibit 1.5. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before CIosing. 1.5 Title Insurance. 1.5.1 Title Commitment. on the acceptance of this Agreement by the Seller, the Parties shall order a commitment for an ALTA standard property owner's title insurance policy ("Title Commitment") to be issued by Title Company, covering the Real Property. 1.5.2 Unapproved Exceptions. If any exceptions shown on the Title Commitment are not approved in writing by the Buyer before Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, and each Party shall be fully released and discharged from any further obligations under this Agreement. 1.5.3 Policy. At Closing, the Buyer may purchase an ALTA standard or extended property owner's title insurance policy ("Policy") at Buyer's sole expense in the insured amount of the Purchase Price of the Real Property. 1.6 Possession. The Seller shall deliver actual possession of the Real Property to the Buyer at Closing. 1.7 Prorated Taxes. Taxes assessed by Ada County on the Real Property shall be prorated and paid by Seller based on the last tax assessment available before Closing. 2. RE WARRANTIES, AND COVENANTS OF THE SELLER. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 2 documents or instruments governing the Seller. The execution, delivery, and consummation of this Agreement by the Seller will not, with the passage of time, the giving of notice, or otherwise, cause the Seller to be in violation or breach of any law, regulation, contract, agreement, or other restriction to or by which the Seller or the Real Property is subject or bound. 2.2 Consents. Except as disclosed in writing to the Buyer before the Closing, Seller is not required to obtain the approval or consent of any person, firm, or other entity to permit the Seller to consummate the transactions contemplated by this Agreement. 2.3 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Real Property free and clear of all covenants, conditions, easements, liens, and encumbrances. 2.4 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Real Property. 2.5 Information to be Provided. Within ten (10) business days after the date this Agreement is accepted by the Seller, the Seller shall deliver to the Buyer the following: 2.5.1 Contracts. All contracts of any kind or nature that will survive the Closing and that relate to the Real Property. 2.5.2 Leases. A copy of all leases relating to the Real Property, together with any amendments to them. 2.5.3 Permits. A copy of any licenses, certificates, permits, approvals, conditions or similar items, in the Seller's possession relating to any portion of the Real Property. 2.6 Conduct Pending Closing. From the Effective Date to Closing, the Seller shall (i) maintain the Real Property in good repair and condition, (ii) continue to operate the Real Property in the manner previously operated by the Seller, (iii) not enter into any new leases or licenses relating to the Real Property, other than in the ordinary course of operating the Real Property, and (iv) perform all acts necessary to insure that the representations, warranties, and covenants of the Seller shall be true, complete, and accurate in all respects on and as of the date of closing to the same force and effect as if made at Closing. Buyer acknowledges that the Seller's Ada County Parcel No. 51212438770 which includes the Real Property is currently being marketed for sale. From the Effective Date of this Agreement, any contract for sale of any portion of the real property described by Seller's Ada County tax parcel No. S 121243 8770 shall be made subject to this Agreement. 2.7 Access to Real Property. After the Effective Date of this Agreement, the Buyer and the Buyer's authorized representatives shall have reasonable access to the Real Property. 2.8 Indebtedness. The Seller shall pay all indebtedness, obligations and liabilities incurred in connection with the Real Property and the operation of the Real Property for the period ending midnight of the date of Closing. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 3 3. CONDITIONS PRECEDENT TO CLOSING. 3.1 Conditions Precedent to Obligations of the Buyer. The obligations of the Buyer under this Agreement are subject to the satisfaction of the following conditions: 3. 1.1 Property Boundary Adjustment. a. Before Closing, Buyer shall have obtained, at the Buyer's sole cost, tentative approval of the City of Meridian of a property boundary adjustment ("PBA") of the Real Property pursuant to Section 11 -6B -S of the Meridian City Code. Seller shall cooperate with the PBA application, including but not limited to the execution of affidavit(s) of legal interest which are substantially in the form attached hereto and by this reference incorporated herein as Exhibit 3.1.1(a). b. Before Closing, after Buyer receives tentative approval of the PBA application, Buyer shall obtain at Buyer's sole expense, a legal description of the Real Property by a registered surveyor licensed by the State of Idaho which shall be attached hereto and by this reference incorporated herein as Exhibit 3.1.1(b). c. As a condition of approval of the PBA, Buyer shall obtain at Buyer's sole cost, a new legal description of the Retained Property by a registered surveyor licensed by the State of Idaho. d. As a condition of approval of the PBA, the Buyer shall obtain, at the Buyer's sole cost, a new certified Record of Survey by a registered surveyor licensed by the State of Idaho depicting the changes to the properties affected by the PBA. e. Any other conditions of approval of the PBA, which shall be fulfilled at Buyer's sole cost and expense. 3.1.2 Relocation of Utility Easement(s) and Associated Infrastructure. Before Closing, Buyer shall have successfully negotiated new Intermountain Gas and Century Link Easements, and Buyer shall have caused the associated underground utility infrastructure to be relocated on the Retained Property to a location as generally depicted in Exhibit 1.1. All costs related to this condition shall be borne by Buyer. 3.2 Other Conditions Precedent to Closing. 3.2.1 Re resentations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 3.2.2 Covenants Performed. The Seller and Buyer shall have performed all obligations, covenants and agreements to be performed before Closing as set forth in this Agreement. 3.2.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.6.3. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 4 3.2.4 Execution and Delivery of Documents. The Seller (and others where required) shall have executed and delivered to the Closing Agent the following: (a) The Warranty Deed; (b) The Access Easement Agreement; and, (c) Any other documents necessary to effect the transfer of title contemplated by this Agreement. 4. CLOSING. 4.1 Closing Fees. Buyer shall be responsible for paying all of the Closing Agent's Closing fees at Closing. 4.2 bate of Closing. The Parties shall submit all required documents to Closing Agent in advance of the planned Closing date of October 1, 2016, or at such other time, date, and place as may be mutually agreed between Seller and Buyer. Unless otherwise mutually agreed, if this transaction has not closed by October 31, 2016, this Agreement shall be deemed to be canceled. If the failure to close is due singularly to either Buyer's or Seller's inaction, the remedies set forth in Section 6 shall apply as if the non -acting Party had committed a default. If the failure to close is due to mutual decision or joint inaction by Buyer and Seller, the Deposit shall be returned to Buyer, any Title Commitment termination fee and Escrow fees charged by the Title Company shall be split equally between the Parties, and any other costs that have been incurred shall be the obligation of the Party that incurred the same. 4.3 Closing Agent Instructions. Buyer and Seller shall execute and deliver to the Closing Agent instructions on the form generally provided by the Closing Agent with such modifications as are reasonably agreed to by Buyer and Seller. 5. DOST -CLOSING OBLIGATIONS. 5.1 As soon as practicable after Closing, as a condition of approval of the PBA, Buyer shall obtain new tax parcel numbers from the Ada County Assessor. 6. REMEDIES. 6.1 Default by Buyer. If Buyer shall default in the performance of any of the terms and conditions of this Agreement prior to Closing; if the Closing shall not occur through the fault of Buyer, or if Buyer's FY 2017 budget fiords for expenses related to this Agreement are not appropriated by the Meridian City Council and therefore Buyer does not close the purchase of the Real Property, Seller shall, as its sole remedy, retain the Deposit as liquidated damages, and this Agreement shall be canceled. 6.2 Default by Seller. If Seller shall default in the performance of any of the terms and conditions of this Agreement prior to Closing, or if Seller is otherwise unable to deliver merchantable title to the Real Property, Buyer may, at its option, (i) rescind this Agreement and COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 5 recover from Seller the Deposit, or (ii) pursue any other legal or equitable remedy, including without limitation a suit for specific performance. 1. NOTICES. All notices, demands, and requests which may or are required to be given by either party to the other shall be in writing and shall be personally served on the designated party; delivered by courier; sent by United States certified or registered mail, postage prepaid, return receipt requested; sent by facsimile transmission; or sent by email transmission addressed to the parties as follows, unless a party hereto otherwise designates a different notice address or recipient in writing: Seller: Christopher W. "Kit" Clark 4414 S. Gekeler Lane Boise, ID 83716 Telephone: 208-342-8901 Facsimile: 208-338-2215 Email: kitclark(crQ,�yankemachine.com Buyer: Ted Baird 33 East Broadway Avenue, Suite 306 Meridian, ID 83642 Telephone: 208-898-5506 Facsimile: N/A Email: tbaird@meridiancity.org Any notice given in the form set forth herein shall be deemed given and received as follows: if personally delivered or sent by courier, when delivered; if sent by mail on the third business day following the mailing thereof; if sent by facsimile transmission, it shall be deemed delivered on the date the recipient provides written acknowledgement (via facsimile or other method) of receipt of the same; and if sent by e-mail transmission, it shall be deemed delivered on the date the recipient provides written acknowledgement (via email or other method) of receipt of the same. 8. GENERAL PROVISIONS. 8.1 Broker Fees. Except as disclosed in writing to the Parties before Closing, the Buyer is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. Any fees paid by Seller to Seller's broker shall be paid by separate arrangement between Seller and Seller's broker. 8.2 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 8.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 6 8.4 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 8.5 Nonwaiver of Remedies. The failure or neglect of a Party to enforce any remedy available by reason of the failure of the other Party to observe or perform a term or condition set forth in this Agreement shall not be a waiver of such term or condition. A waiver by a Party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 8.6 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. 8.7 Entire Agreement. All Exhibits to this Agreement are a part of this Agreement. This Agreement, together with the accompanying Exhibits, is the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 8.8 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 8.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. 8.10 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Parties set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed and the Access Easement Agreement. 8.11 Execution of Agreement. Seller acknowledges that this Agreement will be executed by Seller before Buyer executes the Agreement and that the execution of the Agreement by the Buyer is contingent upon ratification of the terms and conditions of this Agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this Agreement on behalf of the Buyer. 9. SIGNATURES. Dated: , 2016 BUYER, CITY OF/MERIDIAN COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 7 ATTEST: aw City of ;City ClerkE II� DiNI` JAN.Z= sm. SEAL Dated: Dated: Jc� �a / , 2016 SELLER, Susan L. Norby SELLER, Jill M. Stevens COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT — 8 STATE OF IDAHO ) ss County of Ada ) iJ On this<� day of J—VL� , 2016 before me, personally appeared and know or identified to me to be the it Clerk, respectively, o` the ity of Meri iar , who executed the instrument of behalf o saI? i y, 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. ,,.rr•.. CK •. (SEAL)•• �--'� •N 0• y ;rt rWA ix• ,••:PAHO ~�' .••• ••r•rrr• mv-"t L. 4 -hue Notary Public for Idaho Commission expires: K U' q-` COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 9 STATE OF IDAHO } } ss, County of Ada ) On this /y day of ,� , 2016, before me, personally appeared Susan L. Norby, known or identified to me (or proved to me on the oath of }, to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the daX, 7e%. in this certificate first above written. .••�� tiR cL`'•• Y R Y Notary Pu is for Idaho %V0: Ptl�ti f � �: Commission expires: 7— / - ZOZt) ,'rr* *%~rr►rNrr.0r V '••.STA TE OO ..•'�. STATE OF IDAHO ss. County of Ada } Je.- On this / y'day of , 2016, before me, personally appeared Jill M. Stevens, known or identified to me (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Its '•. � �Q► .Z L,� `+.,r Notary Pu c for Idaho% I o f % *P� pR Y O ' t0 # : Commission expires: 7- v s �• tiG = -01 COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 10 EXHIBIT 1.1 —711I I I I I Aprox 5700 sq ft of Real Property to be conveyed I I I Additional Meridian Access Easement I I Relocated Gas Easement g� I� 14 1 r FOLM A11 W ecu~ — N 89-391 N 1Y BELOW GROUND 114.00' II II W I I MERUAN DOMESAC I I f WELL NO. 9 `t I ►7 N 89'33'19" W 153.24° I I I I Z I Z � I [(too lao 1 1a' 30' M pasnkG 30' MERIDIAN r VO&LNOEASEMEN 9 ACCESS PARCEL A I o 43995 SF I 1.010 Acres ! N COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 11 M11 V. to '_� ROS 2833 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Exhibit 1.2A — Form of Access Easement. [SAMPLE FORINT] (Space Above For Recorder's Use) ACCESS EASEMENT AGREEMENT This Access Easement Agreement is made effective this [insert date], by and between insert name of antor] ("Grantor"), and [insert name of rantee] ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property near the corner of [insert cross streets] in [insert CL , State], as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property on the corner of [insert cross, streets] in [insert City, State] as depicted in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on Exhibit C ("Easement"). The ingress and egress shall be approximately [insert feet/inches] wide. rprovide description] COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -12 Z. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the City of Meridian Well No. 9 for the City of Meridian and its respective representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement and the vacation of any previously existing easements shall be recorded in the official records of [ insert City, State], and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. S. Indemnification. To the extent allowed by law, the Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 5. Remedies. In the event of a breach hereunder by any party, the non -breaching party 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 Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Termination of Previous Easements. The Grantee hereby terminates any and all existing access easements on the Grantor's Property in favor of Grantee or its affiliates or benefiting the Grantee's Property. This Easement is intended to replace any such previously granted access easements and shall not be effective until such easements are vacated in the public records of j insert City, State. S. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 9. 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 (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -13 Grantor: Upon at least ten (10) days' prior written notice, each parry shall have the right to change its address to any other address within the United States of America. 10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder shall be deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: 11. Such Easement is accepted by the public entity for maintenance as a public street or drive; and 12. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. [NOTARIZED SIGNATURES OF GRANTOR AND GRANTEE] COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -14 Exhibit 1.2B Buyer's Property (Legal Description of the Buyer's Property to be inserted pursuant to Article 1.2) of this Agreement) COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -15 Exhibit 3.1.1(b) - Legal Description of Real Property An approximately 5,700 square foot portion of the real property legally described in the land records of Ada County Idaho as Parcel No. S 1212438770 @ W SIDE SW4SE4 SECTION 12 3N 1 W, PARCEL B, RIS 7414 #43 8401-B (Legal Description of the Real Property to be obtained pursuant to Article 3.1.1(b) of this Agreement). COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 18 CHRISTOPHER W. CLARK, ESQ. P.O. Box 5405 (83705) 4414 S. Gekeler Lane Boise, ID 83716 208/342-8901 2081338-2215 (fax) kitelarkAyankemachine.corn July 15, 2016 Ted Baird, Esq. Deputy City Attorney 33 East Broadway Ave. Suite 306 Meridian, ID 83642. Re: TitleOne File No.: 16272053; Norby/Stevens to City of Meridian A portion of Ada County Parcel No. 51212438770 Dear Ted: Enclosed herewith are two original signature copies of the proposed Commercial Real Estate Purchase and Sale Agreement ("Agreement") for the above referenced property. Both copies have been executed by the Sellers. Please have both copies of the Agreement signed by the City of Meridian, retain one copy and return one original to me for our files. Please note that within ten business days of the City's execution of the Agreement, the earnest money deposit of $1,000 should be paid in trust to TitleOne Corporation. If you have any questions or concerns please contact me. Best regards, CHRISTOPHER W. "KIT" CLARK General Counsel CWC/lo Enc. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Data Exchange License Agreement Data Exchange License Agreement with Intermountain Gas Company MEETING NOTES Community Item/Presentations Peb.4b ntact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Data Exchange License Agreement THIS LICENSE AGREEMENT (hereinafter referred to as the "AGREEMENT") made and dated this N'r,4 day of YUL_ 2016, by and between INTERMOUNTAIN GAS COMPANY. hereinafter referred to as "IGC"), an Idaho corporation, with offices at 555 S Cole Rd and the City of Meridian, an Idaho municipal corporation whose address is 33 E. Broadway Avenue, Meridian, Idaho (hereinafter referred to as "Recipient"). Each or both may also hereinafter be referred to as the "Party" or "Parties" respectively. WHEREAS, IGC possesses certain technical, digital, documentary, land base, facility, photographic, or other information or data which IGC considers proprietary to it and relates to its Geographic Information System (GIS) data base (hereinafter referred to as "PROPRIETARY INFORMATION"), and WHEREAS, Recipient desires to use portions of IGC's PROPRIETARY INFORMATION for the purposes of developing maps and mapping applications, and Recipient desires to obtain the right to use IGC's PROPRIETARY INFORMATION and updates thereto in exchange for providing IGC upon request with; A. Access to Recipient's corresponding GIS database, as updated. The access shall consist of supplying requested land base data, aerial photos, and/or facility data. B. Authorization to use Recipient's GIS information to update and augment IGC's PROPRIETARY INFORMATION. C. Maps and other types of data developed with the aid of IGC's PROPRIETARY INFORMATION. WHEREAS, it is recognized that in anticipation of any current or future need to share information or coordinate projects between the Parties, it may be both necessary and desirable that IGC provide to Recipient the above-described PROPRIETARY INFORMATION. NOW, THEREFORE, in consideration of these promises, and of the mutual promises and covenants contained herein, the Parties hereto agree as follows: IGC shall provide to Recipient certain PROPRIETARY INFORMATION designated in Exhibit A attached hereto for the LIMITED USE ONLY as set forth in Section 3 of this Agreement, including requested land base, aerial photos, and/or facility data. The PROPRIETARY INFORMATION to be disclosed by IGC may be contained in documents, electronic media (ArcGIS Geodatabase, ArcGIS Shapefile, DXF, DWG, JPEG, and/or .TIF format only), and other materials. 2. The Parties hereto agree that IGC retains all right, title, and interest in and to the disclosed PROPRIETARY INFORMATION and that Recipient is not hereby granted any right, license or interest in the PROPRIETARY INFORMATION, Page 1 of 6 except as specifically provided in this Agreement. Recipient shall not distribute, sell, license, or reproduce the PROPRIETARY INFORMATION, except as specifically set forth herein. IGC shall be under no obligation as a result of this Agreement to disclose any PROPRIETARY INFORMATION other than the PROPRIETARY INFORMATION listed in Exhibit A, attached hereto. 3. IGC may grant Recipient the right to make limited public disclosure of the PROPRIETARY INFORMATION obtained from IGC upon receipt of advance written authorization from IGC and in accordance with this section. This disclosure may include producing and distributing paper or Mylar documents using the data (e.g. construction drawings, plan sets, maps), publishing articles relying on or citing the data, or such other types of disclosure as IGC may authorize in advance in writing. Any disclosure or release of data obtained from IGC shall attribute the data to IGC; such attribution shall take the form of text incorporated into example maps and drawings and summary data tables as well as all project reports, papers, and articles presented or published for public disclosure. Such authorized disclosure of information shall in no way operate to modify Recipient's obligation to protect the propriety nature of other PROPRIETARY INFORMATION in accordance with the terms of this AGREEMENT. Limited disclosure of PROPRIETARY INFORMATION as permitted pursuant to this AGREEMENT shall not change the proprietary character of the PROPRIETARY INFORMATION, but IGC shall have no proprietary interest in the example maps, drawings, summary data tables, or other forms in which the PROPRIETARY INFORMATION is disclosed and the information as contained in example maps, drawings, summary data tables, and other authorized forms shall not be deemed Proprietary Information. 4. IGC is not providing, nor is Recipient obtaining, the right to make copies of the PROPRIETARY INFORMATION furnished pursuant to this AGREEMENT, except that Recipient may make backup copies for its own use. Recipient shall also not obtain as a result of this Agreement the right to make IGC's PROPRIETARY INFORMATION available to or distribute to third parties in either computer or non -computer readable form, except as set forth in Paragraph 3, or the right to use IGC's PROPRIETARY INFORMATION for purposes of design, analysis, or any information gathering for third parties. IGC reserves the exclusive right to reproduce and make available to others, on such terms and conditions as IGC may determine, IGC's PROPRIETARY INFORMATION in either computer or non -computer readable form. 5. The points of contact for the parties with respect to the provision of PROPRIETARY INFORMATION are as follows: Page 2 of 6 Intermountain Gas Co. A Division of MDU Resources Group, Inc. Dennis W. Hammer Manager, Enterprise GIS System 555 S Cole Rd Boise, ID 83709 208-377-6031 City of Meridian Matthew Tenold, GIS Analyst 33 E. Broadway Avenue Meridian, ID 83642 208-489-0506 6. Recipient shall restrict disclosure of IGC's PROPRIETARY INFORMATION to only those employees who have a job-related need for the PROPRIETARY INFORMATION and who have been advised of and agreed to the restrictions on disclosure and use contained in this Agreement. Upon discovery by Recipient of any unauthorized use or disclosure, Recipient shall immediately notify IGC and shall endeavor to prevent further unauthorized use or disclosure. 7. In the event of any breach of this AGREEMENT by Recipient, Recipient agrees that injunctive relief will be essential for IGC's protection. Accordingly, IGC and Recipient agree and consent that in the event of any breach or threatened breach of this AGREEMENT, IGC may obtain such injunctive relief, in addition to any other legal remedy and/or damages, as it believes necessary in order to prevent any threatened or continued violation of the terms of this AGREEMENT. Recipient further acknowledges that any disclosure of PROPRIETARY INFORMATION in breach of this AGREEMENT may result in substantial damages to IGC, and that IGC has the right to initiate legal action to recover its damages in the event of such a breach. In the event that IGC, based on this AGREEMENT, seeks injunctive relief, Recipient agrees to waive any requirement that IGC post a bond or other security for the requested injunctive relief. 8. Any PROPRIETARY INFORMATION delivered by IGC to Recipient pursuant to this AGREEMENT shall be for use solely as specified in this Agreement. No other use of PROPRIETARY INFORMATION may be made without the prior written consent of IGC. 9. Recipient's obligations with respect to disclosing and using PROPRIETARY INFORMATION, as set forth in this AGREEMENT, are not applicable to any such information or data if same is: a. In the public domain at the time of receipt or comes into the public domain thereafter through no act of Recipient in breach of the AGREEMENT, or b. Is in Recipient's possession prior to disclosure by IGC, or Page 3 of 6 c. Disclosed with the prior written approval of IGC, or d. Independently developed, without aid from IGC's PROPRIETARY INFORMATION, by Recipient, or e. Lawfully disclosed to Recipient by a third party under conditions permitting such disclosure. 10.The term of this AGREEMENT shall be for as long as the information is in possession of Recipient, or until terminated by either Party. Either Party shall have the right to terminate the AGREEMENT upon 30 days written notice to the other. 11. Upon expiration or termination of this AGREEMENT, in accordance with its terms, Recipient will, within a reasonable period of time thereafter, return all PROPRIETARY INFORMATION received from IGC under this AGREEMENT along with all copies thereof, or certify in writing that all such PROPRIETARY INFORMATION has been destroyed. Upon receipt of replacement or updated PROPRIETARY INFORMATION from IGC, Recipient will, within a reasonable period of time thereafter, return the prior versions of such PROPRIETARY INFORMATION received from IGC under this agreement along with copies thereof, or certify in writing that all such PROPRIETARY INFORMATION has been destroyed. 12. PROPRIETARY INFORMATION transmitted to Recipient pursuant to this AGREEMENT shall not constitute any representation, warranty, assurance, guarantee or inducement by IGC to Recipient that any patent or other proprietary intellectual property rights owned or controlled by any third party have not been infringed, and nothing in this AGREEMENT shall be construed as a warranty or representation of any kind with respect to the content or accuracy of data, documents and information transmitted by IGC under this AGREEMENT. 13. Recipient agrees to indemnify and hold harmless IGC against any and all claims, causes of action or damages, liabilities, including attorneys' fees and expenses, brought as a result of or arising from Recipient's use of the PROPRIETARY INFORMATION. 14. The Parties hereto agree that any suits or claims arising from this AGREEMENT shall be brought in the County of Ada, State of Idaho. 15. This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Idaho. 16. This AGREEMENT contains the entire understanding between the Parties relative to the protection of the PROPRIETARY INFORMATION and supersedes all prior and collateral communications, reports, and understandings between the Parties with respect thereto. No change to, modification of, alteration of, or Page 4 of 6 EXHIBIT "A" INTERMOUNTAIN GAS COMPANY This document is an attachment to the Data Exchange License Agreement between INTERMOUNTAIN GAS CO (IGC) and City of Meridian (Recipient). Description of PROPRIETARY INFORMATION Natural Gas main distribution network owned and maintained by Intermountain Gas Company. Page 6 of 6 Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Resolution No. <(D " : A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to sell a 2005 Ford Explorer to the Kuna Rural Fire District. MEETING NOTES A -PPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I L - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL A 2005 FORD EXPLORER TO THE KUNA RURAL FIRE DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain 2005 Ford Explorer as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be sold to other government agencies when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the 2005 Ford Explorer would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to sell a 2005 Ford Explorer listed in Exhibit "A" to Kuna Rural Fire District, a government agency, the mission of which is to provide fire protection, 911 ALS ambulance service, rescue services and wildland fire protection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain 2005 Ford Explorer attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the 2005 Ford Explorer listed in Exhibit "A" for $3,000, to the Kuna Rural Fire District. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of July, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of July, 2016. City Council President, Keith Bird QO�P ei) AUGUST' Chv of �E IDIAN*-- ANO SEAL ATTEST: Holman, City Clerk RESOLUTION AUTHORIZING SALE OF 2005 FORD �R TO KUNA RURAL FIRE DISTRICT %=" V Al ASSET TAG # CITY OF MERIDIAN DEPARTMENT N/A I ASSET INFORMATION FORM I Fire QUANTITY DESCRIPTION SPECIFIC LOCATION 1 2005 Ford Explorer— MF015 Fire Administration MODEL MANUFACTURER SERIAL # VENDOR Explorer Ford Vin #: 1FMZU72K65ZA69664 Dan Wiebold -Nampa ORIGINAL COST ACQUISITION DATE I LIFESPAN 20,646 7/18/2005 110 years ❑ Add New Asset Upon receipt of a new asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. ® Dispose Asset (please give a brief description of how you disposed of the asset) Sell to Kuna Fire. ❑ Transfer Asset ❑ Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with disposal. do &au zntivf aU,1>,Lw-X , P DISPOSAL VALUE $ 3,000.00 (use your best estimate) PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Exceeded vehicle life. Replaced by new vehicle. Condition of asset to be disposed: Fair. Current mileage = 82,165 artrrfiYDirector proval to Dispose or Retire an Asset Fina Mayor Apgr al toAispose or Retire an Resolution No.: I Approved by Council Date: Final Disposition of Property Vendor/Agency & Date: Note: All Donations must be approved by Council through Resolution. 7-i-3-/6 Date IINLOY Date Date Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0072 ITEM TITLE: Hill's Century Farm No. 4 Final Order for Hill's Century Farm No. 4 (H-2016-0072) 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 (H-2016-0072) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 19, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY SEVEN (37) BUILDING LOTS AND SEVEN (7) COMMON LOTS ON 15.56 ACRES OF LAND IN AN R-8 ZONING DISTRICT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0072 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING HILL’S CENTURY FARM SUBDIVISION PHASE 4, LOCATED IN A PORTION OF THE SOUTH ½ OF THE NW ¼ AND THE NORTH ½ OF THE SW ¼, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 (H-2016-0072) Page 2 of 3 COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 06/07/2016, AARON L. BALLARD, PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Van Elg, Brighton Corporation, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the r, 2016. Attest: Jaycee rich' City Clerk MIJ ���cuyor C�Vt ERID L By: i T miny e We6rd r Mayor, City of Meridian 0 W day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:IdeziteDated: -7-6� l'/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO.4 (H-2016-0072) Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 37 building lots and 7 common lots on 15.56 acres of land in an R-8 zoning district. This is the fourth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 4 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0072, as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0072, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0072 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located east of S. Eagle Road, midway between E. Amity and E. Lake Hazel Roads, in the west ½ of Section 33, T. 3N., R. 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 2 D. Representative: Van Elg, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 37 single-family residential building lots and 7 common lots on 15.56 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 2.38 dwelling units (d.u.) per acre with a net density of 4.33 d.u. per acre. The minimum property size is 8,616 square feet (s.f.) with an average size of 10,053 s.f. A 90’ x 60’ youth soccer field (multi-use facility – stormwater and active recreation) is proposed within the center of the large common area on Lot 1, Block 13. The landscaping within this area is required to comply with the standards for stormwater integration listed in UDC 11-3B-11C. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same. Therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Prior to City Engineer signature on the final plat, the applicant shall remove all existing structures on the site. 2. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 3. The rear or side of structures on Lot 17, Block 5; Lots 3-15, Block 10; and Lots 2-3, Block 15, that face E. Taconic Drive, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Meridian Design Manual per requirement of the development agreement. 4. A floodplain permit application is required to be submitted, reviewed and approved prior to any development within the overlay district (Lots 17-25, Block 5) until August 28th due to FEMA LOMR condition of approval. 5. The Ten Mile Creek, a natural waterway, is required to be left open as a natural amenity and not be piped or otherwise covered. 6. The final plat prepared by KM Engineering, stamped on June 7, 2016 by Aaron L. Ballard shall be revised as follows: a. Label Lot #15 in Block 10 b. Note #14: Include recorded instrument number. c. Note #15: Include recorded instrument number. EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 3 7. The landscape plan prepared by KM Engineering, dated June 5, 2015, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Stormwater swales in required landscape areas are required to be vegetated with grass or other appropriate materials; gravel, rock, sand or cobble are not permitted on the surface unless designed as a dry creek bed or other design feature, per UDC 11-3B-11C. 8. The water main in S. Woodville Drive shall be 12-inch diameter. VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012; PP-14-04). 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. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 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. 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. 3. 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 or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 4 IX. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 5 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c) -1). 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, EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 6 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 6/7/16) D. Proposed Landscape Plan (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 4 EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 9 Exhibit C – Proposed Final Plat (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 11 EXHIBIT B Sonya Watters From: Van Elg <velg@brightoncorp.com> Sent: Wednesday, July 13, 2016 12:23 PM To: Sonya Watters; Barbara Shiffer, Charlene Way; Jacy Jones; Machelle Hill Subject: RE: Hill's Century Farm Sub. 4 FP H-2016-0072 Staff Report for July 19th Council Mtg Sonya, We have reviewed the staff report and agree with the recommended Conditions of Approval for the Final Plat of: "Century Farm Subdivision No. 4". As noted below, we agree that this item may be placed on the consent agenda of July 191h, 2016. Thank you for your kind assistance. Van Elg, Planning Manager Brighton Corporation I www.BrightonCorp.com 12601 W. Explorer, Suite 200 1 Boise, ID 83713 Office 208.378.4000 1 Cell 208.576.1795 ® 7i7 From: Sonya Watters [mailto:swatters@meridiancitv.org] Sent: Tuesday, July 12, 2016 3:16 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; Charlene Way <cwav@meridiancity.org>; Jacy Jones <Iiones@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Van Elg <velg@brightoncorp.com>; Jon Wardle <iwardle@brightoncorp.com>; Mike Wardle <mwardle@ brightoncorp.com> Subject: Hill's Century Farm Sub. 4 FP H-2016-0072 Staff Report for July 19th Council Mtg Attached is the staff report for the proposed final plat for Hill's Century Farm Sub. 4. This item is scheduled to be on the Council agenda on July 19th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Applicant - Please submit a written response to the staff report to the City Clerk's office (mhi[L@meridiancity.orQ, ijones@meridiancity.org), cway@meridiancity.orQ, bshiffer@meridiancity.orQ and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0061 ITEM TITLE: Harmony Hills Assisted Living Findings of Fact, Conclusions of Law for Harmony Hills Assisted Living (H- 2016-0061) 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 FINDINGS OF FACT, CONCLUSIONS OF LAW E flu"I IAN AND DECISION & ORDER In the Matter of the Request for an Amendment to the Development Agreement for Harmony Hills Assisted Living for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement, by Derk Pardoe. Case No(s). H-2016-0061 For the City Council Hearing Date of: July 19, 2016 (Findings on July 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the conunent(s) received fiom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of July 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-317). 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 six (6) month 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 July 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 2 - By action of the City Council at its regular meeting held on the day of �' , 2016. r 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) VOTED VOTED VOTED VOTED VOTED VOTED -- i VOTED i Tammy de Weerd Attest: AP -PI, AUGvsT, �i0 C _ w 1 i n .q City of City Clerk DA SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: i � L 4�Lk Dated: ity Clerk's Office --/-,-X7, 1 �2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 3 - EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 1 STAFF REPORT HEARING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Harmony Hills Assisted Living – MDA H-2016-0061 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Derk Pardoe, requests a modification to the existing development agreement (MDA) for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on September 18, 2012. At the public hearing, the Council approved the subject CPAM, AZ, and PP requests. a. Summary of City Council Public Hearing: i. In favor: Brent Barfus ii. In opposition: None iii. Commenting: None 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. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0061 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0061 as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Overland Road, west of S. Stoddard Road in the southwest ¼ of Section 13, Township 3 North, Range 1 West. (Parcel #’s R4885160020, EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 2 R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Owner/Applicant: Derk Pardoe 3454 Stone Mountain Lane Sandy, UT 84072 C. Representative: Brian Carlisle, The Richardson Design Partnership, LLC 510 South 600 East Salt Lake City, UT 84102 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6, and June 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: July 5, 2016 VI. LAND USE A. Existing Land Use(s): A portion of the site is currently being developed with 190 unit apartment complex. A portion of the site remains vacant along the Interstate and the W. Overland Road. B. Adjacent Land Use and Zoning: 1. North: I-84 2. East: Western Electronics Building and University of Phoenix, zoned I-L and C-G 3. South: Overland Road and Sagewood Subdivision (currently under construction), zoned L-O and R- 8 4. West: Vacant industrial property, zoned I-L (Future site of recently approved Bish’s RV Sales) C. History of Previous Actions:  In 2001, the property received a conditional use permit/planned unit development approval (CUP- 01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval.  In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots.  In 2008, the property received comprehensive map amendment and rezone (CPA-08-005 and RZ- 08-003) approval to change the land use from industrial to commercial and rezone the property from the I-L zone to the C-G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 3  In 2014, the property received approval to modify the development agreement #108119853 (MDA- 14-003) to develop the property as a mixed use development consisting of office, multi-family and retail uses. The subject DA recorded as Instrument #114034780. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved in 2014 (Instrument #114034780). The approved concept plan depicts a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180-unit multi-family development and a single office pad site adjacent to Interstate I-84. A conditional use permit for the multi-family portion of the site has been granted and is currently developing with a 190 unit apartment complex. The applicant now desires to amend the approved concept plan in order to develop a nursing care facility. The new concept plan depicts a 48,000 square foot nursing care facility, two (2) 7,000 square foot retail buildings, 190 unit apartment complex and future office pad site. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. It is important to note the property to the west has been approved to develop with a vehicle sales facility (Bish’s RV). The recorded plat approved an access to W. Overland Road and annotates cross access to said property. The submitted concept plan was revised to allow the interconnectivity. Staff has concerns with recreational vehicles using the shared access. With the approval of the Bish’s RV Sales Facility, the applicant was approved an access to Overland Road, farther to the west. Staff encourages the applicant to coordinate with the adjacent property owner to clearly delineate that the shared driveway is to be used as a vehicle sales entrance only and the western most driveway is to be used as a service entrance to minimize conflicts between the two uses. In conjunction with the concept plan, the applicant has also submitted architectural elevations for the assisted living facility. The submitted elevations incorporate the following building materials: stone wainscot, a mix of wood siding, variations in the wall planes and rooflines and decorative corbels. In general staff is supportive of the submitted elevations however; final design is subject to the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. With a recent update to the Unified Development Code (UDC), nursing care facilities are now allowed through the approval of a conditional use permit; it was a prohibited use with the previous development agreement modification. NOTE: A separate CUP application has been processed and is scheduled to be heard by the Planning and Zoning Commission at their August 4th hearing. DA Modification: In general, staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications (NOTE: The recorded development agreement for this property recorded with the incorrect DA provisions. To correct the discrepancy, Staff has included the new DA provisions, modified provisions and the original DA provisions that were required to be included in the amended DA: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 4 2. Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). 4. Any future multi-family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 7. Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Approved Elevations 5. Proposed Elevations 6. Proposed Change to the Development Agreement EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 5 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 6 Exhibit A.2: Approved Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 7 Exhibit A.3: Proposed Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 8 Exhibit A.4: Approved Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 9 Exhibit A.5: Proposed Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 10 Exhibit A.6: Proposed Changes to the Development Agreement (The changes below represent the modified changes to the amended development agreement. DA provisions 5.1.2, 5.1.3 and the addition of 5.1.6 represent the changes City Council approved with the MDA Findings for file # MDA-14-003. These DA provisions were never incorporated into the recorded DA. Staff is correcting the error with the subject application.) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 5.1.2 Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.6 A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 5.1.7 Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0001 ITEM TITLE: Brundage Estates Findings of Fact, Conclusions of Law for Brundage Estates (H-2016-0001) 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in the R-4 Zoning District for Brundage Estates Subdivision, by L.C. Development, Inc. Case No(s). H-2016-0001 For the City Council Hearing Date of: June 7, 21, 28 and July 19, 2016 (Findings on July 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). 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 Cleric 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 July 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 2 - By action of the City Council at its regular meeting held on the 2 (� day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED l COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED t COUNCIL MEMBER GENESIS MILAM VOTED ZT MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: QO5L AUGvsr, 0 �m V o 2 "' city of Jaycee Ho n _ tomo City Clerk SEAL Copy served upon Applicant, Community Development Department, Public Worlcs Department and City Attorney. By: �N6& A Q _ 7M) Dated: J7, , City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 3 - EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 1 STAFF REPORT Hearing Date: July 19, 2016 (Continued from: June 7, 21, and 28, 2016) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brundage Estates – PP (H-2016-0001) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, L.C Development, Inc., has submitted an application for a preliminary plat (PP) consisting of 366 building lots, 20 common lots and 1 other lot on 136.63 acres of land in the R-4 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on March 17 and May 5, 2016. At the public hearing on May 5th, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Staff’s requirement for pathways to be provided within blocks that exceed the maximum length standard to comply with UDC 11-6C-3F. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #6.3 to remove the requirement for a public park to be provided with the development; City Council shall determine whether the park is to be City owned or private. ii. The Commission supported staff’s recommendation on the requirement of pathways to be provided within blocks that exceed the maximum block length standard. e. Outstanding Issue(s) for City Council: i. The applicant requests a “step” down in density for the portion of the site designated on the FLUM as medium density residential to allow a density of 2.68 dwelling units/acre consistent with the low density residential designation. ii. The applicant requests Council waive the requirement for pathways to be provided to break up the length of Blocks 1, 11, 16 and 17 (see condition #1.1.2c). EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 2 The Meridian City Council heard these items on June 7, 21 and 28, and July 19, 2016. At the public hearing on July 19th, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Chris Dixon iv. Written testimony: Russ & Cara Fulcher; Chris Dixon; Becky McKay, Applicant’s Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Caleb Hood; Mike Barton; Bruce Chatterton b. Key issue(s) of Public Testimony: i. The Fulcher’s are opposed to the development as proposed due to what they feel is too high of density. They’re also concerned about the location of the Harris/Linder intersection/entrance due to the topography of the land not providing enough visibility to northbound traffic as the proposed location sits atop a natural rise – they would like to intersection to be shifted to the north and signalized with slow down warnings posted on Linder Road. They would also like to have an increased building setback for homes that back up to Linder Road and/or limit the building height to single-story in that area. ii. Ms. Dixon requested a public stub street be provided to her property at the southern boundary of the site (as shown on the revised plat presented at the hearing). c. Key Issues of Discussion by Council: i. Proposed block faces that exceed the maximum length allowed by UDC 11-6C-3F; ii. Topography of the land and visibility pertaining to the Harris/Linder Road intersection/access based on Mr. Fulcher’s letter of testimony. iii. Whether the park proposed within the development will be public or private. d. Key Council Changes to Staff/Commission Recommendation i. Council voted to approve the plat layout proposed by the applicant with ten (10) blocks that exceed the maximum block face requirement listed in UDC 11-6C-3F as shown in Exhibit A.2. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0001, as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0001, as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located east of S. Linder Road midway between W. Victory and W. Amity Roads, in Section 25, Township 3 North, Range 1 West. (Parcel No.: S1225233910; S1225325650; S1225314813) EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 3 B. Owner: Allen Lee and Dianne Centers P.O. Box 518 Meridian, ID 83680 C. Applicant: L.C. Development, Inc. P.O. Box 518 Meridian, ID 83680 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a 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: February 29 and March 14, 2016 (Commission); May 16 and 30, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: February 24, 2016 (Commission); May 12, 2016 (City Council) D. Applicant posted notice on site(s) on: March 5, 2016 (Commission); June 6, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a single-family home on this property surrounded by agricultural land and an uninhabited farm house and accessory building, zoned R- 4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential (Edgehill & Kentucky Ridge Estates), zoned R-4 2. East: Single-family residential (Biltmore Estates & Graycliffe Estates), zoned R-4 & R-8 3. South: Rural residential/agricultural, zoned R-4 and RUT in Ada County 4. West: S. Linder Road, rural residential/agricultural, zoned RUT in Ada County C. History of Previous Actions: In 2014, this property was annexed and zoned (AZ-13-014) R-4 with the Victory South annexation (Ordinance #14-1594). A development agreement is required to be executed for this property as a provision of annexation prior to development of this site. D. Utilities: 1. Location of sewer: Sanitary sewer service to the subject property does not currently exist. A 15-inch diameter mainline will need to be extended from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to a point approximately 250-feet south of Victory Road the line will need to EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 4 be 12-inch in diameter, and then it drops to 10-inch diameter. A 10 inch sanitary sewer main will need to be extended into the development from Linder Road. The developers of Southridge Estates and Fall Creek subdivisions are required to extend the trunk along their Linder Road frontage to the Ridenbaugh Canal. From there, the developer of Edgehill subdivision will extend the necessary public utilities in S. Linder Road to the northern boundary of this site. 2. Location of water: Domestic Water service to the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. The Public Works Department will be completing a FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for two connections to Zone #5, the first will be from a connection to the mainline extension from Harris Road, and the other by either; a connection at Amity Road or Linder Road, or completion of Well 32 and connection to well. 3. Issues or concerns: The development of this subdivision is dependent on the extension of existing sanitary sewer mains, and water services being available from the city’s Pressure Zone 5. E. Physical Features: 1. Canals/Ditches Irrigation: The Calkins Lateral runs along the southwest boundary and the Sundall Lateral runs along a portion of the northeast boundary of the site; another smaller ditch runs through the site. 2. Hazards: The Williams Pipeline crosses this site and may present a hazard; the applicant should consult the Developer’s Handbook when developing this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The Comprehensive Plan Future Land Use Map (FLUM) designates the northern 64+/- acres of this property as LDR (low density residential) and the southern 73+/- acres as MDR (medium density residential). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. 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 proposed overall density of this development is 2.68 dwelling units (d.u.) per acre; with a net density of 3.5 d.u./acre which is consistent with the LDR designation but a little low for the MDR designated area. Council approval of a “step” down in density from MDR to LDR is required for approval of the proposed density on the southern portion of the site. Transportation: The Master Street Map depicts a north/south and east/west collector street on this property. In accord with the MSM, the proposed plat depicts the extension of W. Harris Street to the west to Linder Road and the extension of S. Oakbriar Way to the south, which will eventually connect to W. Amity Road. Another collector street (W. Smokey Lake Drive) is also proposed from S. Linder Road. Staff finds the following goals and objectives of the Comprehensive Plan to be applicable to development of this site: EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 5  “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 low density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, all collector streets, per UDC Table 11- 2A-5 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11- 3A-7.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed low-density residential development should be compatible with existing and approved rural, low and medium density residential and agricultural uses.  “Require common area in all subdivisions.” (3.07.02F) The minimum of 10% (or 13.66 acres) qualified open space is required to be provided within the development per UDC 11-3G-3A. The proposed plat depicts a total of 20.48 acres (or 14.99%) of qualified open space to be provided on the site in accord with UDC 11-3G-3B.  “Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle.” (6.01.02C) The City’s Master Pathways Plan depicts a multi-use pathway through this site within the William’s Pipeline easement and also at the southwest corner of the site along the north side of the Calkins Lateral. The proposed plat depicts a pathway along the pipeline easement but not along the lateral; staff recommends a pathway also be provided along the lateral in accord with the Pathways Plan. These pathways will contribute to providing pathway connections to surrounding jurisdictions.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts stub streets to the north to Edgehill Subdivision, to the east to Biltmore Estates and Graycliff Estates subdivisions, and to the south to rural residential/agricultural property to the south for future extension and interconnectivity.  “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) A segment of the City’s multi-use pathway system is proposed through this site within the Williams Pipeline easement; there are no micropath connections stubbed to this site and none are proposed to adjacent properties, only sidewalks along the stub streets. To promote neighborhood connectivity, staff recommends a pedestrian pathway is added to the south.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are not currently available, however they will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 6 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family dwellings are listed as a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: This property was part of the Victory South annexation that was processed as a “Category B” annexation. One of the provisions of the Declaration of Consent to Annexation is that the property may not develop (or receive development approval) until such time as the property owners and the City execute a Development Agreement (DA). Therefore, in compliance with this provision, staff recommends a DA with the provisions contained in Exhibit B of this report. The DA is required to be approved by City Council and recorded prior to submittal of a final plat application. The applicant has applied for a preliminary plat consisting of 366 building lots, 20 common area lots and 1 other lot for a City park on 136.63 acres of land in the R-4 zoning district. The minimum lot size is 8,000 s.f. with the average lot size being 10,127 s.f. As discussed above in Section VII, the proposed density of 2.68 d.u./acre is consistent with the LDR FLUM designation and the goals and objectives of the Comprehensive Plan; however, the density is slightly under that desired in MDR designated areas. The preliminary plat is proposed to develop in 11 phases as shown on the plat in Exhibit A.1. The tot lot on Lot 17, Block 5 is proposed to be constructed in Phase 1; the linear open space and multi-use pathway within the pipeline easement is proposed to be constructed with Phases 7 and 10; and the City Park is proposed to be constructed in Phase 10. Because the Park’s Department does not have improvement of the park in their Capital Improvement Plan, the City prefers it to be constructed in final phases of development. Existing Structure(s): There is an existing home and accessory structures on the site that are proposed to be removed. All structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Williams Gas Pipeline: A 3,100+/- foot long section of the Williams Pipeline bisects this site. The Williams Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The proposed plat depicts a 75-foot wide right-of-way/easement for use by the pipeline company. All development shall comply with the Williams Gas Pipeline Developers’ Handbook. An EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 7 encroachment permit is required for any development/improvements within the pipeline easement. Dimensional Standards: All of the lots in the proposed subdivision are required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. Staff has reviewed the proposed lots and found them in compliance with these standards except for Lot 20, Block 12 which doesn’t meet the minimum street frontage of 60-feet; the plat should be revised accordingly. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley; when a pedestrian connection is provided, the maximum block length may extend up to 1,000 feet. The Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions such as an abutting arterial street or highway, a limited access street, steep slopes in excess of 10%, a large waterway and/or a large irrigation facility, etc. as set forth in UDC 11-6C-3F. The face of Block 1 that lies adjacent to S. Linder Road exceeds the maximum block length at approximately 850 feet; a pedestrian pathway should be provided midway between Linder Road & W. Smokey Lake Drive in order for the block length to exceed 750 feet. The face of Block 16 and the face of Block 17 that fronts on W. Briarcliff Drive also exceed the maximum block length at approximately 950 feet; a pathway should also be included within these blocks. The face of Block 11 exceeds the maximum block length; however, because it abuts a large waterway (Calkins Lateral) and an arterial street (Linder), it’s allowed to extend up to 1,200 feet if approved by Council; if approved by Council, staff also recommends a pathway connection is provided through Block 11 to the multi-use pathway required along the lateral. Access: Access to this development is proposed on the plat from two public street accesses (W. Smokey Lake & Harris) via S. Linder Road. When Harris Street is constructed to the east, access will also be available via S. Meridian Road. The extension of stub streets approved to the north and east are also proposed for interconnectivity between developments. Note: The alignment of proposed streets to existing approved stub streets appears to be off (i.e. Barton Flat, Radford and Harris). Vehicular crossings over the William’s Pipeline are limited. A Traffic Impact Study (TIS) was prepared by Six Mile Engineers and has been submitted to ACHD for their review and comment. The 366 dwelling units proposed with this development will generate approximately 3,484 vehicle trips per day with anticipated build-out in 2024. Comments have not yet been received from ACHD on this application. 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. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Storm drainage seepage beds are depicted within common areas on the preliminary plat. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25-foot wide street buffer is required along S. Linder Road, an arterial street; and a 20-foot wide street buffer is required along W. Harris Street, EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 8 S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, as set forth in UDC Table 11-2A- 5. A 30-foot wide buffer is proposed along Linder and a 20-foot wide buffer is proposed along the collector streets in accord with the aforementioned requirements. Landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C as proposed. There are 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. Mitigation calculations for existing healthy trees proposed to be removed should be included on the landscape plan submitted with the final plat application(s). Berms are proposed within the street buffers along S. Linder Road, W. Harris Street, and S. Oakbriar Way. Landscaping is required along all pathways on the site in accord with the standards listed in UDC 11-3B-12C. If landscaping is not allowed within the pipeline easement, the applicant may request alternative compliance as set forth in UDC 11-5B-5. City Park: The applicant proposes to dedicate 8.24 acres of land for a City neighborhood park which will be combined with another 1.77 acres in Graycliff Estates and 1 acre in Biltmore Estates subdivisions to the east for a total of 11+/- acres. A conceptual park master plan was submitted to the Park’s Department for review and comment. The plan included in Exhibit A.4 incorporates Park’s comments. The plan depicts half basketball courts with benches, a shelter, play area (tot lot) and open play areas as amenities along with a parking area and restrooms. Open Space & Site Amenities: Based on the area of the preliminary plat (136.63 acres), a minimum of 10% of the site (or 13.66 acres) is required to consist of qualified open space as defined in UDC 11-3G-3B. The applicant proposes a total of 14.99% (or 20.48 acres) of qualified open space consisting of an 8.24 acre City neighborhood park, 2 pocket parks consisting of 0.8 and 1.3 acres, a linear open space area where the William’s pipeline is located and a multi-use pathway is proposed, ½ the street buffer along S. Linder Road, the street buffers along the collector streets (Harris, Oakbriar and W. Smokey Lake), and the parkways along streets within the development. In accord with UDC 11-3G-3A.2, a minimum of 6 qualified site amenities are required to be provided with this development as set forth in UDC 11-3G-3C as proposed. The applicant proposes to provide a tot lot with a play structure and a park bench, a multi-use pathway through the William’s pipeline easement, micro-paths providing connection to the multi-use pathway and the pocket parks; and a 20’ gazebo in the smaller pocket park. Staff also recommends a multi- use pathway is provided along the north side of the Calkins Lateral in accord with the Pathways Master Plan. The amenities proposed and recommended by staff comply with the minimum requirements. A detail of the play structure and gazebo should be submitted with the final plat application for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets. The street sections shown on the preliminary plat depict 5-foot wide detached sidewalks throughout the development. Parkways: Six-foot wide parkways are proposed along local streets within the development; and 8-foot wide parkways are proposed along collector streets where detached sidewalks are proposed. The UDC (11-3A-17) requires root barriers to be constructed with 6-foot wide EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 9 parkways. An alternative would be to provide 8-foot wide parkways, which allows the planting of Class II trees without root barriers. The landscape plan submitted with the final plat should either depict root barriers or 8-foot wide parkways in accord with the standards listed in UDC 11-3A-17E. Pathways: A 10-foot wide regional multi-use pathway is required within the William’s pipeline easement and along the north side of the Calkins Lateral per the Pathways Master Plan. A pathway is proposed as required within the pipeline easement but not along the Calkins Lateral; the plans should be revised to also include the pathway along the lateral. Internal micropath connections are proposed to the linear open space area where the pipeline is located; however, no pathway connections are proposed to future developments (there are no existing pathway stubs to this site from adjacent existing/approved developments). To enhance pedestrian connectivity between developments, staff recommends a micropath is provided to the south boundary of the site through Block 18 from the sidewalk along W. Wilton Woods Drive in the vicinity of Lot 20. Staff also recommends pathways are provided as required above under the block length section. Four-foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H, unless waived by the Director. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Waterways: The UDC (11-3A-6A) requires all irrigation ditches, laterals, canals and drains intersecting, crossing or lying within the area being developed to be piped or otherwise covered. The Calkins Lateral runs along the southwest corner of this site and the Sundall Lateral runs along the northeast corner of the site; another smaller irrigation ditch also crosses the site. The applicant requests approval of a waiver from Council to allow the Calkins lateral and the portion of the Sundall Lateral that lies north of W. Buroak Drive to remain open and not be piped as set forth in UDC 11-3A-3A.6A due to the large capacity of the facilities; the applicant states it would take a 36 inch or larger reinforced concrete pipe to pipe the facilities. The applicant would like to utilize portions of the facilities as a water amenity. As such, the UDC (11-1A-1) requires the banks of waterways improved as part of the development in all places to be no steeper than one foot (1’) vertical per every four feet (4’) horizontal and have a depth and velocity in all places adjacent to and located on said development to have a maximum depth (feet) multiplied by the peak velocity (feet per second) not to exceed four (4). Documentation of compliance with these items is required. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.5. Building materials appear to consist of stucco; and lap, board & batten and shake siding with stone accents. The design standards are proposed to be similar to those of the adjacent Biltmore Estates subdivision. Because the rear and/or sides of homes on lots adjacent to S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, will be highly visible, staff recommends the rear and/or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing installed on the site should comply with the standards listed in UDC 11-3A- 6B and 11-3A7. EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 10 Six-foot tall solid fencing is proposed along the back edge of the street buffer/berm along S. Linder Road and the collector streets. Four-foot tall solid fencing is proposed along internal common area lots and pathways. Fencing along the north side of the Calkins Lateral is required to comply with the standards listed in UDC 11-3A-6B and shall be 6-foot tall open vision material with the ability to deter access to the ditch. In summary, Staff recommends approval of the proposed preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Maps/Plans 1. Vicinity Map 2. Preliminary Plat & Phasing Plan (dated: 1/6/16) ~ REVISED 3. Landscape Plan (dated: 1/14/15 7/13/16) ~ REVISED 4. Conceptual Park Master Plan 5. Conceptual Building Elevations 6. Composite Drawing of Overall Centers’ Property B. Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A - 2 - Exhibit A.1: Vicinity Map EXHIBIT A - 3 - Exhibit A.2 – Preliminary Plat & Phasing Plan (dated: 1/6/16) ~ REVISED EXHIBIT A - 4 - Exhibit A.3: Landscape Plan (dated: 1/14/15 7/13/16) ~ REVISED EXHIBIT A - 5 - EXHIBIT A - 6 - EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - EXHIBIT A - 11 - Exhibit A.4: Conceptual Park Master Plan EXHIBIT A - 12 - Exhibit A.5: Conceptual Building Elevations EXHIBIT A - 13 - Exhibit A.6: Composite Drawing of Overall Centers’ Property EXHIBIT A - 14 - Exhibit B: Conditions of Approval 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) was required as a provision of the Declaration of Consent to Annexation of this property. Prior to development of this property, a DA shall be entered into between the City of Meridian, the property owner(s), and the developer. The Applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City for Council approval and subsequent recordation prior to submittal of the first final plat application. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Linder Road, an arterial street, and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, is prohibited in accord with UDC 11-3A-3. b. All development within the 75-foot wide Williams pipeline easement that bisects this site shall comply with the Williams Gas Pipeline Developers’ Handbook. An encroachment permit is required for any development improvements within the pipeline easement. c. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibit A. d. The rear and/or sides of homes on lots that face or back up to S. Linder Road, an arterial street; and S. Oakbriar Way, W. Harris Street, and W. Smokey Lake Drive, collector streets, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. All existing structures on the site are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.2 The preliminary plat included in Exhibit A.2 dated 1/5/16 shall be revised as follows: a. Increase the street frontage of Lot 20, Block 12 to a minimum of 60 feet in accord with UDC Table 11-2A-5. b. Modify Note #8 in the “Notes” section to include Lot 1, Block 10 as a common/open space lot. c. Provide pedestrian pathways midway within Block 1 between Harris Street & W. Smokey Lake Drive from the sidewalk along Bozeman Trail to the sidewalk along Linder; within Blocks 16 and 17 that front on W. Briarcliff Drive; and within Block 11 to the pathway required along the Calkins Lateral to comply with the block length standards listed in UDC 11-6C-3F. d. Revise Block 11 to comply with the block length standards listed in UDC 11-6C-3F, unless Council approves the proposed block length due to it being constrained by a large waterway (Calkins Lateral) and an arterial street (Linder Road). e. Provide a micropath connection to the south boundary of the site through Block 18 from the sidewalk along W. Wilton Woods Drive in the vicinity of Lot 20. f. Depict root barriers where 6-foot wide parkways are proposed, as set forth in UDC 11-3A- 17E.2; or, provide 8-foot wide parkways. g. Ensure that the alignment of proposed streets to existing approved stub streets is correct (i.e. Barton Flat, Radford and Harris). EXHIBIT A - 15 - 1.1.3 The landscape plan included in Exhibit A.3 dated 1/14/15 shall be revised as follows: a. Incorporate the changes required to the plat listed above in condition #1.1.2. b. Include mitigation calculations for existing healthy trees on the site that are proposed to be removed from the site. Contact Elroy Huff, City Arborist (888-3579) prior to removal of any trees from the site to determine mitigation requirements. c. Landscaping is required adjacent to all pathways in accord with the standards listed in UDC 11-3B-12C. If landscaping is not allowed within the pipeline easement, the applicant may request alternative compliance as set forth in UDC 11-5B-5. d. Depict 4-foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H, unless waived by the Director. e. Fencing along the north side of the Calkins Lateral is required to comply with the standards listed in UDC 11-3A-6B and shall be 6-foot tall open vision material with the ability to deter access to the ditch. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.5 The developer shall provide a minimum 14.9981% (or 20.4823 acres) of qualified open space in accord with the standards listed in UDC 11-3G-3B as proposed. 1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide a tot lot with play equipment and a bench, two segments of the City’s multi-use pathway system (along the north side of the Calkins Lateral and within the William’s pipeline easement), micro- paths connections to the multi-use pathways, and a 20’ gazebo (or equivalent amenities as determined by the Planning Director) as proposed in Exhibit A.3. 1.1.7 A detail of the tot lot play structure proposed in the tot lot on Lot 17, Block 5 shall be submitted with the final plat application for the phase in which it is located. 1.1.8 A detail of the 20’ gazebo proposed in the pocket park on Lot 1, Block 15 shall be submitted with the final plat application for the phase in which it is located. 1.1.9 If waterways left open on the site are improved as water amenities, the applicant shall submit documentation verifying compliance with the requirements listed in UDC 11-1A-1, Water Amenity with submittal of the final plat application that contains the amenity. 1.1.10 All ditches, laterals and canals are required to be piped in accord with UDC 11-3A-6A unless waived by City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Linder Road, W. Harris Street and S. Oakbriar Way is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. EXHIBIT A - 16 - 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along S. Linder Road, W. Harris Street and S. Oakbriar Way. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. EXHIBIT A - 17 - 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Domestic Water service to the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. The Public Works Department will be completing a FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for two connections to Zone #5, the first will be from a connection to the mainline extension from Harris Road, and the other by either; a connection at Amity Road or Linder Road, or completion of Well 32 and connection to well. 2.1.2 Sanitary sewer service to the subject property does not currently exist. A 15-inch diameter mainline will need to be extended from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to a point approximately 250-feet south of Victory Road the line will need to be 12-inch in diameter, and then it drops to 10-inch diameter. 2.1.3 A street light plan will need to be included in the final plat application. The plan will need to include type 1 lighting along Linder Road in addition to type 2 lighting on the subdivisions internal streets. 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 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 EXHIBIT A - 18 - 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 9-1-28C1). 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 fina l 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 credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 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 11-1-4B. EXHIBIT A - 19 - 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 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 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. EXHIBIT A - 20 - 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’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” 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. 4.2 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. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 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. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.7 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) 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.9 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 In accordance with the City of Meridian Pathways Master Plan, a 10' wide multi-use pathway shall be constructed within the gas line easement. Developer shall submit a public pedestrian pathway easement, a minimum of 14' wide covering the required multi-use pathway prior to final plat. EXHIBIT A - 21 - 6.2 In accordance with the City of Meridian Pathways Plan a 10’ multi-use pathway is required along the north side of the Calkins lateral. The developer shall provide a pathway easement to the City prior to final plat of the phase adjacent to the lateral and construct the 10’ multi-use pathway. 6.3 City Council shall decide whether the park is City-owned. If not, park shall be owned and maintained as a park amenity for residents of the development. The preliminary plat depicts 8.24 acres of open space in the center of the development. The City Council and developer may enter into a Parks Agreement in the future. In the event it is determined the open space will remain private, the developer shall provide the UDC required amenities and 10 percent open space consistent with the location delineated on the preliminary plat.” 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Prior to ACHD's signature on the final plat which contains the 291st lot make the Harris Street connection/extension, signalize the Harris Street/SH-69 intersection, and submit an updatedtraffic impact study. The updated traffic impact study shall include a signal warrant analysis for the Harris Street/SH-69 intersection, as well as an analysis of the Victory Road/Linder Road intersection and the Victory Road segment between Linder Road and SH-69. Additional improvements such as capacity improvements at the Linder Road/Victory Road intersection and spot widening along Victory Road may be required based on the findings of the update traffic impact study. 7.1.2 Obtain plan approval and a permit from ITD for installation of the signal at the Harris Street/SH- 69 intersection. 7.1.3 Obtain plan approval and enter into a signal agreement with ACHD. the signal agreement will allocate the proportional share of the signal installation among area property owners and shall include a reimbursement mechanism to allow the applicant to be reimbursed for a portion of the signal costs. 7.1.4 The Harris Street connection can be made at anytime (prior to final platting 291 lots), but Harris Street/SH-69 intersection will need to be signalized when the connection occurs. 7.1.5 Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the site. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.6 Widen the pavement on Linder Road to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.7 Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Linder Road abutting the site. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.8 Construct center turn lanes on Linder Road at Smokey Lake Drive and Harris Street. Coordinate EXHIBIT A - 22 - the design and location of the center turn lane with Development Review staff. 7.1.9 Extend Harris Street from its current terminus at the site’s east property line into the site, intersecting Linder Road at the half mile as a 36-foot residential collector roadway with vertical curb, gutter, and an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk. The right-of-way width may be reduce to 2-feet behind the back of curb. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.10 Construct Oakbriar Way south from Harris Street at the half mile, as a 36-foot residential collector roadway with vertical curb, gutter, and an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk. The right-of-way width may be reduce to 2-feet behind the back of curb. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.11 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, a 8-foot wide planter strip, and a 5-foot wide detached concrete sidewalks. Extend the dedicated right-of- way 2-feet behind the back of the sidewalk or 2-feet behind the back of curb and provide a permanent right-of-way for the detached sidewalk located outside of the dedicated right-of-way. 7.1.12 Construct 2 knuckles, as proposed. 7.1.13 Construct one cul-de-sac turnaround with a minimum turning radius of 45-feet at the terminus of Smokey Lake Ct. 7.1.14 Construct Harris Street to intersect Linder Road at the half mile, as proposed. 7.1.15 Construct Smokey Lake Drive to intersect Linder Road, located 1,220-feet north of Harris Street, as proposed. 7.1.16 Construct Oakbriar Way to intersect Harris Street at the half mile, as proposed. 7.1.17 Construct the following local streets to intersect Harris Street, as proposed: • La Rumba Avenue, located 440-feet east of Linder Road. • Leewood Way, located 270-feet east of La Rumba Avenue. • Woody Hills Drive, located 300-feet east of Leewood Way. • Contada Ranch Drive, located 510-feet east of Leewood Way. • Barton Flat Way, located 550-feet east of Contada Ranch Drive. • Radford Way, located 300-feet east of Contada Ranch Drive. 7.1.18 Construct Wilton Woods Drive to intersect Oakbriar Way, located 850-feet south of Harris Street, as proposed. 7.1.19 Construct one stub street to the south located 1,080-feet east of Linder Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.20 Construct Oakbriar Way a stub street to the south located at the half mile. Install a sign at the terminus of the stub street stating that, ,“THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 7.1.21 Submit the bridge plans for the crossing of the Sundall Lateral (Buroak Drive) for review and approval prior to the pre-construction meeting and final plat approval. 7.1.22 Payment of impacts fees are due prior to issuance of a building permit. EXHIBIT A - 23 - 7.1.23 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 24 - Exhibit C: Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are not available at this time. When available, services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided from public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: July 26, 2016 ITEM TITLE: Fall Creek ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0009 Amended Development Agreement for Fall Creek (MDA -H-2016-0009) 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 6.1.1 Future development of Fall Creek Meadows Subdivision shall be consistent with the preliminary plat, landscape plan (including the common open space; amenities and pedestrian connections, including the school on the east boundary) and building elevations attached in Exhibit of the Findings of Fact and Conclusions of Law, attached hereto as Exhibit `B ". 6.1.2 All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4 of the Findings of Fact and Conclusions of Law, attached hereto as Exhibit "B ". The rear or sides of structures on lots that back up to S. Linder Road (Lots 7-11, Block 1) as well as to W. Kodiak Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, Block 5) will be highly visible; these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 6.1.3 The Owner/Developer shall construct the remainingportion of W. Kodiak Drive prior to submitting a final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school. 3. 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. 4. 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 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. 5. 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. 6. 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 ADDENDUM TO DEVELOPMENT AGREEMENT -Fall Creek Meadows Subdivision - H 2016-0009 Page 2 of 4 Exhibit A _. Legal Description & Exhibit Map for New Property to be Annexed Legal Description Joint School District No. 2 Stoddard Property Parcel t A parcel located in the E Y2 of the NW'/. of Section 24, 'township 3 North, Range t West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap marking the northeast corner of the NW I of said Section 24, from which a brass cap monument marking the southeast corner of said NWi/. bears 8 0081'2.8" W a distance of 2634.99 feet; Thence S 0°51'28" W along the easterly boundary of said NW t a distance of 1317.51 feet to a 618 inch diameter iron pin marking the northeast corner of the SE 1/6 of the NW X of said Section 24; Thence N 89"1729" W along the northerly boundary of said SE f of the NW % a distance of 765.09 feet to a 5/8 inch diameter iron pin POINT OF BEGINNiNG; Thence leaving the northerly boundary S 45°51'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00'61'28"W a distance of 793.26 feet to a 578 inch diameter iron pin; Thence S 17911'32" W a distance of 222.56 feet to a 518 Inch diameter iron pin; Thence S 49000123" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8148`43" and a long chord bearing N 35"01'27 W a distance of 148.47 feet to a 5/8 Inch diameter Iron; Thence N 30°38'06" W a distance of 510.19 feet to a 618 inch diameter iron pin on westerly boundary of the E % of the NW %: Thence N 00°48'26" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a $18 inch diameter iron pin which bears S 8795619" E a distance of 3.00 feet from said point; Thence leaving said westerly boundary S 87°56'19" E a distance of 464.74 feet to a 518 inch diameter iron pin; Thence S 22038'47" E a distance of 241.93 feet to a 5/8 inch diameter iron pin to the POINT OF BEGINNING. LAAio This parcel contains 13.17 acres and is subject to any easements lQ�pt lb frrr �� existing or in use. a a 61Land Vincent Blommer, PLS Solutions, PC C `` 7- zS=�`(,�° � iY July 25, 2014 OF �O<t stoadnrd Proa Pi=t 1 s13t1i�3'v!&�f"di7i Jobb Mo. 13.80 (ter--"�Unoliwty4� unvf Carl 'wMy Fall Creek Meadows Subdivision H-2016-0044. Exhibit A W. OYMAND RD.T N 1/413 24 I E 464.74' I S 22'38'47" E 241,93' r NE CORNER F CURVE TABLE CURVE LENGTH RADIUS DELTA MD SRO CHORD 01 166.62 970.00 6'46'43' N 35'01'02° W 148.41 SchE V-300' CITY OF MERIDIAN ANNEXATION PARCEL 1, ROS 9666 PORTION OF PROPOSED FALL CREEK NIF—ADOWS $LJ8W/1$10N UNG -0 -ATE 01/15/16 mi. ria. 1501310 SHEET 1 OF 1 LOCATED IN THE E 1/2 Of THE NW 1/4 OF SECTION 24, T.3N., RAW., B.M. L MERIDIAN, ADA COUNtY, IDAHO I 6—A X.C1SL" iikb Fall Creek Meadows Subdivision H-2016-004.4 4 Exhibit A - Legal Description & Exhibit Map for New Property to be Annexed Legal Description Joint School District No. 2 Stoddard Property Parcel t A parcel located in the E Yi of the NW'/. of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a Brass Cap marking the northeast corner of the NW % of said Section 24, from which a brass cap monument marking the southeast corner of said NWIX bears S 0651'2.8" W a distance of 2634.99 feet; Thence S 0'5-1'2&'W along the easterly boundary of said NW'/ a distance of 1317.51 feet to a 518 inch diameter Iron pin marking the northeast corner of the SE Y, of the NW l of said Section 24, Thence N 89'1 T29" W along the northerly boundary of said SE % of the NW % a distance of 765.09 feet to a 518 inch diameter iron pin POINT OF BEGINNING: Thence leaving the northerly boundary S 45051'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00`5128° W a distance of 793.26 feet to a 518 inch diameter iron pin; Thence S 17°11'32" W a distance of 222.56 feet to a 518 Inch diameter iron pin; Thence 8 49000123" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8048'43" and a long chord bearing N 35401'27'W a distance of 148.47 feet to a 518 inch diameter iron; Thence N 30°38'06" W a distance of 510.19 feet to a 518 inch diameter iron pin on westerly boundary of the E'/ of the NW'l; Thence N 00°46'2.6" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a 518 inch diameter iron pin which bears S 87"5619" E a distance of 3.00 feet from said point; Thence leaving said vresterly boundary S 87°56'19" E a distance of 464-74 feet to a 51$ Inch diameter iron pin; Thence S 22038'47" E a distance of 241.93 feet to a 518 inch diameter iron pin to the POINT OF BEGINNING, L r nn�Q This parcel contains 13.17 acres and is subject to any easements in lQ�y s �� jr/. G�R existing or use, o , J`1V c 1 256 Vincent Blommer, PLS0. Land Solutions, PC N July 25, 2014NT stoadnrd Property Parcel I (�"l�ouiawrj4�unu Go"�.yng Job No. 13.80 Fall Creek Meadows Subdivision H-2016-0044 Exhibit A .._..-....—.,_..._.----,",^._.�.�.�,�,_.�,�._.� W..ow�u,N m.. N 1j4 '13 • 24 I E 464,74' ! I (f i� S 2238'47" E 20.9,T NE CORNER CURVE TABLE CURVE LENGTH RADNS DELTA CHORD BRC CHORD C1 148.62 970.00 8'46'43' N 35'0I'Q2' W 148.47 /4 SME 1'-300' CITY OF MERIDIAN ANNEXATION UW.D.hTE Ot/15/16 PARCEL 1, RCS 9666 PORTION OF PROPOSED FALL GREEK IdEAADOWS SUBWA$10N EFINEERIAN; SOLUTIONS FRo1. No. 150810 SHEET 1 OF 1 LOCATED IN THE E 1/2 OF THE NW 1/4 OF 1029 N. ROSAM ST., STE, 100 SECTION 24, T,3N., R.W., B.M. MERIDIAN, ADA COUNTY, IDAHO MERIDIMI, IDAHO 83692 Pho, (208) 936-a?EO %x (708) qz-o?41 IJ�06-A�k.CtSL" thb Fall Creek Meadows Subdivision H-2016-004.4 Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0071 ITEM TITLE: Heritage Grove No. 4 Final Order for Heritage Grove No. 4 (H-2016-0071) 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY ONE (31) SINGLE FAMILY RESIDENTIAL LOTS AND SIX (6) COMMON LOTS ON 5.22 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR HERITAGE GROVE NO. 4. BY: GREEN VILLAGE DEVELOPMENT, INC APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0071 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING HERITAGE GROVE NO. 4, LOCATED IN SE 1/4 OF SECTION 31, TOWNSHIP 4N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: JUNE 2, 2016, GLENN K. BENNET, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE GROVE NO.4 (H-2016-0071) Page 1 of 3 City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Tucker Johnson, Green Village Development, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE GROVE NO.4 (H-2016-0071) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the r� day of - , 2016. B U{� Y• Tammy de Weerd Mayor, City of Meridian Attest: , O�QpRATEpgt Cyte, ID Jaycee o,Jman City Clerk �, S �D AN41 S 1. rhO TREASVRF•1 Copy served upon the Applicant, Ping and Development Services Divisions of the Community Development Department and City Attorney. BY t V--�► �-2i��AtftJ Dated: —7—c)7 ' I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE GROVE NO.4 (H-2016-0071) Page 3 of 3 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: C.Jay Coles, Assistant City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0071 – Heritage Grove No. 4 I. APPLICATION SUMMARY The applicant has applied for final plat (FP) approval for thirty one (31) single-family residential building lots and six (6) common lots on approximately 5.36 acres of land in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Heritage Grove Subdivision No. 4 final plat subject to the conditions noted in Sections VI and VII below and Findings in Exhibit E. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0071 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0071, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0071 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: (Parcel # S0531449454) The site is located on west of N. Locust Grove Road and north of E. Ustick Road in the SE ¼ of Section 31, Township 4N, Range 1E. B. Owner(s): Leon & Larue Johnson Family Trust 2453 E Wainwright Drive Meridian, Idaho 83646 C. Applicant: Green Village Development 372 S. Eagle Road, Suite #328 Eagle, Idaho 83616 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts thirty one (31) single-family residential building lots and six (6) common lots on 5.22 acres of land in the R-15 zoning district. This is the fourth and final phase of development proposed for the Heritage Grove Subdivision. The average lot size proposed for the development is 4,653 square feet. The gross density for this phase of development is 5.94 dwelling units per acre with a net density of 9.36 dwelling units per acre. The proposed open space for this phase consists of 8-foot wide parkways along a majority of the internal local streets (except for the north side of E. Prairiefire Street) and a micropath lot (Lot 12, Block 9). The common open space complies with the overall open space approved with the Heritage Grove development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-14-001). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of qualified open space number is consistent with the approved landscape plan, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved annexation (AZ-14-003); preliminary plat (PP-14-001); planned unit development (PUD-14-001), final plats (FP-14-031, FP-15-015 and FP-15-030), alternative compliance (ALT-15-006) and recorded development agreement (DA #114041277). 2. The applicant shall obtain the City Engineer’s signature on the final plat by May 2, 2018 or within two (2) years of the City Engineer’s signature on the previous final plat. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Civil Survey Consultants, Inc., stamped on June 2, 2016, by Glenn K. Bennett, shall be revised as follows: a. Notes #11 and #13: Insert recording instrument number. b. Note #14: Include that this Lot is a common lot and will be owned and maintained by the Heritage Grove HOA. 5. The landscape plan prepared by The Land Group Inc., dated June 7, 2016, shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing shall meet the standards of UDC 11-3A-7A7. Lot 10, Block 11 shall be fenced in accord with standards of UDC 11-3A-7A7. b. All common open space and site amenities shall be maintained by a homeowner's association as set forth in UDC 11-3G-3F1. c. The 8-foot wide parkways adjacent to the local streets may be installed at the time of lot development as set forth in UDC 11-6C-3H. The parkways shall be planted in accord with UDC 11-3A-17E and UDC 11-3B-7C. d. Lot 12, Block 9 shall be landscaped in accord with UDC 11-3B-12. EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 3 6. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for the subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 10. Future homes constructed in this subdivision shall substantially comply with the sample elevations and design features included in the development agreement recorded as Instrument No. 114021277. 11. A Street Light Plan will be required with the submittal of the civil construction plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 12. Provide valves on the water mains, in all directions at intersection of N Heritage View Ave and E Prairiefire Street. 13. Connect the water main in N Heritage View Ave to the existing water to north in Quenzer Commons Subdivision No. 6. This connection is along pressure zone boundary and must remain closed after construction. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 4 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 5 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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 development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP-14-001) C. Proposed Final Plat (stamped/dated: 6/2/2016) D. Proposed Landscape Plan (dated: 6/7/2016) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 7 Exhibit B – Approved Preliminary Plat (PP-14-001) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 8 Exhibit C – Proposed Final Plat (stamped/dated: 6/2/16) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 6/7/16) C.Jay Coles From: Tucker Johnson <tj@skylineid.com> Sent: Thursday, July 14, 2016 2:54 PM To: C.Jay Coles Cc: Machelle Hill; Charlene Way; Jaycee Holman Subject: Heritage Grove No. 4 - agree with staff report H-2016-0071 C.Jay, We are in agreement with the staff report for Heritage Grove No. 4 and request that this item be placed on the consent agenda. Thank you TuckerJohnson Green Village Development, Pres. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5J PROJECT NUMBER: 2016-0073 ITEM TITLE: Whiteacre Subdivision No. 1 1 Final Order for Whiteacre Subdivision No. 1 (2016-0073) 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND FIVE (5) COMMON LOTS ON APPROXIMATELY 5.55 ACRES IN THE R-8 ZONING DISTRICT FOR WHITEACRE NO. 1 SUBDIVISION. BY: WHITEACRE DEVELOPMENT CORP. APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0073 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) I 1-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WHITEACRE SUBDIVISION NO. 1, LOCATED IN NW/40F SECTION 36, TOWNSHIP 4N, RANGE IW, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 05/27/16, GREGORY G. CARTER, PLS, SHEET 1 OF 3," is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 1 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 12016. Attest: Jaycee Rol City Clerk By9,1 Tammy de Weerd Mayor, City of Meridian 6 D AUG�SI �s n itv of L' IDAHO SEAL day of °f the TREPS " Copy served upon the Applicant, ammng and Development Services Divisions of the Community Development Department and City Attorney. By:_��Jl � �-C� Dated: —7—A 7-- flee ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 3 of 3 EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whiteacre Subdivision – FP (H-2016-0073) I. APPLICATION SUMMARY The applicant, Whiteacre Development Corp, has applied for final plat (FP) approval of 20 single- family residential building lots and 5 common lots on 5.55 acres of land in an R-8 (medium-density residential) zoning district, for Whiteacre Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Whiteracre Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0073 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0073, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0073 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the west side of N. Meridian Road, between W. Ashton Drive and W. Lava Falls Drive, in the NW ¼ of Section 36, Township 4N., Range 1W. B. Applicant/Owner: Whiteacre Development Corp 701 Allen Street STE 104 Meridian, ID 83642 C. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 2 Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 20 single-family residential building lots and 5 common lots on 5.55 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 3.57 dwelling units (d.u.) per acre with a net density of 5.49 d.u. per acre. All of the lots are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. The proposed common open space for the first phase consists of the Meridian Road street buffer, and a portion of the “park” which consists of roughly 31,600 square feet. The remaining portion of the park, pathways, amenities and the Meridian Road street frontage improvements, not included with this phase must be installed prior to the first day of school of the 2017-2018 school year per the recorded development agreement. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0019, and recorded development agreement instrument #2016-051942). 2. The applicant has until June 7, 2018, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. The applicant shall comply with the approved home elevations. Future homes adjacent to N. Meridian Road (Lots 2-7, Block 1) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. 4. Prior to signature on the final plat the applicant shall record, a perpetual ingress/egress easement for the common driveway with the Ada County Recorder, this shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 5. The final plat prepared by prepared by Idaho Survey Group, dated 05/27/16, prepared by Gregory G. Carter, shall be revised as follows: a. State that this development is subject to a development agreement and include the applicable instrument number and include as note # 9. b. Note #1 references Lot 17, Block 1, however, there is no such common lot associated with this plat. Remove this reference. c. The applicant shall enter into a license agreement with ACHD for the landscape improvements within the public right-of-way. Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. The submitted landscape plan prepared by South Landscape Architecture, dated 06/15/16shall be revised as follows: EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 3 a. Lot 16, Block 1 shall be landscaped in accord with UDC 11-3B12(C). b. The fencing proposed along the north boundary of Lot 16, Block 1 shall meet the requirements as set forth in UDC 11-3A-7 figure 1. Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. The existing structures shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. 11. A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 12. Applicant has been approved for two (2) building permits prior to having the plat recorded. Prior to applying for these two permits, the applicant shall ensure that; street signs (at least temporary signs) are to be in place, sanitary sewer and water system shall be approved and activated, and that a compacted road base is in place. The intent is to make sure that emergency services can have access to buildings under construction, as well as having live fire hydrants for the protection of structures. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 4 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 5 Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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 development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 02/10/16) C. Proposed Final Plat (dated: 05/27/16) D. Proposed Landscape Plan (dated: 06/15/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 02/10/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 8 Exhibit C – Proposed Final Plat (dated: 05/27/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 06/15/16) Meridian City Council Meeting DATE: Julv 26, 2016 ITEM NUMBER: 5K PROJECT NUMBER: H-2016-0079 ITEM TITLE: Kenners Subdivision Final Order for Kenners Subdivision (H-2016-0079) 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF EIGHT (8) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND ONE (1) COMMON LOT ON APPROXIMATELY 1.28 ACRES IN THE R-8 ZONING DISTRICT FOR KENNERS SUBDIVISION. BY: TEALEY'S LAND SURVEYING APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0079 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING KENNERS SUBDIVISION, LOCATED IN SW 1/a OF SECTION 5, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 06/17/16, PATRICK A. TEALEY, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 1 of 3 Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Pat Tealey, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of < , 2016. BY' ammy de Weerd Mayor, City of Meridian Attest: CTEO AU,;,, Jaycee nos City Clerk "T v E IDIAN IDANp SEAL JP; Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: AAc�ewf�+l,ize Dated: 7 4,55, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 3 of 3 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Kenners Subdivision – FP (H-2016-0079) I. APPLICATION SUMMARY The applicant, Tealey’s Land Surveying, has applied for final plat (FP) approval of 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 (medium-density residential) zoning district, for Kenners Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Kenners Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0079 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0079, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0079 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2050 N. Dixie Lane, east of N. Locust Grove Road on the north of E. Fairview Ave., in the SW ¼ of Section 5, Township 3N., Range 1E. B. Applicant/Representative: Pat Tealey, Tealey’s Land Surveying 12594 W. Explorer, Ste. 150 Boise, ID 83713 C. Owner: Kouba Homes, LLC EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 2 5637 N. Claret Cup Way Meridian, Idaho 83646 V. STAFF ANALYSIS The proposed final plat depicts 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 6.25 dwelling units (d.u.) per acre with a net density of 8.10 d.u. per acre. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0018). 2. The applicant has until May 17, 2018, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Future homes constructed within the subdivision must comply with the submitted elevations approved with the preliminary plat. 5. Prior to signature on the final plat, the applicant shall provide written documentation from the Wingate Place No. 2 HOA for the construction and maintenance of multi-use pathway in Lot 1, Block 6 of Wingate Place No. 2. 6. Prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. 7. The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 8. The final plat prepared by prepared by Tealey’s Land Surveying, dated 06/17/16, prepared by Patrick A. Tealey, is approved as shown. 9. The applicant is required to install a five foot wide landscape buffer on the north side of Lot 7, Block 1. The landscaping shall meet the requirements of UDC 11-3G-3. shown. 6. The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 3 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 11. Prior to signature on the final plat, the applicant shall provide an exhibit depicting the setbacks, building envelope and orientation of lots and structures for those lots taking access from the common driveways (Lots 3-6, Block 1) in accord with UDC 11-6C-3D7. 12. A street light plan will need to be included in the final plat application. The plan will need to include the installation of a type 2 street light at the corner of E Oakcrest Drive and N Dixie Ave. 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 13. An existing temporary sanitary sewer and water main easement in favor of the City of Meridian currently exists across Lots 1 and 2, Block 1. The easement was created with the Wingate Place Subdivision No. 2 final plat. Existing sewer and water mains currently traverse through these easements, however with the development of Kenners Subdivision; theses mains will be relocated into the new public right-of-ways of E. Oakcrest Drive and N. Dixie Avenue, thereby rendering the easement alignment obsolete. To address the relinquishment of this easement, applicant shall create plat note that acknowledges the easement with reference to the recorded final plat of Wingate Place Subdivision No. 2, and then work with the City Attorney’s Office to process a Relinquishment document that would be executed by the City, and then recorded into Ada County Records. The recording instrument number would then be made part of the note described above. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 4 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. 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. 16. 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. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 5 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that ma y be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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 development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 06/01/15) C. Proposed Final Plat (dated: 2/11/16) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 06/01/15) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 8 Exhibit C – Proposed Final Plat (dated: 06/17/16) 1 Joshua Beach From:Pat Tealey <ptealey@tealeys.com> Sent:Thursday, July 14, 2016 10:33 AM To:Joshua Beach Subject:RE: Kenners Sub. Final Plat Josh I have read the attached Final Plat requirements and presented them to the owner. We have no comment and agree with the requirements as noted in the Staff Report. Patrick A. Tealey PLS #4347 Tealey’s Land Surveying 12594 W. Explorer Dr. #150 Boise, ID 83713 (208)385-0636 ph (208) 385-0696 fx From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, July 14, 2016 8:27 AM To: Pat Tealey < ptealey@tealeys.com >; Barbara Shiffer < bshiffer@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Jacy Jones < jjones@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >; Andrea Pogue < apogue@meridiancity.org >; Bill Nary < bnary@meridiancity.org >; Emily Kane < ekane@meridiancity.org >; Michelle Albertson < malbertson@meridiancity.org >; Ted Baird < tbaird@meridiancity.org > Subject: Kenners Sub. Final Plat Pat - Please submit a written response to the staff report to the City Clerk’s office (jholman@meridiancity.org , mhill@meridiancity.org , jjones@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach Associate Planner 2 Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208)489-0576 Fax: (208)888-6854 jbeach@meridiancity.org Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5L PROJECT NUMBER: H-2016-0084 ITEM TITLE: Normandy Subdivision No. 2 Final Plat for Normandy Subdivision No. 2 (H-2016-0084) 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: July 26, 2016 ITEM NUMBER: 5M PROJECT NUMBER: H-2016-0085 ITEM TITLE: Normandy Subdivision No 3 Final Plat for Normandy Subdivision No 3 (H-2016-0085) 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: July 26, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Valley Regional Transit Valley Regional Transit (VRT) Lifestyle Service MEETING NOTES V/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Access to Independence -Meridian Lifestyle Service Access to Independence Partners -Boise State University -Boise At Home -Senior centers -Transportation providers -Treasure Valley Transit -Older adults and persons with disabilities -Idaho Commission on Aging -National Federation of the Blind Design Criteria Access to “Quality of Life” services Integration into the community Convenient, reliable, and familiar Lifestyle Transportation Service Community oriented Small service areas Designated vehicle and driver Free transportation to any location within service area If this service was made available in your community, how often would you use it? Never Once a week Twice a week 2-3 times a week 3-5 times a week more than 5 0% 35% 38% 21% 6% 0% n= 73 Top Destinations 12% 11% 8% 8% 7% 6% 6% 6% 5% 5% 0% 2% 4% 6% 8% 10% 12% 14% Top 10 Destinations n=202 destinations Top Destinations Percentage Village 12% Winco 11% Fred Meyer- Locust Grove 8% St Lukes Eagle 8% Library 7% Walmart 10 Mile 6% Walmart Fariview 6% Walmart Overland 6% Meridian Senior Center 5% Albertsons Meridian 5% -Transfers between the two zones -“Social Trips” organized grocery trips Service Model Monday- Saturday 9am-3pm I need a ride Implementation Program Launch October 2016 Implementation Costs Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Financials 2017 2018 2019 Total Fed Local Total Fed Local Total Fed Local Meridian N Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 Meridian S Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 $39,118 $96,242 $98,648 The graphic below represents the flow of funds to support a Lifestyle Serivice for operations. Federal Funds: 5310/5307 Local Funds: Local Government Local Businesses Community Organizations State Agencies (AAA) Valley Regional Transit receives full cost of operations *Valley Regional Transit reimburses service provider for labor, fuel and associated service costs Valley Regional Transit retains remainder of costs to support ongoing operations Schedule -Meridian Transportation Commission- July 18 -Harvest Church Orientation- July 19 -Vehicle Procurement Initiated- July 25 -Meridian City Council- July 26 -VRT Executive Board- August 1 -Vehicle Vendor Awarded- August 30 -Initiate Driver Training September 19 -Vehicles Arrive October 11 -Pilot Year Launch October 24 Co m m u n i t y O u t r e a c h / P r o g r a m P r o m o t i o n Current Meridian Service 0 50 100 150 200 250 300 350 November December January February March April May June Number of Rides Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Cooperative Agreement Addendum No. 1 to FYI Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Lifestyle Service 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 ADDENDUM NO. 1 TO COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR LIFESTYLE SERVICE STARTUP COSTS FOR OLDER ADULTS AND PERSONS WITH DISABILITIES THIS ADDENDUM TO THE FY 2016 COOPERATIVE AGREEMENT ("Addendum") is entered into this -day of July, 2016 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. On the 4th day of November, 2015, VRT and Member entered into the FY 2016 Cooperative Agreement for financial support to VRT B. Pursuant to Section 4(c) of the FY 2016 Cooperative Agreement, VRT and Member agreed to cooperatively develop plans for the additional service within the City of Meridian. The parties agreed to memorialize the details of the additional service and the exact amount to be paid by member through the execution of an addendum to the Cooperative Agreement in an amount not to exceed $60,000.00. C. By this First Addendum, both VRT and Member desire to amend the 2016 Cooperative Agreement to memorialize Member's commitment to fund additional services. NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Addendum and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Cooperative Agreement shall be modified in the following particulars: Section 4(c) of the Cooperative Agreement (Payment) shall be repealed and replaced as follows: For Lifestyle Service to be provided within the City of Meridian, VRT has developed a business plan, attached hereto as Exhibit A. The amount to be paid by Member to VRT for Lifestyle Service start-up costs shall be $60,000.00 for the Items listed in Exhibit B, attached hereto and incorporated herein by this reference. Upon the execution of this Addendum, VRT will provide an invoice to Member for the amount agreed upon herein. Page 1 of 18 ALL OTHER TERMS OF THE COOPERATIVE AGREEMENT SHALL REMAIN THE SAME. Each party hereto represents and warrants that each person executing this 2016 FIRST ADDENDUM on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. EXECUTED and effective as of the date first above written. Valley Regional Transit: Kelli Fairless Executive Director City of Meri ian: a Page 2 of 18 EXHIBIT A Lifestyle Service Business Plan Page 3 of 4 EXHIBIT B Meridian Lifestyle Service Valley Regional Transit will partner with a local community organization to pilot a Lifestyle Transportation service for Meridian residents. This new service is designed to address the daily transportation needs of seniors and persons with disabilities by providing a reliable, direct, and easy to- use service. The service will designate two service areas, dividing the Meridian community into a southern and northern service area. Each service area will designate an accessible vehicle and driver(s) to provide transportation free of charge to any location within the service area boundaries. Service hours will run operate from 9am-3pm, Monday-Saturday and will be directly operated by the partnering community organization acting as a service provider. The service will also partner with the Cherry Lane Library to allow riders to transfer between the two service areas if needed. Additionally, the service will connect riders to the fixed route system, allowing riders access to downtown Boise. However, the main focus of the service will be to provide connectivity and easy access within Meridian. The service is targeted to begin operations in October 2016. Valley Regional Transit will work throughout the summer of 2016 to train the new service provider and implemented a robust marketing strategy to promote the service. Additionally, Valley Regional Transit will purchase two new accessible vehicles to be dedicated to the Meridian Lifestyle Service. Provided below are the projected startup costs needed to prepare the program to be fully operational in October 2016. Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Total $60,000 Page 4 of 4 Contents Background................................................................................... Purpose..................................................................................... Problem/Need.............................................................................. Solution........................................................................................ Service Area Characteristics..................................................... Service Providers...................................................................... Ride Request Process............................................................... Rideline Staff Duties................................................................. Customers Outreach................................................................ Marketing Size and Conditions..................................................... Finances........................................................................................ Expenses................................................................................... Revenue.................................................................................... Challenges.................................................................................... Implementation Criteria............................................................... [Type text] ( )i goride ..........................................................28 .........................................................28 .........................................................34 .........................................................35 .........................................................48 .........................................................5g .........................................................68 ........................................................ 849 ........................................................9-� ........................................................9-� .....................................................103 .....................................................103 ......................................................114 ......................................................12- 5 ......................................................13- b Access to Independence Lifestyle Service- Business Plan Background Valley Regional Transit (VRT) is the regional public transportation authority (RPTA) for Ada and Canyon counties. VRT was formed by citizen vote in 1998 per the provisions in Idaho Code Title 40, Chapter 21, and the enabling statute for RPTA's. The enabling statutes states that an RPTA maintains exclusive jurisdiction over all publicly funded public transportation services within the established boundary (IC 40-2109). It also outlines the authorities of an RPTA which includes the responsibility to provide efficient and effective public transportation, to coordinate regional services and encourage the provision of services through the private sector (IC 40-2104). VRT adopted an update to the strategic plan in 2015 reiterating the organization's mission "to develop and manage transportation resources and to coordinate the effective and efficient delivery of safe transportation options to the region's citizens." Purpose The purpose of this document is to outline the service characteristics associated with a new mobility option for seniors and persons with disabilities, Access to Independence Lifestyle Service (Lifestyle Service). The new service is designed to address the daily transportation needs of this population sector by providing reliable, direct, and easy to -use service within each community. The service will designate an accessible vehicle and driver(s) to a specific service area. The Lifestyle service will provide service to any location within the service area boundaries for a designated number of hours per week (35-40 hrs/week). The Lifestyle Service will be implemented through a phased approach, originating with the communities with the greatest need for transportation services. These services will work in coordination with the existing Community Link mobility option for seniors and persons with disabilities in the early years of operation, but will ultimately replace or redefine the majority of Community Link partnerships as they currently exist. These same coordinating partners may continue to provide transportation services under an adopted framework of the Lifestyle Service. The development of the Lifestyle Service will act to: • Increase coverage of high quality, consistent transportation services throughout the Treasure Valley; • Coordinate efforts of local champions in the community to reduce duplication of services; • Free up capacity on existing services to take on additional riders; • Enable existing services to satisfy the demand for long distance trips (beyond service area boundaries); • Standardize operations for Rideline staff incorporating a dedicated vehicle that will not leave the service area, a standardized reimbursement rate for service operations, and software applications t to facilitate scheduling activities; • Improve access to "quality of life services" for residents, therefore, creating an increased independence for Treasure Valley Residents. [Type text] 0 goride Problem/Need A major barrier to independence for seniors and persons with disabilities is the lack of transportation options to access daily activities in their community. VRT currently offers transportation service to help address some of these needs through an Acquisition of Service program, CommunityLink. VRT has traditionally experienced challenges with the CommunityLink service, as many of the service providers are unable to provide consistent service to the community beyond their constituents. Additionally, each service provider requires a different reimbursement rate for the trips provided, and have been inconsistent in invoice methodology/submittal, thus, causing a number of accounting challenges. Each of these programs receives 5310 Federal Funding to support up to 80% of the cost to deliver a ride. The remaining 20% of funding comes from and state agencies or in-kind support. These resources are made available to each service provider to support rides for certain characteristics (i.e., veteran, senior, Meridian resident). The various resources and rider characteristics present challenges in maximizing program efficiency as certain rider sponsorships limit the ability to use an available service in a given community. The demand for these lifestyle services has seen a sharp increase in recent months, placing a strain on VRT staff and vehicles. This growing demand is quickly exhausting the supply of vehicles and personnel. The demand significantly impacts VRT capabilities to meet the needs of this population and concurrently diversify mobility programs beyond seniors and persons with disabilities. A more efficient and coordinated effort is needed to establish dedicated services specific to certain geographies t to disperse this demand to a more appropriate and localized scale. Establishing these geographic service areas will provide more consistency in resource allocation and enable VRT to efficiently schedule more riders onto fewer vehicles. The use of technology to assist with scheduling and monitoring services will facilitate the level of coordination required to adequately service this population. Furthermore, the designation of service areas will create a simplified and easy - to -use delivery model for riders, service providers and transit administrators. The fundamental element to the delivery of the Lifestyle Service involves identifying local community organizations to provide services. Local organizations with extra capacity and resources will be identified to help lower program costs and, more importantly, promote community engagement. Identifying locally recognized service providers was identified as a major "service criteria" by customer groups participating in the service. Solution The demand for transportation services by senior and persons with disabilities will substantiate the implementation of approximately nine service areas in the Large Urban area, four service areas in the Small Urban area, and eight service areas in the surrounding rural area by 2021. This business plan will focus on the urban areas. A special rural plan will be developed once urban several urban services are fully implemented. Service area designations are based on the amount of existing transportation options and the projected demand from the target population. These designations are based on the assumption that one service area should be able to accommodate 20-25 one way trips per service day. Service area boundaries will [Type text] 0 goride need to be carefully defined to ensure maximum efficiency to satisfy these performance goals. Each service area will be equipped with one accessible vehicle from the VRT vehicle share program. However, vehicles assigned to each service area are designed to not leave the area for trip origination; unless there is a need for maintenance as a part of a scheduled rotation. This criteria will significantly reduce the burden on VRT staff to consistently shuttle vehicles across the region for various partners. For riders and transportation providers, this designated accessible vehicle will ensure that reliable transportation is available to satisfy rider needs. Service Area Characteristics Each service area will differ slightly based on existing services, demographics and general makeup of each community. However, the target size for a service area will be roughly 10-15 sq miles. These service area parameters should be expansive enough for an appropriate and diverse number of services and amenities; however, each community will need to be carefully examined to ensure that density, geography and amenities are taken into account. An in-depth analysis conducted by VRT of each targeted community will reveal the individualized specific characteristics for planning purposes. Provided below is an example of a potential service area in Southern Boise. This example is meant to show solely the extent of a service area (10-15 sq miles). Figure 1 Potential Service Area in South Boise The geographic scale of this service areas is supported by a recent study from Boise State University which identified the average distance to grocery stores in Ada County as 1.2 miles, and the average [Type text] goride distance to a convenient store/ gas station are 2.5 miles. 'The projected trip characteristics will use the later distance (2.5 miles) as the average one-way trip for Lifestyle service customers. The projected time to accomplish a 2.5 mile trip will be approximately 15 minutes. Particular service hours are not yet defined; however, in order to satisfy the yearly demand for trips, an average of 36-40 hours of service per week is estimated. Recommended service hours will be for 6 hours through the middle of the day and be provided 6 days a week. Community specific outreach efforts will help determine the desired hours of operation of the service. Service Providers The service will be directly provided by organizations located within each service area (e.g. faith -based organizations, human service agencies). These organizations will serve as a Community Hub and will effectively take ownership over the service area and serve as the primary source for information regarding the Lifestyle Service. These organizations will ensure that a community -oriented service is provided, satisfying fundamental service criteria as identified by the target population. Service Providers will need to dedicate personnel to process ride requests, educate the public, and manage drivers. VRT will generate manifests detailing the daily schedule for Service Provider's drivers to follow and will coordinate daily communications with the drivers. Service Providers will work closely with VRT on the overall management of the service; however, the majority of operational activities will be assumed by the Service Provider. Service Providers will be responsible for: • Providing and managing drivers • Managing the facility portal, and entering ride requests that do not come through the Customer Web portal • Printing daily manifests (back up to GoRide Tablet) • Verifying trips and documenting appropriate performance information • Monitoring customer feedback • Store vehicle during non-operating hours • Charge and maintain GoRide Tablet • Daily upkeep of vehicles (cleaning), and • Coordinating with VRT to promote and educate riders of service characteristics and scheduling options. Service Providers will be reimbursed for all costs associated with providing the service. Please see the Cost/Revenue Model section on page 15 for an overview of reimbursement process. The fundamental role of the Service Provider will be to maintain a consistent supply of drivers. Each service area will need to have at least two drivers identified to ensure reliable service. One service area could potentially hire two par- time driving positions to support the needs of the community. If drivers are not available to provide service, the service provider will be responsible for informing the 1 https://theb]uereview.org/food-access-and-food-deserts-in-ada-county-idaho/ [Type text] 0 goride public/riders. VRT will assume the responsibility of training drivers, but will not be responsible to provide drivers. Service Providers will also assume administrative duties and will need to have personnel available to monitoring ride requests and assist riders with navigating the ride request platform. Many of these responsibilities may be spread across multiple staff positions, however; there should be a designated Provider Administrator to work directly with VRT. The Provider Administrator will be responsible for monitoring the program, ensuring driver availability, enforce GoRide passenger/driver policies and serve as a liaison between VRT and riders. The Provider Administrator will be required to meet periodically with VRT to discuss program operations. Provided below is a basic breakdown of the duties for drivers and Provider Administrators of the Service Provider. Position Drivers Provider Administrator Duties • Operate Vehicle During • Process Ride Requests Service Hours • Print out Daily Manifests • Provide High Quality of for Drivers Customer Service • Ensure proper • Conduct Routine documentation of Maintenance Check Ups performance data • Maintain General Upkeep • Ensure consistent supply of Vehicle of drivers • Complete Trip • Provide customer service Verification using GoRide as needed Tablet • Refer inquiries regarding • Participate/Facilitate day -of- service to Rideline GoRide's customer • Coordinate any vehicle satisfaction outreach maintenance needs with • Communicate regularly VRT with Rideline dispatch • Oversee program operations with VRT and customers to ensure high quality reliable service is provided. Ride Request Process Rideline will make considerable efforts to reduce the amount of administrative burden on behalf of the Provider Administrator. These efforts include the generation of manifests based on the ride requests entered by the Provider Administrator. Rideline staff has access to a sophisticated scheduling software system that will enable rides to be seamlessly processed and scheduled. Rideline will use this software to review ride requests and place them on their designated Lifestyle Service van. Additionally, Rideline [Type text] (\ }) goride staff will be responsible for all "day -of' communication regarding manifest changes and rides status updates. Riders can gain access to the Lifestyle Service through two options. 1) Riders call into Community Hub to request rides over the phone. Riders can call into the Community Hub and speak with the Provider Administrator to directly schedule rides. A vetting process will be conducted to ensure rider requests are within the designated service areas. The Community Hub will process ride request and enter them into a web portal. Figure 2 demonstrates customer's ride requests process. 2) Riders sign up to use the customer portal online - Riders will be granted access to an online venue to request rides. Access to the online portal will be provided by riders submitting an application to receive log -in information. Rideline staff will review rider characteristics and grant access to qualified applicants/ trips. Once approved, riders can sign into the online portal to request rides. Provided below is an example of the Portal User Registration. Ride Request Process Flow Marketing initiative informscustomers of service characteristics and scheduling resources (contact info) CUStomel's contact service providers to schedule ride Customer sends email to Rideline requesting access to Customer Portal Rideline reviews customer information and provides Customer Portal access information (if home is within caruira araal [Type text] 0 goride Service provider enters ride request into vreb portal Customer logs onto Customer Portal and enters ride request Rideline stall processes trips and places them on designated Lifestyle Service vehicle. Rideline Staff Duties Several applications will be made to facilitate the scheduling optimization and monitoring process for Rideline staff and VRT. These new applications will require additional training of Rideline staff in some cases. The following list provides an overview of the applications that will assist Rideline staff in processing ride requests and scheduling rides on the Lifestyle service. • Each service area will have a designated zone within the scheduling software. This zone will indicate whether a trip request is eligible for a particular Lifestyle service van, or will need to be placed on another GoRide service. • Optimizing activities will utilize these zones to ensure manifests are generated accurately. Rideline staff will work with the Provider Administer and drivers to ensure optimizing characteristics are appropriately assigned. • Each vehicle will be equipped with a tablet, providing a standardized approach to monitoring service delivery and streamlining the trip verification process. Rideline staff will work with provider administrator to ensure driver accuracy and consistency with tablet use. • Reminder calls will be provided 24 -hours in advance through Rideline. Rideline staff will be responsible to update manifest due to late cancellations, no show and/or late additions. Rideline will work closely with Provider Administrator to handle any scheduling concerns or adaptations. For example, specialized trips to local events or grocery stores may be incorporated into the service areas. Regularly scheduled meetings will be held to ensure effective communication between VRT and the Service Providers. The daily operational tasks undertaken by Rideline Staff are provided below. Rideline Staff receives a ride request through Customer or Facility Portals and reviews for completeness. Daily Activities Rideline staff processes trip request and, using the optimizing function, places riders on designated Lifestyle Service Vehicle. End of the Month Rideline Staff reviews monthly service and generates performance report FV Rideline sends manifests for the following day's service to Service Provider via tablet or email. VRT's Mobility Manager conducts regular status meetings with Service Providers to address concerns or questions VRT staff will also be responsible to address any maintenance needs of Lifestyle Service vehicles, and will ensure there are back up vehicles to maintain service. VRT Mobility Coordinators will consistently monitor all vehicles in the fleet and coordinate with Service Providers regarding vehicle's needs. VRT's Mobility Manager will continue the role of identifying community partners and facilitating the implementation and standard operating procedures with the Service Provider. As opposed to current conditions in which the Mobility Manager attempts to tailor programs to meet the needs of the transportation providers, the Mobility Manager will now be equipped with the structure of a viable program tailored to meet the needs of the community and structured to ensure a successful and consistent delivery of service. This framework will enable the Mobility Manager to engage a diverse range of community organizations to become new partners, as well as, to provide a sound alternative for many CommunityLink providers to adopt a new service model. Customers Outreach Riders will become aware of the system and its specific characteristics through a robust marketing initiative. This marketing initiative will include partnerships with local businesses, human service organizations, community organizations, local government and focused social media incorporation. Fundamental to marketing efforts will be the customer's awareness of the service boundaries and beneficial, applicable characteristics. These areas will need to be clearly defined to ensure customers do not place ride requests that originate or terminate outside of the service area. Additionally, marketing materials will provide information for interested riders to submit a request into Rideline to receive access to a customer portal, enabling them to schedule their own rides online. Each Lifestyle Service area will have its own marketing strategy based on the available resources. However, all marketing initiatives will ensure a clear definition of service area boundaries and rider requirements. Utilizing a coordinated marketing approach, there are also tremendous opportunities to work with local businesses. By generating specialized trips to local stores and events, an opportunity exists for collaborative marketing initiatives. Fundamental to the coordinated marketing strategy will be to highlight and to promote the s service provided by the local Service Provider. Service Providers should be recognized throughout the community for the value to enhanced quality of life they are providing through the delivery of the Lifestyle Service. Marketing Size and Conditions The Treasure Valley's senior population is growing. The following table demonstrates the change in population by age between 2010 and 2040. This table focuses on persons 65 years of age or older. In raw numbers, the estimated number of seniors (age 65+) will grow from 61,444 in 2010 to 231,555 in 2040, which translates to 377% growth and an additional 170,111 new seniors beyond the 2010 level. Looking at the senior growth from 2015 — 2020, the senior population is estimated to grow by 23,116 (almost 30%). Looking at the senior growth from 2015 — 2020, the senior population is estimated to grow by 23,116 (almost 30%). This growth represents a demand for over 53,000 one way trips in the large urban area and over 11,000 trips in the small urban area by year 2020. Year Population 65+ Total Population % of Population 65+ 2010 61,444 581,288 10.6% 2015 78,982 624,998 12.6% 2020 102,098 674,974 15.1 2040 231,555 1,022,000 22.7% The current CommunityLink delivery model will be unable to comprehensively support this level of service throughout the region. The proposed strategy will introduce nine service areas in the Large Urban area and four services areas in the small urban area by the year 2021. These efforts provide an approach to phase out current Community Link operations in favor of the new Lifestyle Service. Full implementation of these service areas will address the demand in the region. Finances Expenses The table below demonstrates the overall expenses associated with the growth of the Lifestyle Service solution over the next five years. The growth of the program will include the transition of current Community Link providers into Lifestyle Service Providers . For example, the large growth in 2018 represents CommunityLink providers: SHIP, Eagle Senior Center and Star Senior Center making the transition into Lifestyle Service Areas. CCOA will go through a similar transition beginning in 2019. In addition to CommunityLink transitions, the Lifestyle program will incorporate new Service Providers. The Revenue Model on page 12 will demonstrate the proposed funding allocation to support the Programs Expenses. Expenses Number of Service Areas 2017 2018 2019 2020 2021 3 8 10 12 13 Operations $229,026 $626,004 $802,068 $986,544 $1,095,475 Preventative Maintenance $29,616 $80,950 $103,718 $127,573 $141,659 Capital $27,900 $76,260 $97,708 $120,181 $133,451 Administration $6,846 $18,712 $23,975 $29,490 $32,746 Total $293,388 $801,927 $1,027,469 $1,263,787 $1,403,330 Operations costs consist of a $15/hour wage for the Service Provider's Program Administrator and drivers. In addition to fuel, these costs are to be directly reimbursed to the Service Provider on a monthly basis. Additional costs to support the ongoing operations of the service including: data plan, marketing, and Rideline wages are to be allocated through VRT internally. The base operational costs for one service area are provided below. 10 Lifestyle Breakdown —1 Area OP Wages $55,800* OP Fuel $4,069* OP Data Plan $198 OP Driver Training $1,200 OP Rideline Scheduler $10,075 OP Marketing $5,000 *Service Provider Reimbursements (see page 12) Preventative Maintenance costs are based the metrics used by VRT's ACCESS paratransit service. These metrics assign $.50/mile to vehicles to ensure a healthy and reliable vehicle fleet. Based on the projected demand and trip characteristics of Lifestyle services, each service will require $9,872 in preventative maintenance. Annual capital costs for each program include a depreciation of $9,300. These funds will go towards the purchase of a new replacement vehicle in 7 years. Administrative costs consist of vehicle insurance ($2,222/year) and minor expenses associated with driver certification. Revenue Each Lifestyle program will be made eligible for either FTA 5310 AOS funding or FTA 5307 funds. Both Federal funding sources will be utilized to help support the service throughout the region. In determining a service area's Federal funding source, several criteria will be examined. This criterion includes: current provider status, most immediate community need, service geography, and overall availability of funding sources. The implementation of the Lifestyle Service concept in the Treasure Valley presents an opportunity to reduce the region's reliance on Federal funds to support mobility initiatives. Regardless of a program's Federal funding source, each service area will strive to achieve equal from local funding sources. Local funding can come from a variety of resources, including local government, local businesses, in-kind contributions and state agencies. Presented below is the proposed funding allocation to address the first five years of the Lifestyle Service. Revenue 2017 2018 2019 2020 2021 5307 LU $156,475 $96,242 $98,648 $153,671 $216,200 5310 LU X $260,629 $248,620 $252,785 $264,706 5310SU $78,238 $128,315 $180,766 $235,763 $220,500 Federal Funding Total $234,710 $485,185 $528,034 $642,219 $701,655 Local Funding Total $58,678 $316,742 $499,435 $621,568 $701,675 *If needed 5307 SU funding can be used to support Lifestyle Services in the Small Urban Area The graphic below represents the flow of funds to support a Lifestyle Serivice for operations. 11 Federal Funds: 5310/5307 Local Funds: Local Government Local Businesses Community Organizations State Agencies (AAA) Valley Regional Transit receives full cost of operations Valley Regional Transit retains remainder of costs to support ongoing operations *Valley Regional Transit reimburses service provider for labor, fuel and associated service costs Challenges There are several potential barriers that may impact the success of the Lifestyle Service on a regional level. These barriers are detailed below, with solutions on how to address them moving forward. 1) Challenge -Rider demand Despite the demographic trends indicating an aging population that is likely to have a need for supportive transportation, there is the possibility that riders will not use public transit. Solution- A robust outreach strategy and careful analysis should be conducted prior to a Service's launch. These activities should provide enough details on the desirability and intended use of a Service. Prior to service launch and throughout the Service's operations, marketing efforts aimed towards generating ridership should be adopted, a marketing micro plan for each community will be developed to ensure effective participation. Consistent communication with riders and the community regarding new opportunities should also be considered. Coordinating "social trips" to grocery stores and key destinations are one alternative to help booster the programs visibility. VRT's Mobility Manager will facilitate these types of non-traditional activities. 2) Challenge- Provider participation Some communities may have difficulty establishing a community hub/service provider. Solution- Extensive outreach is encouraged to ensure all potential organizations have an opportunity to participate in the Service. In a worst case scenario, if there are no providers available within a community, VRT could potential assume the role on a short term basis. The option should only be made available after all other opportunities have been exhausted. For 12 communities without a plan or vision to establish a community hub/ service provider, careful consideration should be made before following through with service delivery. 3) Challenge- Funding Local funding always has the potential to limit service. Solution- Prior to a full adoption of a Lifestyle Service area, dedicated funding sources must be identified. Additionally, throughout the implementation of a Service, new funding sources should consistently be pursued. As provided in the Finances section, each new Service Provider is supported with 80% of program costs provided through Federal funds for the first year. However, after the first year this amount is reduced to 50%, requiring higher contributions from local sources. This reduced reliance on Federal funds is fundamental to the sustainability for a regional public transportation system, to ensure adequate coverage throughout the region. Implementation Criteria In order for a Service to be deemed eligible to begin opertations, the following criteria must be addressed. The Service Provider will be fully equipped with: • At least two fully trained drivers • A Provider Administratior fully trained on Portals software • A workstation to process ride requests • An accessible vehicle equipped with tablet • Copy of rider policies and procedures • Established accounting process to invoice and receive reimbursments • Marketing material • Formal proceess to refer day of service inquiries to Valley Regional Transit Valley Regional Transit will distrubute a Provider Handbook detailing the steps and operating procedures to implement the service. Rideline will be equipped with: • Service area zone installed in Software system • Optimization function specific to each Service area • Working relationship with Service Provider's Provider Administrator and drivers • Processes in place to sign up riders for service Customer base will be equipped with: • Knowledge of Service area boundaries • Knowledge of GoRide Passenger Policies • Step by step guide to access to online portal 13 • Contact information to reach service provider to schedule rides over the phone Once the Lifestyle Service is fully operational, on a monthly basis,Service Providers will receive a monthly reimbursment for service hours of drivers and provider administrators. These reimbursements will be based on a predetermined level of service provided per week, approximately 36-40 hours/ week and fuel ,and minor upkeep submitted through monthly invoices. Additional costs associated with operation service (utilities, phones etc.) may also be discussed and incorporated into monthly reimbursements. <END> 14 (e) regional r o TOPIC: Access to Independence: Meridian Lifestyle Service DATE: July 20, 2016 Summary: Valley Regional Transit will partner with a local community organization (Harvest Church) to pilot a Lifestyle Transportation service for Meridian residents. This new service is designed to address the daily transportation needs of seniors and persons with disabilities by providing a reliable, direct, and easy to - use service. The service will designate two service areas, dividing the Meridian community into a southern and northern service area (see Figure 1). Each service area will assign an accessible vehicle and driver(s) to provide transportation free of charge to any location within the service area boundaries. Service hours will run operate from 9am-3pm, Monday -Saturday and will be directly operated by the partnering community organization acting as a service provider. The service will partner with the Cherry Lane Library to allow riders to transfer between the two service areas if needed. Additionally, the service will connect riders to the fixed route system, providing access to Boise and Canyon County. However, the main focus of the service will be to provide connectivity and easy access within Meridian. The service is targeted to begin operations in October 2016. Financial support for the program's implementation and first year operations will be requested from the City of Meridian. Additional partners will be incorporated to support ongoing costs beyond the pilot year. Valley Regional Transit will provide FTA funds to match local contributions at an 80/20 rate for the first year, and a 50/50 rate for the following years. Provided below is the cost distribution for the first 3 year for the two service areas. If needed, additional service areas may be incorporated to support additional demand. 700 NE 2nd Street, Suite 100 0 Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 & 1.855.345.7433 2017 2018 2019 Total Fed Local Total Fed Local Total Fed Local Meridian N Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 Meridian S Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 700 NE 2nd Street, Suite 100 0 Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 & 1.855.345.7433 In order to ensure the program's success, VRT is requesting $60,000 from the City of Meridian to support a successful launch of the program. Provided below are the proposed expenditures. Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Imperative to the success of the program will be to ensure there is marketing and administrative support to guide the new service provider and educate Meridian residents on the new service. Marketing initiatives will include approximately $6,000 towards add space in local newspapers, $3,000 in collateral design, $2,500 in printing expenses, and the remainder to be put towards outreach initiatives and website development. These efforts will take place throughout the summer and fall of 2016. Valley Regional Transit Planner, Tod Morris, will present the Meridian Lifestyle Service to the Meridian City Council on July 26, 2016. For more information please contact Tod Morris at 208-258-2713, tmorris@vallevregionaltransit.org. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL ASSESSMENT AND SERVICE CONTRIBUTION 1', THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this day of N pVe—nAbelv' 20 0 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. D. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. E. There are two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual assessments for its regular and special members, with assessments for its regular members calculated pursuant to a population based formula, and assessments for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $207,243 for Member to contribute for its annual assessment and service contribution; Member has budgeted the same amount for its VRT annual assessment and service contribution. Page 1 of 5 G. Service contributions support the following modes: 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 3). Additional Meridian service (to be determined). VRT will bill the City of Meridian up to $60,000 annually after the service is determined and implemented pursuant to the terms of this Agreement. 4). The Community Link transportation network for Older Adults and Persons with Disabilities. Member will provide up to $30,000 annually as local match for this program. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1St day of October, 2015, and will terminate on the 30th day of September, 2016, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: a) For Member to pay annual assessment and a service contribution to VRT for Fiscal Year 2016 in the amount of $117,243 in contribution to the costs of VRT and in support of transportation services within the Boise Urbanized Area and the Nampa Urbanized Area. b) For Member to pay monthly invoiced costs in support of the Community Link network for Older Adults and Persons with Disabilities. Total payment by Member will not exceed $30,000 annually. c) For Member to pay for additional service within the City of Meridian. Upon implementation of any additional service, VRT will bill Member for the cost of service. Total cost of such additional service shall not exceed $60,000 annually. Page 2 of 5 d) For VRT to use said annual assessment for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, in using said assessment and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Section 4. Payment a) Member shall pay its annual assessment and service contribution up to the aforesaid amount of $117,243 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 b) For Community Link network trips, VRT will provide monthly invoices to member indicating the number of trips completed during the billing period and Member's portion of the cost of the trips. All trips will be purchased on a per ride basis. The current per ride amount is $15. In the event that there is a planned increase in the per ride amount, VRT shall notify member in writing of the amount of the increase. Documentation of the number of rides being purchased will be included with each invoice. VRT will pay 80% of the cost of the ride and member will pay 20% of the cost of the ride. Member will pay up to $30,000 annually in support of the Community Link network. c) For additional service provided within the City of Meridian, member and VRT will cooperatively develop plans for the additional service. The parties shall memorialize the details of the additional service and the exact amount to be paid by member through the execution of an addendum to this Agreement. Upon the execution of an addendum, VRT will provide an invoice for the additional service upon implementation of said service. Member will pay the agreed upon amount, up to $60,000 annually for additional service. d) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Section 5. Miscellaneous a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do Page 3 of 5 so by such party's governing body, and is fully vested with the authority to bind such party in all respects. b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or Page 4 of 5 indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: Kelli Fairless Executive Director City of Meridian: Page 5 of 5 Ci t y C o u n c i l M e e t i n g Ju l y 2 6 , 2 0 1 6 It e m # 8 C : G i b s o n A m i t y Vi c i n i t y M a p Co n c e p t P l a n Ex i s t i n g C o n d i t i o n s It e m # 8 D : P o p e ’ s G a r d e n Zo n i n g / A e r i a l M a p Ex i s t i n g Fu t u r e L a n d U s e M a p Pr o p o s e d Fu t u r e L a n d U s e M a p Pr e v i o u s P r e l i m i n a r y P l a t Pr o p o s e d P r e l i m i n a r y P l a t La n d s c a p e P l a n Op e n S p a c e E x h i b i t Fo u r - P l e x E l e v a t i o n Co l o r S c h e m e Ex a m p l e s It e m # 8 E : B a n c r o f t S q u a r e Vi c i n i t y / Z o n i n g M a p 3 5 0 2 3 4 7 2 3 4 4 8 3 4 2 6 34 0 4 3 5 8 6 3638 2 9 6 3 3 02 3 34 5 1 32 3 2 24 3 1 24 4 0 26 8 0 24 7 1 2 9 4 8 2 9 2 6 34 7 2 3 4 5 3 31 7 0 30 1 4 2915 3 5 4 6 2846 2867 2 8 3 8 3 5 1 6 29 1 5 3 5 3 2 27 9 9 3 5 4 7 3 5 7 5 3 5 5 0 3867 3684 3 8 2 0 2691 2 8 4 5 2 8 5 8 2 8 8 0 2684 2622 2579 28 9 9 3 5 9 4 3700 3788 2725 3674 2662 2721 3 4 7 4 3 4 5 8 26 2 3 2760 27 5 0 27 3 4 2 9 9 1 30 3 7 30 4 1 25 2 4 3 0 0 0 30 1 1 2 9 6 4 27 4 7 26 8 5 30 2 0 30 1 2 25 0 2 2 9 1 7 30 3 0 2 9 9 7 2 9 3 5 29 1 8 29 2 2 29 1 7 2 9 9 0 2 9 6 6 30 3 0 3 1 6 6 3 1 3 4 34 5 5 3 1 3 3 34 7 1 2 9 6 3 34 6 6 2 9 4 4 3 4 7 1 3673 3745 3799 2931 3 5 3 3 30 7 6 30 6 8 30 4 0 29 7 8 3619 29 3 7 2874 2830 3 5 6 8 2 8 9 8 3748 28 8 5 2567 3 7 7 2 2658 2618 2644 2695 2706 3 3 8 1 3 3 9 0 3 4 8 3 2786 27 27 4 2 27 3 5 27 0 1 27 1 6 27 4 6 30 4 9 26 3 0 27 2 5 3 0 0 7 3 0 2 5 2 9 1 0 3 0 1 0 2 9 1 5 2 9 3 7 3 1 0 2 30 9 2 28 7 2 2 9 8 9 3 0 0 4 2 9 4 2 3 1 1 4 30 7 5 30 2 6 29 6 0 30 6 0 3870 31 3 0 32 1 0 30 4 0 3792 28 2 5 3516 29 1 0 3 6 1 2 23 0 0 26 7 0 26 3 0 26 2 0 3 5 1 1 3 4 7 3 3 7 3 0 3 5 1 0 2 8 2 2 2897 2889 2667 2649 28 6 6 2560 2596 2607 2734 3 5 4 9 3 5 9 1 3626 3 614 3 3 5 7 3 4 4 0 272225 27 4 3 27 5 5 26 7 8 26 8 3 26 3 3 27 1 0 26 2 6 2 9 60 26 8 6 2 9 9 0 3 0 2 2 26 2 5 2 9 3 0 3 1 6 5 3 0 2 9 2 9 6 5 29 2 3 3 1 6 0 3 1 3 8 3 0 4 4 30 2 0 32 5 0 3885 25 2 0 25 9 0 28 2 0 32 0 1 35 7 5 2 6 6 0 26 5 0 34 6 1 34 5 0 3 5 0 5 3 4 8 9 3845 3850 26 4 0 31 3 2 3655 3763 3781 29 2 1 2902 28 4 8 28 2 7 3 5 8 6 3630 3720 3638 3768 3656 2640 2712 3 5 1 5 2680 3 5 6 7 3 5 7 9 2602 3 4 2 2 3 4 0 4 29 2 9 26 5 2 27 3 3 26 0 8 26 0 5 27 3 2 26 0 9 25 1 5 26 6 1 29 6 1 30 4 4 24 8 4 30 6 6 3 0 3 9 3 0 2 1 29 6 3 2 9 3 6 2 9 1 8 2 9 4 0 3 0 0 5 2 9 4 3 30 2 5 30 6 3 29 5 0 3 0 7 6 27 5 0 3 0 6 4 28 2 0 30 2 5 29 9 0 31 0 0 3 2 5 0 32 5 0 3 L- O L- O RU T RU T R1 R- 8 R- 4 RUT C- C R- 8 R-4 S E a g l e R d E V i c t o r y R d S H o o d R a n c h P l E M a c k a y D r S B a y S t a r W a y E E a s y J e t D r S N e p h r i t e W a y E S h e r g a r C t E M a c k a y D r E R a j a D r E G i r d n e r D r E H o r s e Cr e e k S t E Y e s t e r n i g h t S t E M o o n D i p p e r S t W a y S P i n e F l a t s A v e S G r o o m W a y S T e d d y A v e E L o o n C r e e k S t E Q u i n D r SProudWay S P i n e F l a t s W a y S F l a m e A v e S T i t a n i u m S L e g a l A v e S T eddy Ave Pr o p o s e d Pr e l i m i n a r y P l a t Pr o p o s e d La n d s c a p e P l a n It e m # 8 F : B i n a r y S u b d i v i s i o n Vi c i n i t y M a p Si t e P l a n Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Approval of the Amended Revenues and Expenditures for Fiscal Year 2016 in the Amount of $90,410,071 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Approval of the Tentative Proposed Revenues and Expenditures for Fiscal Year 2017 in the Amount of $119,946,412 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 R,.IDIAN,�E 0r)AHC Interoffice Memo 07/22/2016 To: Mayor & City Council From: CFO, Todd Lavoie Ref: FY2017 Tentative Budget and FY2016 Amended Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2017 $119,946,412 One Hundred Nineteen Million Nine Hundred Forty Six Thousand Four Hundred and Twelve Dollars 2. Council to approve the amended revenues and expenditures for Fiscal Year 2016 $90,410,071 Ninety Million Four Hundred Ten Thousand and Seventy -One Dollars Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8C PROJECT NUMBER: H-2016-0036 ITEM TITLE: Gibson Amity Property Public Hearing for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity RoadRequest: Annexation and Zoning of Approximately 5.864 Acres of Land with an I -L Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $D PROJECT NUMBER: H-2016-0006 ITEM TITLE: Pope's Garden FUNIC Hearing for ope s Garden - - y iron Mountain Real Estate Located at 2662 E Magic View DriveRequest: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 5.28 Acres of Land from Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval consisting of (Nineteen) 19 Building Lots, (Four) 4 Common Lots and (One) 1 Other Lot on 5.28 Acres of Land in the R-15 Zoning District A RAr'il IA -,f- ('nnriifinnril I Icr. Permit Arnrnrnynl fnr n Mi ilfi-Fnmily nL=yAlnnmAnf ('nncidinn 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 Pope’s Garden 5.28 Acres 34% Open Space (1.84 Acres) North Landscape Buffer More Than Double 19 Buildings - 76 Units 14.39 Units/Acre Project Changes Previous Site Plan ACHD Commission removed Hickory Way connection Allowed for more open space North landscape buffer doubled in size Project Changes New Site Plan ACHD Commission removed Hickory Way connection Allowed for more open space North landscape buffer doubled in size Open Space & Amenities Required Open Space - 10% Pope’s Garden Open Space - 34% Children’s Play Structure Fitness Center Hardscaped Plaza Sitting Area City of Meridian Comprehensive Plan Y City of Meridian Comprehensive Plan Employment Centers 2 mile radius Alternative Transportation Pope’s Garden is within 3⁄4 mile walking distance of Bus Route 42, and walking and biking distance to regional employers developed in the surrounding area. Being Good Neighbors 2nd story windows in Woodbridge face North onto Greenhill Estate lots. Bank parking along fence Pope’s Garden provides a 40’ to 50’ landscape area for next to Greenhill Estates, much larger than is required by the office L-O zone (20’). We are providing between 40’ and 130’ between the buildings and North property line. Additionally, the only windows facing to the north are small transom windows. Small North facing transom windows Being Good Neighbors Mountain West Bank Parking Buffering our Neighbors Existing trees along the North property line will help buffer the development from Greenhill Estates. We will add a 3’ high berm and a 6’ high solid fence and 40’ to 50’ of landscaping to increase the buffer. Buffering our Neighbors Picture taken from future 4-plex buildings, looking North to the neighbors. 9’ Solid Screening - 6’ fence on top of a 3’ berm 40’ to 50’ landscaped area Recently Approved On April 19, 2016, Meridian City Council approved the Final Plat for an R-40 4 story apartment project (96 Units) adjacent to an R-4 single family neighborhood Other Multifamily Projects & Single Family Residential Traffic Study & Data AM – 25 Trips PM – 29 Daily - 323 AM – 8 Trips PM – 10 Daily - 107 The Meridian Staff Report states: “The proposed MHDR land use would generate fewer trips per unit than typical development within the existing Office land use.” Traffic Study A traffic study was conducted by Thompson Engineers for this project, it estimated that 75% of traffic for Pope’s Garden will travel east to Eagle Road & I-84. Traffic on the Woodbridge Collector road will increase about 6.2%. Traffic Data – ITE (Institute of Transportation Engineers) Comparison between General Office, Medical Office and Multifamily use 74 Unit Apartment Complex – 430 Trips/Day 5 Acre General Office Complex – 496 Trips/Day (115% Increase) 5 Acre Medical/Dental Office Complex – 1626 Trips/Day (378% Increase) Traffic Data – ITE & ACHD Medical/Dental Offices are the most intense weekday traffic use per 1000 SQFT of building space. This is shown in the traffic calculation data and also in the amount ACHD charges for Impact Fees. Typical Office Development – Wyndstone Place Dental Office 8,500 SQFT Dental Office 5,600 SQFT General Office 15,350 SQFT Future Office 5,300 SQFT Office Under Construction 5,300 SQFT Future Office 3,200 SQFT Future Office 6,000 SQFT 4 Acre Office Complex Current Conditions 2 Dental Offices 14,100 SQFT Total 510 Daily Traffic Trips 1 General Office 1 Office under construction 20,650 SQFT Total 228 Daily Traffic Trips Future Conditions 3 Additional Offices 14,500 SQFT Total 160 Daily Traffic Trips 898 Daily Traffic Trips from a 4 acre mixed office development. More than Double a 74 Unit Apartment Development. Medical Office Clients 3 Mile Radius For Office projects on Magic View & Wells St, patients & clients coming from neighborhoods to the north, south and west will likely drive down Locust Grove and through Woodbridge. From Thousand Springs subdivision. Google directions from Chief Joseph Elementary area. From Meridian Greens subdivision Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $E PROJECT NUMBER: H-2016-0055 ITEM TITLE: Bancroft Square 2750 S Eagle Rd. Schultz Development Request: Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Thirty -Three (33) Building Lots and Five (5) Common Area Lots on 5. 41 Acres of Land in the Proposed R-8 Zoning District 3. Request: Modification to the Conditional Use Permit/Planned Development (CUP -02- 005) to Change the Approved Use from Office/Multi-Family to Single Family Residential 4. Request: For An Amendment to the Development Agreement (Sutherland Farm, Inst. (102143307) to Updated the Development Plan for this Site MEETING NOTES A "N _0 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 Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8F PROJECT NUMBER: H-2016-0078 ITEM TITLE: Binary Subdivision Public Hearing for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue 1. Request: Short Plat Approval of Two (2) Commercial Lots on Approximately 0.689 Acres in the C -G Zoning District MEETING NOTES ail 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: July 26, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Future Meeting Topics Discussion of Public Hearing on August 9, 2016 for PY2016 Community Development Block Grant (CDBG) Action Plan 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: July 26, 2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0009 ITEM TITLE: Fall Creek Meadows �( P -, (0 I An Ordinance (H-2016-0009 Fall Creek Meadows Subdivision) For Annexation and Rezone of a Parcel Located in the E 1/2 of the NW 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; This Parcel Contains 13.17 AcresMore or Less. 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 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 Exhibit A Legal Description & Exhibit Map for New Property to be Annexed Legal Uescription Joint School District No. 2 Stoddard Property Parcel 1 A parcel located In the E % of the NW Xt of Section 24, Township 3 North, Range 1 West, Eloise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap marking the northeast comer of the PAW l of said Section 24, from which a brass cap monument marking the southeast corner of said NW/ bears S 0"61'28" W a distance of 2634.99 feet; Thence S 0'51'26'W along the easterly boundary of said NW 1 a distance of 1317.51 feet to a 618 inch diameter iron pin marking the northeast corner of the SE % of the NW '/ of said Section 24; Thence N 8917'29" W along the northerly boundary of said SE % of the NW "l a distance. of 765.09 feet to a 518 inch diameter iron pin POINT OF BEGINNING; Thence leaving the northerly boundary S 45°51'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00"5128" W a distance of 793.26 feet to a 518 inch diameter iron pin; Thence S 17"11'32" W a distance or222.56 feetto a 518 inch diameter iron pin; Thence S 49°00'23" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8046'43" and a long chord bearing N 3501'27'" W a distance of 148.47 feet to a 518 inch diameter iron; Thence N 30°38'06" W a distance of 510.19 feet to a 518 inch diameter iron pin on westerly boundary of the E % of the NVU'/; Thence N 0004$'26" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a 518 Inch diameteriron pin which bears S 67"56'19 E a distance of 3.00 feet from said point, Thence leaving said vresterly boundary S 87'56'19" E a distance of 464.74 feet to a 518 inch diameter iron pin; Thence S 22°38'47" E a distance of 241.93 feet to a 518 inch diameter iron pin to the POINT OF BEGINNING. ;,L ILAn1a This parcel contains 13.17 acres and is subject to any easements ��� i T1 s �I existing or in use. 0 � 256 Vincent Btommer, PLS Lancs Solutions, PC u, July 25, 2014 �,� of �n1 Tia . J � Stoddard Property ParW 1 f „�,. i:anv:cwry4 aoa�a.s»sng Job No. 13.88 Fall Creek Meadows Subdivision H-2016-0044 1 X OVIERLAND 0. .13 1 5 87'S'"s't9" E 1464.74' i CURVE TABLE CURVE LENM RRDW DELTA MD BRO CHORD C1 148.62 970.00 8.48'43" N 35'01'Q" W 148.47 SCfJ.E 1"300' CITY OF MERIDIAN ANNEXATION PARCEL 1, ROS 9666 PORTION OF PROPOSED FALL GREEK 1AEA ROWS SUBIVASION EfGINEERING SOLUTIONS trMME 01/15/16 PRW. 1,10, 150810 SHEET 1 OF 1 LOCATED IN THE E 1/2 OF THE NW 1/4 4F 1029 N. ROSARLO $I- ST£. too SECTION 24., T -3N., RAW, B.M. MERIMN. WHO 53642 Pham {208) sir-0sm fax (208) g -0*11 1FL D6-PAX-C44L aAb MERIDIAN, ADA COUWY, IDAHO Fall Creek Meadows Subdivision H-2016-0044 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4M PROJECT NUMBER: ITEM TITLE: Impact Fee Advisory Committee M. Resolution No.: � u - IM : A Resolution of the Mayor and the City Council of the City of Meridian Re -appointing Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. "Butch" Weedon to Seat 7 of the Impact Fee Advisory Committee. MEETING NOTES NIL 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. /("gq BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING MATTHEW ADAMS TO SEAT 4, JOHN NESMITH TO SEAT 5, SPENCER MARTIN TO SEAT 6 AND SELDON S. "BUTCH" WEEDOM TO SEAT 7 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, on October 2, 2012 by Resolution no. 12-877, Mayor De Weerd designated Matthew Adams to fill Seat 4 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on January 13, 2015 by Resolution no. 15-1044, Mayor De Weerd designated John Nesmith to fill Seat 5of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on October 2, 2012 by Resolution no. 12-877, Mayor De Weerd designated Spencer Martin to fill Seat 6 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on June 3, 2014 by Resolution no. 14-997, Mayor De Weerd designated Seldon S. "Butch" Weedon to fill Seat 7 of the Impact Fee Advisory Committee, with a term to expire September 30, 2015; and WHEREAS, on September 15, 2015 Resolution #15-1088 was adopted and approved to re- appoint Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. "Butch" Weedon to Seat 7 of the Impact Fee Advisory Committee, however a clause was missing from said Resolution. WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to re -appoint Matthew Adams to Seat 4, John Nesmith to Seat 5, Spencer Martin to Seat 6 and Seldon S. "Butch" Weedon to Seat 7 of the Impact Fee Advisory Committee. RESOLUTION FOR RE -APPOINTMENT OF MATTHEW ADAMS, JOHN NESMITH, SPENCER MARTIN AND SELDON S. `BUTCH" WEEDON - MERIDIAN IMPACT FEE ADVISORY COMMITTEE — 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That John Nesmith is hereby appointed to Seat 5 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2018. Section 2. That Spencer Martin is hereby appointed to Seat 6 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2018. Section 3. That Seldon S. "Butch" Weedon is hereby appointed to Seat 7 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2018. Section 4. That Matthew Adams is hereby appointed to Seaf 4 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2018. Section 5. 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 9th day of August, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of August, 2016. APPROVED: Mayor T y de Weerd ATTEST: By: E (;TPI W a�ycee(U. Holman, City Clerk AIV, m L6AMO RESOLUTION FOR RE -APPOINTMENT OF MATTHEW ADAMS, JOHN NESMITH, SPENCER MARTIN AND SELDON S. "BUTCH" WEEDON - MERIDIAN IMPACT FEE ADVISORY COMMITTEE - 2 of 2 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4N PROJECT NUMBER: ITEM TITLE: Master Agreement with Ken McCall For Professional Services: Park Identities Public Art Roster MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER ("Agreement") is made this I/ day of A2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ken McCall, on behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). WHEREAS, the City desires to consult with artists to develop creative components that will strengthen the identities of City parks; WHEREAS, by and through the Meridian Parks & Recreation Department, Meridian Parks and Recreation Commission, and the Meridian Arts Commission, established a list of artists willing to work with the City to develop interpretations of park identities and create public art projects in local parks on an as -needed basis by issuing a request for qualifications ("RFQ") on March 4, 2016, attached hereto as Exhibit A; and WHEREAS, Artist responded to the RFQ, as attached hereto as Exhibit B, and was found to be qualified through experience and demonstrated ability to create artwork that addresses the context of its placement and reflects community values; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. ACCEPTANCE. City hereby accepts Artist for inclusion on the Park Identities Public Art Roster. The City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services enumerated in this Agreement and the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed by the parties. HI. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2019 unless sooner terminated by the method set forth herein. IV. COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this MASTER PROFESSIONAL SERVICES AGREEMENT — PARK IDENTITIES ROSTER PAGE I of 24 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 2 of 24 Agreement shall be separately negotiated and enumerated in the project task order. The amount designated in the project task order shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION , INTEGRITY , AND OWNERSHIP OF ARTWORK . A. Waiver and relinquishment of rights. Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. C. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 3 of 24 D. Ownership. Upon City’s final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may remove them from the original site and/or move them to another location, at City’s sole election and discretion. E. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise, including, but not limited to, such obligations as transport, fabrication, and installation. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification . Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist’s own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 4 of 24 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist’s own expense, insurance on same in an all-risk form with limits to be established by the project task order, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City’s Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist’s insurance agent shall notify City immediately. E. Insurance to be obtained by Artist’s subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers’ compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 5 of 24 prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City’s issuance of notice to proceed on a project task order, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City’s option, become City’s property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen (14) days’ notice to Artist. C. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Permitting and inspection. Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies, which may include, without limitation, Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; encroachment permit from Ada County Highway license B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 6 of 24 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist’s records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. G. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. I. Cumulative Rights and Remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: McCall Studios LLC City Clerk Ken McCall City of Meridian 483 N. Quarry View Place 33 E. Broadway Ave. Boise ID 83712 Meridian ID 83642 Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. 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. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Ken McCall McCall Studios LLC CITY OF MERIDIAN: o�QoRp,TED AUG& , (•11y or Tammy &C/ rd, Mayor YJC 1U City � IDAHO SEAL MASTER PROFESSIONAL SERVICES AGREEMN'Z,QARKVnTIES ROSTER PAGE 7 of 24 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 8 of 24 Request for Qualifications : Park Identities Public Art Roster OVERVIEW: The Meridian Parks & Recreation Department (MPRD), in partnership with the Meridian Parks and Recreation Commission (MPRC) and the Meridian Arts Commission (MAC), seeks to establish a list of artists who would work with the City to develop interpretations of park identities and create public art projects in local parks. Currently, the focus is on integrating artistic components in Champion Park, Renaissance Park, and Heroes Park - three existing neighborhood/community parks in Meridian, ID. Examples of public art components may include murals, benches, sculptures, functional bike racks, story walks, etc. MPRD would also like to be able to consult with artists to develop creative components that would strengthen the identities of future parks. MAC requests eligible artists and organizations to submit qualifications for the Park Identities Public Art Roster. The Park Identities Public Art Roster – a list of pre-qualified, professional artists and organizations – will be a tool used by MPRD and local commissions to select artists to collaborate with. Successful applicants may remain on the Park Identities Public Art Roster for three years. Artists and organizations selected form the roster will be asked to enter into Professional Service Agreements with the City setting forth specific conditions, compensation, and scope of work. Selection to the roster is not a guarantee of work. ELIGIBILITY: This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Organizations or teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley artists and organizations are encouraged to apply. Incomplete or late submissions will be deemed ineligible and will not be considered. Successful applicants and invitees may reapply at the end of their term to be considered for future art rosters. APPLICATION REQUIREMENTS: Artists or organizations wishing to be considered for the Park Identities Public Art Roster must provide the following materials and information to MAC in order to be considered for selection. • 250 - 500 word informational page about the artist or organization; • Up to fifteen (15) images of representational work and information about each piece (title, date, medium, budget, commissioning agency, short statement about the project, project timeline, etc.); • References, including at least three professional references and pertinent contact information; and • Professional resume, not to exceed two pages. Proposal materials must be received in PDF format via email. Applications shall be 20 pages maximum, in 12 point standard font, and must be no larger than 2MB total. Limited assistance producing digital images may be available upon request. Materials submitted will become public records and not be returned. DEADLINE: All applications must be received via email at mac@meridiancity.org by Friday, May 6, 2016 4:00 p.m. (MST) SELECTION PROCESS: The selection of successful applicants will be made by members of local commissions and City staff. MAC will notify successful applicants by e-mail, unless otherwise directed. In evaluating eligible applications, the following factors will be considered: • Adherence to the RFQ; (20 points) • Quality of work; (30 points) • Experience, may include feedback from professional references; (20 points) • Artist’s ability to create artwork that addresses the context of its placement; (20 points) and • Consistency with City policy and community values; (10 points) CONTACT MAC: Hillary Bodnar, Arts & Culture Specialist, City of Meridian | 208-489-0422 | mac@meridiancity.org THANK YOU FOR YOUR INTEREST! EXHIBIT A MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 9 of 24 EXHIBIT B ARTIST ’S RESPONSE TO RFQ . The announcement of the Park Identities Public Art Roster gained my interest immediately as I have lived in the Treasure Valley for over 24 years, and am enthusiastic over the increasing amount of public art being placed throughout our community. Artists on the roster will have the opportunity to not only help bring individual works of art to life but also create an enduring collection that will unify neighborhoods and community parks. The skills needed for this position; creative design, meticulous craftsmanship, solid outdoor fabrication, practical experience with permanent materials, and teamwork with design professionals; are skills that I have been employing on many individual installations internationally. My own personal expression of art is contemporary metal sculpture. These works are often inspired by natures clean flowing lines and natural forms. The materials I work in most often are aluminum and stainless steel which is extremely versatile for lasting outdoor installations. My 20 years of professional fabrication have given me the experience to work within a designated budget efficiently with the materials best suited for the setting. I am very quality-oriented, take pride in my workmanship and am confident in executing various projects on time and in budget. My fabrication skills, honed for many years in the aerospace industry, have allowed me to collaborate with a number of Boise’s artists in creating multiple public art installations for our city. I am often the top pick of architects, artists, designers and engineers to bring metal visions to life. I have been the “go to” metal smith for Mark Baltes, Anna Webb, Reham Aarti, Stephanie Inman, Leslie Dixon, Susan Madacsi, Trademark, and Forge Signworks as well as for the City of Boise to help maintain existing artwork. Collaborating with artists has allowed me to lend my expertise in design approach, materials, and fabrication methods to projects in order to make sound permanent outdoor installations. These projects often require working with architects, contractors, engineers, neighborhood associations and city planners in a team effort. The resulting art is a combination of artistic vision, solid craftsmanship, and careful integration of the piece in the natural setting. These collaborations have also given me the experience of designing with artists who use mediums different than my own, opening up the possibilities for presenting different kinds of public art. I believe that my own artistic vision, years of professional fabrication and my local collaborative working experience combine to make me a unique candidate. I can easily flow from working with the team professionals in creating a unified artistic direction to creating enduring artistic components. This is an exciting opportunity to bring the best possible art out of our community into Meridian’s parks. Thank you for your consideration, Ken McCall 208-850-7579 “Arlo Agoseris” by Ken McCall and Mark Baltes 2014 15’ x 16’ aluminum, stainless steel and steel $9,500 Private commission for Liquidity Wines, B.C. Canada “Aeternum Folia” by Ken McCall and Leslie Dixon 20162 20’ x 7’ powder coated and painted plasma cut steel $10,000 Public art for the City of Greeley, CO “Leaf Spiral II” by Ken McCall Projected install date August of 2016 7’ x 2’ aluminum $5,000 Public art for the City of Boise, ID “Transference” by Ken McCall and Leslie Dixon Projected install date August of 2016 15’ x 16’ plasma cut steel and Plexiglas panels $22,000 Public art for Boise State University “Family Tree” by Ken McCall Projected install date August 2016 7’ x 2’ stainless steel $5,000 Public art for the City of Boise, ID “Untitled” by Ken McCall 2008 8’ x 3’ aluminum and steel $10,000 Independent work in studio Donated to auction at Roosevelt Elementary School to raise money for their art program “Tree Branch Bench” by Ken McCall 2012 7’ x 3’ recycled plastic and steel $1,500 Public art for the City of Lewiston, ID “Leaf Spiral” by Ken McCall 1998 7’ x 2’ steel and stainless steel $10,000 Independent work in studio Current temporary public art in Ketchum, ID Moving to Redmond, OR for Art Around the Clock art on loan program “Gilded River” by Ken McCall, Leslie Dixon and Mark Baltes Projected install date of September 2016 22’ x 50’ stainless steel, aluminum and gold leaf $130,000 Public art for the City of Bend, OR “Scarab” by Ken McCall 2010 8’ x 10’ aluminum and steel Independent work in studio “Fire Station 8” by Ken McCall, Mark Baltes and Leslie Dixon Projected install date spring of 2017 10’ x 15’ concrete and stainless steel $45,000 Public art for the City of Boise, ID References Mark Baltes mark@landmark-impressions.com (208) 794-0369 220 E. 37th St. Boise, Idaho 83714 Courtney Brockett Design Service Coordinator Beautiful Downtown Lewiston art@beautifuldowntownlewiston.org 603-504-5614 PO Box 617 Lewiston, Idaho 83501 Leslie Dixon whorledtraveler@yahoo.com (208) 830-0082 4753 E. Pegasus Ct. Bosie, ID 83713 Stephanie Inman sinman@stephanieinman.com (208) 381-0230 4606 Torridon Way Boise, Idaho 83702 Josh Olson Boise Arts and History joloson@cityofboise.org (208) 433-5764 PO Box 500 Boise, ID 83701 Kim Snyder Public Art Coordinator City of Greeley Kim.snyder@greeleygov.org (970) 350-9450 701 10th Ave. Greeley, CO 80631 Anna Webb The Idaho Statesman awebb@idahostatesman.com (208) 377-6200 PO Box 40 Boise, Idaho 83707 McCall Studios Metal Sculpture and Custom Fabrication 483 N. Quarry View Pl. Boise, Idaho 83712 208-850-7579 kmccall335@gmail.com 1993-1997 Attended Boise State University (Art program) – majoring in sculpture, design and fine art 1997-1998 Freelance fabrication, carpentry and construction 1998-1999 Welder and fabricator of custom metal work for Versarail. Responsibilities included design, fabrication and installation. 1999-2014 Welder and fabricator of custom metal work for Jack’s Metal Works. Responsibilities included design, cost breakdown, fabrication and installation 2000-present McCall Studios – custom design and fabrication, metal sculpture Projects of Note 1996 Worked with nationally renowned artist/sculptor Arthur Higgins at Oak Run Studios in Moiser, Oregon. Assisted with many large-scale public arts commissions for numerous communities. 2000-2006 Fabricated Laiak, and Welcome to Boise entrance signs for Ward Hooper and Penny Postcard: A Hometown Greeting for Mark Baltes in Boise, Idaho 2008 Designed and fabricated Untitled, which was donated to Roosevelt Elementary in Boise, Idaho for their annual auction to raise money for the school’s art program 2010 Won the Juror’s Choice Award in the Ninth Annual Art Source Juried Show for Scarab sculpture in Boise, Idaho 2012 Designed and fabricated sculptural sign stands for Morrison Knudson Nature Center in Boise, Idaho 2012 Fabricated large ornamental origami bat box, by Mark Baltes, in Boise, Idaho – a publicly funded artwork for the Hyatt Wetlands Park 2012 Designed, fabricated and installed bench for Downtown Lewiston’s Streetscape Project – Project Total: $1,500 2013 Collaborated with Anna Webb and Mark Baltes to design and fabricate bench which was donated to the Foothills Learning Center in Boise, Idaho 2013 Fabricated and installed Party Animals, by Reham Aarti, at Zoo Boise in Boise, Idaho 2013 Finalist, with partner Reham Aarti, for Whitewater Park Boulevard Roundabout Public Art in Boise, Idaho 2014 Fabricated and installed Train Depot signage, by Mark Baltes, in Boise, Idaho 2014 Designed and fabricated, Arlo Agoseris, a kinetic wind sculpture for Liquidity Wines with partner Mark Baltes in B.C., Canada – Project Total: $9,500 2014 Fabricated and assisted with research and design of Wind Dance, a kinetic wind sculpture, for the Bloch Cancer Survivor Plaza in Julia Davis Park, by Mark Baltes, in Boise, Idaho 2015 Leaf Spiral sculpture selected for temporary public art in Ketchum, Idaho 2015 Designed, fabricated and installed Free Little Library with partner Ruth Fritz in Boise, Idaho – Project Total: $3,000: and Free Little Library with partner Veiko Valencia in Boise, Idaho – Project Total: $3,000 2015-2016 Designed and currently fabricating, with partner Leslie Dixon, BSU Geothermal Public Art Project in Boise, Idaho – Project Total: $22,000 2015-2016 Current Artist on Contract for Public Works at the Boise Watershed in Boise, Idaho – Project Total: $400,000 (total for all 7 artists on contract) 2015-2016 Designed and currently fabricating, with partners Leslie Dixon and Mark Baltes, artwork for two fire stations in Boise, Idaho – Project Total: $45,000 each 2015-2016 Designed and currently fabricating sculptures for Central Rim neighborhoodin Boise, Idaho – Project Total: $10,000 2015-2016 Designed and currently fabricating Gilded River sculpture for Bend, OR with partners Mark Baltes and Leslie Dixon – Project Total: $130,000 2016 Designed, fabricated and installed sculpture for Uptown Tree Project sculpture with partner Leslie Dixon in Greeley, CO – Project Total: $10,000 2016 Currently in top ten for possible future sculpture projects for the Stanley Hotel in Estes Park, CO – Project Total: unknown 2016 Currently designing entryway sculpture and light fixtures for the Inn at 500 hotel with partners Leslie Dixon and Mark Baltes in Boise, ID – Project Total: $80,000 2016 Leaf Spiral sculpture selected for Art Around the Clock temporary public art program in Redmond, OR Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Master Agreement with Stephanie Inman For Professional Services: Park Identities Public Art Roster MEETING NOTES �✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER This MASTER AGREEMENT FOR PROFESSIONAL SERVIC S: PARK IDENTITIES PUBLIC ART ROSTER ("Agreement") is made this day of 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Stephanie Inman, an individual person ("Artist"). WHEREAS, the City desires to consult with artists to develop creative components that will strengthen the identities of City parks; WHEREAS, by and through the Meridian Parks & Recreation Department, Meridian Parks and Recreation Commission, and the Meridian Arts Commission, established a list of artists willing to work with the City to develop interpretations of park identities and create public art projects in local parks on an as -needed basis by issuing a request for qualifications ("RFQ") on March 4, 2016, attached hereto as Exhibit A; and WHEREAS, Artist responded to the RFQ, as attached hereto as Exhibit B, and was found to be qualified through experience and demonstrated ability to create artwork that addresses the context of its placement and reflects community values; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. ACCEPTANCE. City hereby accepts Artist for inclusion on the Park Identities Public Art Roster. The City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services enumerated in this Agreement and the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed by the parties. III.TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2019 unless sooner terminated by the method set forth herein. IV. COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this Agreement shall be separately negotiated and enumerated in the project task order. The MASTER PROFESSIONAL SERVICES AGREEMENT—PARK IDENTITIES ROSTER PAGE I of 24 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 2 of 24 amount designated in the project task order shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION , INTEGRITY , AND OWNERSHIP OF ARTWORK . A. Waiver and relinquishment of rights. Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Ownership. Upon City’s final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may remove them from the original site and/or move them to another location, at City’s sole election and discretion. C. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise, including, but not limited to, such obligations as transport, fabrication, and installation. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 3 of 24 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification . Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist’s own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist’s own expense, insurance on same in an all-risk form with limits to be established by the project task order, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City’s Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist’s insurance agent shall notify City immediately. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 4 of 24 E. Insurance to be obtained by Artist’s subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers’ compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City’s issuance of notice to proceed on a project task order, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City’s option, become City’s property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 5 of 24 of liability to City for damages sustained by City by virtue of any breach or default of this Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen (14) days’ notice to Artist. C. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Permitting and inspection. Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies, which may include, without limitation, Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; encroachment permit from Ada County Highway license B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 6 of 24 E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist’s records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. G. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. I. Cumulative Rights and Remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Stephanie Inman City Clerk 4606 N. Torridon Way City of Meridian Boise ID 83702 33 E. Broadway Ave. Meridian ID 83642 Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. 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. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: �� W�� Stephanie Inman CITY OF MERIDIAN: City of Tammyd erd, Mayor E IDIAT rxSEAL .Art -t A,( -A-- City C •k MASTER PROFESSIONAL. S1 imci�s AGREEiMEN'r— PARK IDFN'I'rl'if s ROs'miR PAGE 7 of 24 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 8 of 24 Request for Qualifications : Park Identities Public Art Roster OVERVIEW: The Meridian Parks & Recreation Department (MPRD), in partnership with the Meridian Parks and Recreation Commission (MPRC) and the Meridian Arts Commission (MAC), seeks to establish a list of artists who would work with the City to develop interpretations of park identities and create public art projects in local parks. Currently, the focus is on integrating artistic components in Champion Park, Renaissance Park, and Heroes Park - three existing neighborhood/community parks in Meridian, ID. Examples of public art components may include murals, benches, sculptures, functional bike racks, story walks, etc. MPRD would also like to be able to consult with artists to develop creative components that would strengthen the identities of future parks. MAC requests eligible artists and organizations to submit qualifications for the Park Identities Public Art Roster. The Park Identities Public Art Roster – a list of pre-qualified, professional artists and organizations – will be a tool used by MPRD and local commissions to select artists to collaborate with. Successful applicants may remain on the Park Identities Public Art Roster for three years. Artists and organizations selected form the roster will be asked to enter into Professional Service Agreements with the City setting forth specific conditions, compensation, and scope of work. Selection to the roster is not a guarantee of work. ELIGIBILITY: This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Organizations or teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley artists and organizations are encouraged to apply. Incomplete or late submissions will be deemed ineligible and will not be considered. Successful applicants and invitees may reapply at the end of their term to be considered for future art rosters. APPLICATION REQUIREMENTS: Artists or organizations wishing to be considered for the Park Identities Public Art Roster must provide the following materials and information to MAC in order to be considered for selection. • 250 - 500 word informational page about the artist or organization; • Up to fifteen (15) images of representational work and information about each piece (title, date, medium, budget, commissioning agency, short statement about the project, project timeline, etc.); • References, including at least three professional references and pertinent contact information; and • Professional resume, not to exceed two pages. Proposal materials must be received in PDF format via email. Applications shall be 20 pages maximum, in 12 point standard font, and must be no larger than 2MB total. Limited assistance producing digital images may be available upon request. Materials submitted will become public records and not be returned. DEADLINE: All applications must be received via email at mac@meridiancity.org by Friday, May 6, 2016 4:00 p.m. (MST) SELECTION PROCESS: The selection of successful applicants will be made by members of local commissions and City staff. MAC will notify successful applicants by e-mail, unless otherwise directed. In evaluating eligible applications, the following factors will be considered: • Adherence to the RFQ; (20 points) • Quality of work; (30 points) • Experience, may include feedback from professional references; (20 points) • Artist’s ability to create artwork that addresses the context of its placement; (20 points) and • Consistency with City policy and community values; (10 points) CONTACT MAC: Hillary Bodnar, Arts & Culture Specialist, City of Meridian | 208-489-0422 | mac@meridiancity.org THANK YOU FOR YOUR INTEREST! EXHIBIT A MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 9 of 24 EXHIBIT B ARTIST ’S RESPONSE TO RFQ Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4P PROJECT NUMBER: ITEM TITLE: Master Agreement with Trademark Sign Company, Inc. For Professional Services: Park Identities Public Art Roster MEETING NOTES C✓i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER ("Agreement") is made this day of AqW2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and John P. Yarnell, on behalf of Trademark Sign Company, Inc., a general business corporation organized under the laws of the state of Idaho ("Artist"). WHEREAS, the City desires to consult with artists to develop creative components that will strengthen the identities of City parks; WHEREAS, by and through the Meridian Parks & Recreation Department, Meridian Parks and Recreation Commission, and the Meridian Arts Commission, established a list of artists willing to work with the City to develop interpretations of park identities and create public art projects in local parks on an as -needed basis by issuing a request for qualifications ("RFQ") on March 4, 2016, attached hereto as Exhibit A; and WHEREAS, Artist responded to the RFQ, as attached hereto as Exhibit B, and was found to be qualified through experience and demonstrated ability to create artwork that addresses the context of its placement and reflects community values; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. ACCEPTANCE. City hereby accepts Artist for inclusion on the Park Identities Public Art Roster. The City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services enumerated in this Agreement and the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed by the parties. HLTERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2019 unless sooner terminated by the method set forth herein. IV. COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this MASTER PROFESSIONAL SERVICES AGREEMENT—PARK IDENTITIES ROSTER PAGE 1 of 28 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 2 of 28 Agreement shall be separately negotiated and enumerated in the project task order. The amount designated in the project task order shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION , INTEGRITY , AND OWNERSHIP OF ARTWORK . A. Waiver and relinquishment of rights. Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Ownership. Upon City’s final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may remove them from the original site and/or move them to another location, at City’s sole election and discretion. C. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise, including, but not limited to, such obligations as transport, fabrication, and installation. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 3 of 28 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification . Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist’s own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist’s own expense, insurance on same in an all-risk form with limits to be established by the project task order, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City’s Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist’s insurance agent shall notify City immediately. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 4 of 28 E. Insurance to be obtained by Artist’s subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers’ compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City’s issuance of notice to proceed on a project task order, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City’s option, become City’s property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 5 of 28 of liability to City for damages sustained by City by virtue of any breach or default of this Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen (14) days’ notice to Artist. C. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Permitting and inspection. Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies, which may include, without limitation, Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; encroachment permit from Ada County Highway license B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination . Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 6 of 28 E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist’s records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. G. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. I. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Trademark Sign Company, Inc. City Clerk John P. Yarnell City of Meridian 915 W. Royal Blvd. 33 E. Broadway Ave. Boise ID 83706 Meridian ID 83642 Either party may change her/its address for the purpose of this provision by giving written notice of such change In the manner herein provided. N. 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. 0. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: MASTER PROFESSIONAL SERVICES AGREEMENT — PARK IDENTIFIES ROSTER PAGE 7 of 28 MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 8 of 28 Request for Qualifications : Park Identities Public Art Roster OVERVIEW: The Meridian Parks & Recreation Department (MPRD), in partnership with the Meridian Parks and Recreation Commission (MPRC) and the Meridian Arts Commission (MAC), seeks to establish a list of artists who would work with the City to develop interpretations of park identities and create public art projects in local parks. Currently, the focus is on integrating artistic components in Champion Park, Renaissance Park, and Heroes Park - three existing neighborhood/community parks in Meridian, ID. Examples of public art components may include murals, benches, sculptures, functional bike racks, story walks, etc. MPRD would also like to be able to consult with artists to develop creative components that would strengthen the identities of future parks. MAC requests eligible artists and organizations to submit qualifications for the Park Identities Public Art Roster. The Park Identities Public Art Roster – a list of pre-qualified, professional artists and organizations – will be a tool used by MPRD and local commissions to select artists to collaborate with. Successful applicants may remain on the Park Identities Public Art Roster for three years. Artists and organizations selected form the roster will be asked to enter into Professional Service Agreements with the City setting forth specific conditions, compensation, and scope of work. Selection to the roster is not a guarantee of work. ELIGIBILITY: This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Organizations or teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley artists and organizations are encouraged to apply. Incomplete or late submissions will be deemed ineligible and will not be considered. Successful applicants and invitees may reapply at the end of their term to be considered for future art rosters. APPLICATION REQUIREMENTS: Artists or organizations wishing to be considered for the Park Identities Public Art Roster must provide the following materials and information to MAC in order to be considered for selection. • 250 - 500 word informational page about the artist or organization; • Up to fifteen (15) images of representational work and information about each piece (title, date, medium, budget, commissioning agency, short statement about the project, project timeline, etc.); • References, including at least three professional references and pertinent contact information; and • Professional resume, not to exceed two pages. Proposal materials must be received in PDF format via email. Applications shall be 20 pages maximum, in 12 point standard font, and must be no larger than 2MB total. Limited assistance producing digital images may be available upon request. Materials submitted will become public records and not be returned. DEADLINE: All applications must be received via email at mac@meridiancity.org by Friday, May 6, 2016 4:00 p.m. (MST) SELECTION PROCESS: The selection of successful applicants will be made by members of local commissions and City staff. MAC will notify successful applicants by e-mail, unless otherwise directed. In evaluating eligible applications, the following factors will be considered: • Adherence to the RFQ; (20 points) • Quality of work; (30 points) • Experience, may include feedback from professional references; (20 points) • Artist’s ability to create artwork that addresses the context of its placement; (20 points) and • Consistency with City policy and community values; (10 points) CONTACT MAC: Hillary Bodnar, Arts & Culture Specialist, City of Meridian | 208-489-0422 | mac@meridiancity.org THANK YOU FOR YOUR INTEREST! EXHIBIT A MASTER PROFESSIONAL SERVICES AGREEMENT – PARK IDENTITIES ROSTER PAGE 9 of 28 EXHIBIT B ARTIST ’S RESPONSE TO RFQ Info Page Dear Selection Panel, Trademark is a full service design and fabrication team located in Boise, Idaho. We specialize in experiential design, wayfinding, public art installation, logo development, and brand implementation. Trademark stands apart from other design studios with our ability to bring the client's vision and our designs into the physical realm, all under one roof. As a full functioning, mixed-media studio, we are with our clients every step of the way, from inception to completion. Our goal at Trademark is to create a lasting experience for our customer and their audience. Our studio is outfitted with state of the art equipment including a CNC router, laser cutter, 3d printer, multi-surface low relief printer, wide format printer, plotter, and laminator complete with a full service wood shop. We are registered with the State of Idaho Contractors Board (RCE-30137), licensed with the State of Idaho Public Works Contractors (#025232-D-4), and insured with general liability and workers compensation. Each of our production and design employees average over 13 years of experience and are committed to the discipline of aesthetics and craftsmanship. At Trademark, we are continually inspired by public art opportunities where creativity, human interaction, and conceptual process are the driving force behind each project. We recognize that site specific artwork requires careful and thoughtful understanding of the space of the site and its surrounding areas. Given the opportunity to work alongside the City of Meridian, we aim to create memorable experiences by producing interactive public art projects for our local parks. As branding specialists we will offer our knowledge in identity development and brand implementation to help instill a strong sense of identity for our future parks. Producing unique, monumental works of art the entire community can enjoy is what fuels us here at Trademark. Thank you for the opportunity to be considered as an artist on the Park Identities Public Art Roster. Sincerely, John Yarnell Trademark Design and Fabrication 1 Julius Kleiner Memorial Park 2 Nampa Public Library 3 Treefort Music Festival 4 YMCA Horsethief Camp 5 Rhodes Skate Park 6 West End Trail Monuments 7Meridian City History Walk 8 Traffic Box Art Project 7Lusk District Bike Rack 9 Lusk Neighborhood Bike Rack 10 Main Street Meridian Island Signage Title: Julius Kleiner Memorial Park Medium: Aluminum, steel, exterior paint, exterior vinyl, acrylic, porcelain enamel. Commissioning Agency: City of Meridian Type of work: Signage, wayfinding, illustrations, exterior design elements. Julius Kleiner Memorial Park project included conceptualizing a unique wayfinding system while incorporating cohesive exterior art elements throughout the park, such as benches, motifs, maps and other custom structures. Project Specifications Year:2012 Additional Information: Title: Nampa Public Library Medium: Acrylic, europly, pvc, vinyl, paint, aluminum. Commissioning Agency: City of Nampa Type of work: Wayfinding, signage, donor monuments, artist collaboration. Custom artistic and internally designed wayfinding system, donor wall and large scale art pieces, with an emphasis on the library’s visual narrative. 2 Year:2015 Additional Information: Budget: $110,000 Budget: $60,000 1 Title: Treefort Music Festival Medium: Acrylic, pvc, plywood, steel, and reclaimed materials. Commissioning Agency: City of Boise Type of work: Signage, wayfinding, banners, entryways, experiential design. We have worked with Treefort Music Festival for the last five years to create custom signature branding elements, including multiple entryways, banners, wayfinding, and specialty items that can be reincorporated for years to come. 3 Project Specifications Year: 2016 Additional Information: Title: YMCA Horsethief Camp Medium: Acrylic, vinyl, pvc, steelwork, porcelain enamel. Commissioning Agency: Treasure Valley Family YMCA Type of work: Wayfinding, custom illustrations, donor monuments and signage. YMCA Horsethief Camp project included interior and exterior signage, a wayfinding system, donor monuments, and custom illustrations for an expansive YMCA campus located on over 400 acres of Idaho wilderness. 4 Year:2013 Additional Information: Budget: $25,000 Budget: $115,000 Title: Rhodes Skate Park Medium: Steel, concrete, wood, basalt rock, and color shifting LED lights. Commissioning Agency: City of Boise Type of work: Public art, sculptural letters, donor wall, and benches. Through artist collaboration and the theme of the integration of nature and urban landscape we will design and fabricate public art pieces for the renovation of Rhodes Skate Park, including large scale sculptural letters, custom benches, art fence, and a donor acknowledgment wall. 5 Year:2016 Additional Information: Budget: $60,000 Project Specifications Title: West End Trail Monuments Medium: Powder coated steelwork, exterior-grade vinyl, acrylic. Commissioning Agency: West End Neighborhood Association Type of work: Trail Markers detailing history of the West End Trail. The West End Trail Monument was a project where we worked in conjunction with the West End Neighborhood Association and Neighborhood All-Stars to design and a custom structure for panels detailing the history of the neighborhood. fabricate preexisting 6 Year:2013 Additional Information: Budget: $9,000 Project Specifications Title: Meridian City History Walk Medium: Aluminum, exterior grade paint, steel posts, Fossil panels. Commissioning Agency: City of Meridian Type of work: Post and panel signage. 7 Year: 2015 Additional Information: Budget: $18,000 Working alongside the City of Meridian, we designed and fabricated custom informational signage for the Meridian Historic Walking Tour. Title: Traffic Boxes-City of Boise Medium: Exterior-grade vinyl, laser engraved artist plaques. Commissioning Agency: City of Boise Type of work: Vinyl graphics applied to traffic boxes. Coordinated with local artists to get their artwork digitized, templatized, formatted. Application of exterior-grade vinyl to multiple traffic boxes throughout the months of June-August. 8 Year:2013- current Additional Information: Budget: $41,000 Project Specifications Title: Lusk Neighborhood Bike Rack Medium: Aluminum, exterior grade paint, powdercoated steel. Commissioning Agency: The Lusk Neighborhood Association 9 Year: 2016 Additional Information: Budget: $4,000 Working alongside the Lusk Neighborhood Association we designed and fabricated a custom bike rack for the Lusk District Neighborhood featuring illustration Type of work: Custom neighborhood bike rack. Title: Main Street Meridian Island Signage Medium: Aluminum, exterior grade paint, vinyl, powder coated steel. Commissioning Agency: Meridian Development Corporation 10 Year: 2016 Additional Information: Budget: $21,500 Engineered and fabricated custom signage for the Main Street Islands to showcase the historical significance of the downtown Meridian area. Type of work: Historical Signage References Nampa Public Library Description Dates: Client Contact Dollar Value: : Trademark provided design, fabrication, and installation services for the newly built Nampa Public Library in Nampa, Idaho. Items provided included: large- scale community donor monuments, complete wayfinding system, vinyl graphics installation throughout library, and collaboration with several local artists to fabricate and install their work within the library. 2014-2015 : Claire Connely, connelyc@nampalibrary.org, 208.468.5800 $60,000 Reference 1 Reference 2 Julius Kleiner Memorial Park Description Dates: Client Contact Dollar Value: : Trademark provided a massive suite of design, fabrication, and installation services for the Julius M. Kleiner Memorial Park in Meridian, Idaho. A complete visual identity for the park was developed, and then applied throughout all park signage (including the main entryway, park maps, vehicle direction signs, and park wayfinding) and park furniture (including park benches, waste collection bins, and other decorative elements). 2009-2011 : Steve Siddoway (City of Meridian), (208) -888- 3579 $110,000 Reference 3 Treasure Valley YMCA Description Dates: Client Contact Dollar Value:$115,000 : Trademark provided design, layout, and installation of a wide array of signage and custom elements at several YMCA locations (West YMCA, Y-Camp at Horsetheif Reservoir). Items provided included: large-scale wayfinding system, 2 large donor recognition monuments, free-standing monument signs, commemorative plaques, facade signs, window graphics, and more. 2009-present : Katherine Johnson, Katherine.Johnson@ymcatvidaho.org References Reference 4 Meridian City History Walk Description Date: Client Contact Dollar Value: : Trademark provided design, fabrication, and installation services for the Meridian Historic Walking Tour. Items provided included: Custom informational kiosk, engineered brochure holder, Fossil panels, and large scale graphics. 2015 : Jacy Jones (City of Meridian), jjones@merdiancity.org, 208.884.4433 ex 1393 $18,000 Resume John Yarnell Jason Keeble Rainey Spencer Jesse Austin Founder, Co-Owner, Trademark Sign Company 2009-Present Sixteen years working as a designer and graphic artist Veteran of the US Navy John is a principal designer at Trademark. He designed the award-winning graphics currently used by the Boise Police Department and is an expert at project management. He is meticulous in his workmanship and oversees the execution of numerous major projects every month. Founder, Co-Owner, Trademark Sign Company 2009-Present Eighteen years working as a designer and graphic artist Veteran of the US Air Force Jason is a principal designer at Trademark and is highly skilled in multiple mediums including painting, design, and material carving. His 19 years of experience and deep skill set allow Jason to adapt a visual identity to even the most irregular and difficult objects. Senior Designer and Project Manager, Trademark Sign Company 2009-Present BA, Graphic Design, Boise State University, Boise, ID Over 12 years of experience as a designer and graphic artist, Idaho native Rainey is an expert designer and vinyl graphics installer. She oversees numerous projects, including the current “Traffic Box Art” done through the city’s Department of Arts and History. She’s especially skilled at layout and logistics for complicated projects such as the Traffic Box Art project as well as the Nampa Public Library project. Shop Manager, Trademark Sign Company 2014-Present AAS, CNC Machine Technology Veteran of US Army Jesse has been working in the sign industry since 2007 with a diverse fabrication background including welding, sign fabrication, vinyl application, and a degree in CNC machine technology. He currently manages our shop workflow, fabricates the majority of our projects, and maintains a strict quality control. Meridian City Council Meeting DATE• August 9, 2016 ITEM NUMBER: 4Q PROJECT NUMBER: ITEM TITLE: Training Agreement between Ada County Highway District and City of Meridian MEETING NOTES 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 RELEASE OF LIABILITY WITH RIGHT OF ENTRY and INDEMNIFICATION AGREEMENT (Meridian, Ada County, Idaho) This RELEASE OF LIABILITY WITH RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT (the "Agreement") is entered into as of the -4 day of August, 2015 between the CITY OF MERDIAN FIRE DEPARTMENT ("Meridian"), and the Ada County Highway District (ACHD) ACHD owns and /or has interest in certain property in Meridian, Ada County, Idaho, located at 4842 W. Franklin Road (the "Property"). The Ada County Highway District is willing to make the building(s) on the property available to Meridian for conducting training exercises for Meridian's Fire Department, The Ada County Highway District is willing to permit the property to be utilized by Meridian for such purposes, so long as the terms of this Release of Liability with Right of Entry and Indemnification Agreement are approved by Meridian. As used below, the term "indemnitee" shall mean Ada County Highway District, and the respective successors and assigns of the parties collectively referred to as such. NOW THEREFORE, for value received, and in consideration of the promises of the parties set forth in this agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, the parties agree as follows: 1. Right of Entry to Meridian. Meridian shall be permitted to utilize the building on the property, for purposes of certain training exercise. No persons other than employees of a Fire Department will be on the property and/or participate in the training exercises. All debris created by or resulting from the training exercises shall be placed inside the residence on the Property upon completion of said exercises. 2. No Compensation. There will be no compensation paid to Ada County Highway District from Meridian for the rights of entry and use pursuant to this Agreement. 3. Time Period for Entry. Meridian may enter the Property on August 2, 2016 and must vacate the premises by the end of August 4, 2016, at which time this Agreement shall terminate. 4. Disclaimers and Risk of Injury in Connection with Entry. Indemnitee makes no representation or warranty as to (and will have no responsibility or liability for) any aspect or condition of the Property or adjoining properties, whether known, unknown, concealed, latent or otherwise. Meridian assumes all risk of injury, loss or damage to Meridian, its invitees pursuant to this Agreement, and Indemnitee, and to any goods, materials or other property owned by Meridian, Indemnitee or others which may occur as a result of Meridian's exercise of its rights under this Agreement. Indemnitee will have no responsibility or liability as to any such injury, loss or damage, or for any worker's compensation or other claims relating to any injury in connection therewith. By way of example and not as a limitation on the foregoing, Meridian acknowledges that asbestos exposure which may occur as a result of Meridian's exercise of its rights under this Agreement and agrees that Indeminitee will have no responsibility or liability as to any such injury, loss or damage, or for any worker's compensations or other claims relating thereto. S. 'Representation Made Before Entry by Meridian. Prior to entering any part of the Property, Meridian represents and warrants to Indemnitee that the following will be true as to the Property being entered: (i) Meridian has conducted appropriate and necessary inspections of the Property and surrounding area, so as to be familiar with the Property and any condition, installation(above or below ground), or aspect of the Property and surrounding area as may create a risk of injury or damage in connection with the conduction of Meridian's activities; and (ii) Meridian has obtained all necessary governmental permits, approvals and authorizations necessary to conduct its activities and will comply with and perform its activities in compliance with all applicable local, state, and federal statutes, ordinances, rules, regulations and other legal requirements pertaining thereto. 6. Indemnification as to Claims Resulting from Entry. Meridian herby agrees to indemnify, defend, protect and hold the Indemnitee (including its/their respective officers, directors and employees) harmless from and against any and all loss, cost liability, claim, damage and expense (including, without limitation, attorney's fees and expenses) incurred in connection with or arising from (1) and injury, illness, damage or death of or to any person or property or from any other cause whatsoever occurring as a result of Meridian's exercise of Its right hereunder (which will not be construed to make Meridian liable to Indemnitee for property damage or debris remaining within the Property after the Training exercise other than resulting from Meridian's entry and activities pursuant to this Agreement); (11) any claim or litigation, whether material or immaterial, with respect to any action taken by, or injury, illness, damage or death resulting from actions of Meridian pursuant to this agreement or (iii) Meridian's failure to timely and fully perform its obligations under this Agreement or any other breach by Meridian of the terms of this Agreement. 7. Attorney's Fees. If legal proceedings are instituted to enforce this Agreement, the prevailing party shall recover, and the losing party shall pay, its reasonable attorney fee's, at trial, upon appeal and on any petition for review, in addition to all other costs and damages allowed, as determined by the court. 8. Entire Agreement, Invalidity. This Agreement is the entire agreement between the parties and supersedes and replaces all other written or oral agreements or understandings between the parties. if any term of this Agreement is held to be void or unenforceable, it shall be deemed severed from this Agreement and the balance of this Agreement shall survive. 9. Governing Law. This Agreement shall be governed, Interpreted and enforced in accordance with the laws of the State of Idaho. 10. Time of the Essence. Time is of the essence of the performance of each obligation under this Agreement. 11. Counterparts. This Agreement may be executed, simultaneously or separately, in one or more counterparts, each of which will be deemed to be an original and all of which, collectively, constitute on and the same Agreement, Facsimile signatures shall be binding as originals. 12. Authority. The parties herby warrant that the person executing this Agreement on behalf of each party is, at the time of its execution, duly authorized to do so and is fully vested with the authority to bind that party in all respects. IN WITNESS WHEREOF, each of the undersigned has caused this instrument to be duly executed and delivered as of the date shown above. CITY Of ME DIAN R EpPRTMENT ap�TED A� �Qo - gy; ✓ ltl T� ilv ER IDjA ., ADA OUNTY HIGHWAY DISTRICT -i IDAHO S - - --- AL Title: �� t_ Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4R PROJECT NUMBER: ITEM TITLE: Falconer Place Subdivision Sanitary Sewer and Water Main Easement between the City of Meridian and Summit Equity, LLC within Falconer Place Subdivision MEETING NOTES rte✓ APPROVEP 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 2016-073498 BOISE IDAHO Pgs=7 BONNIE 08/11/2016 08:34 AM MERIDIAN CITY NO FEE II'III'IIII1111 II'I'IIIII IIII IIIIII 111111 II III III 00259342201600734980070070 SANITARY SEWER AND WATER MAIN EASEMENT tk David Alexander, President, THIS INDENTURE, made thisJt-, day of Lel , 20 between summit Equity, LLC , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV. 07/29/16 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: _ J'. 'President Address STATE OF IDAHO ) ) ss County of Ada ) On this day of 11A !v , 20, before me, the undersigned, a Notary Public in and for said State, personally appeared 'D 'l,'<i ALxande r known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. WATk f�,,,� 4NOTARY PUBLIC FOR IDAHO 4a.•• -NARY'•. Residing at: j s.., do S s Commission Expires: Sanitary Seer anN6,W ®rnt REV. 07/29/16 GRANTEE: CITY OF MERIDIAN Tammy de We Mayor ZED AUr, UST, v° _ of w Attest b ycee Holman, Ci l(�ily ,pA 0 '/ Approved By City Council STATE OF IDAHO, ) . ss. County of Ada ) On this �day of w , 20/6, before me, the undersigned, a Notary Public in and for said State, p sonally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (�•��FINC�•.•• A, Q,RY .00 W" �W"z V;x. yti,�4a; ••• so NOTARY PUBLIC FOR IDAHO Residing at: Commission Expi s: '�, Sanitary Sewer and Water Main Easement REV. 07/29/16 JUB� J•U•B ENGINEERS, INC. 1APAk - Falconer Place Subdivision Meridian Sewer & Water Easement Boundary Description Project Number 10-16-023 June 23, 2016 7NE GATEWAY LANGDON MAPPING GROUP INC. An easement situated in Lot 5 of the Amended Plat of Lots 3, 4, 5, 6, and 7, of Golden Eagle Estates (Book 37 of Plats at Pages 3127 and 3128, records of Ada County, Idaho), in the north half of the northwest quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 28, Township 3 North, Range 1 East, Boise Meridian; Thence S00°27'50"W, 1321.07 feet along the west line of the north half of the northwest quarter of Section 28 to the southwest corner of the north half of the northwest quarter of Section 28; Thence S89°30'18"E, 33.00 feet along the south line of the north half of the northwest quarter of Section 28 to the southwest corner of Lot 5 of the Amended Plat of Lots 3, 4, 5, 6, and 7, of Golden Eagle Estates; Thence N00027'50"E, 80.18 feet along the east right-of-way line of South Eagle Road to the POINT OF BEGINNING: Thence continuing N00°27'50"E, 29.91 feet along the east right-of-way line of South Eagle Road; Thence N67°05'48"E, 43.58 feet; Thence N00°27'50"E, 8.41 feet; Thence 589°38'24"E, 106.48 feet; Thence N82°45'23"E, 147.37 feet; Thence S00°00'13"W, 25.42 feet; Thence S82°3948"E, 107.36 feet; Thence N76°27'05"E, 23.71 feet to the east boundary of Lot 5; Thence 500°21'32"W, 26.74 feet along the east boundary of Lot 5; Thence N89°38'24"W, 50.38 feet; Thence N00°21'36"E, 3.00 feet; Thence N83°55'58"W, 150.75 feet; Page 1 of 2 `1134 �i OF cy�FL S� a 250 S Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 iv www.jub.com JUBTHE -l) F COMPANIES��z_'h GHGUPGN MAPPING J•U•B ENGINEERS, INC. Meridian Sewer & Water Easement continued... Thence 47.47 feet on a non -tangent curve to the right, concave northerly, having a radius of 55.00 feet, a central angle of 49°27'15", a chord bearing of S85°44'59"W, and a chord length of 46.01 feet; Thence S20028'37"W, 12.03 feet; Thence N89038'24"W, 131.99 feet; Thence S65°31'48"W, 44.11 feet to the POINT OF BEGINNING. The above-described easement contains 0.31 acres, more or less. Page 2 of 2 Q �. 3 ygFL S gy a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 tir www.jub.com S. Eagle R a Basis of Bearing Oz S 72'5' 1321.0' % \ - _ --- --� z \ '-1-4 — — &— — — — — 9� m ® 1� ® 7 k i N022'5 ± 80.18' f \L K � ►----------------� 2 _ 21 q L4$ & N q 7§ 14 § o J § q 2§/% 2 ) R) @ g § R 4 w R§\ R § g 4 ] R' R k c 2 E $ 7 § q ° k m / § / m § @ % \ % \ % $ \ t 6/23/2016 Scale: 1 inch= 55 feet File: Tract 1: 0.3123 Acres (13604 Sq. Feet), Closure: s54.1015e 0.01 ft. (1/107381), Perimeter=959 ft. 01 n00.2750e 29.91 11 n00.2136e 3 02 n67.0548e 43.58 12 n83.5558w 150.75 03 n00.2750e 8.41 13 Rt, r=55.00, delta=049.2715, chord=s85.4459w 46.01 04 s89.3824e 106.48 14 s20,2837w 12.03 05 n82.4523e 147.37 15 n89.3824w 131.99 06 s00.0013w 25.42 16 s65.3148w 44.11 07 s82.3948e 107.36 08 n76.2705e 23.71 09 s00.2132w 26.74 10 n89.3824w 50.38 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to Cascade Enterprises, Inc. for the WRRF Tertiary Filter Building Crane Construction project for a Not -To -Exceed amount of $74,310.00. MEETING NOTES � PPDOVED A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CONTRACT CHECKLIST L " PROJECT INFORMATION Date: 7/13/2016 REQUESTING DEPARTMENT Public Works - WW Project Name: WRRF Tertiary Filter Crane Construction - Re -bid Project Manager: Jared Hale Contract Amount: $74,310 Contractor/consultant/Design Engineer: Cascade Enterprises, Inc./Mountain Waterworks Is this a change order? Yes ❑ No R] Change Order No. IL BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes E No ❑ Construction GL Account 94400 FY Budget: 16 Task Order ❑ Project Number: 10595.1b Enhancement: Yes ❑ No Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes No ❑ Grant ❑ IV.GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) na Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 2] No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: 7/22/2016 7 day protest period ends: July 29, 2016 VL CONTRACTOR/ CONSULTANT REQUIRED INFORMATION PW License PWC -C -003516 -AAA -1,3,4 Expiration Date: 8/31/2016 Corporation Status GoodStanding Insurance Certificates Received (Date): 7/26/2016 Expiration Date: 1/27/2017 Rating: A+ Payment and Performance Bonds Received (Date): 7/26/2016 Rating: A+ Builders Risk Ins. Req'd: Yes ❑ No Q If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 3, 2016 Approval Date By: Purchase Order No.: Date Issued: WHS submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final To: Jacy Jones, City Clerk, From: Keith Watts, Purchasing Manager CC: Jared Hale, Project Manager Date: 08/03/16 Re: August 9th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9�', 2016 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Cascade Enterprises, Inc. for the WRRF Tertiary Filter Building Crane Construction project for a Not -To -Exceed amount of $74,310.00. Recommended Council Action: Award of Bid and Approval of Agreement to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $74,310.00. Thank you for your consideration. • Page 1 EIDIAN�- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Jared Hale Engineering Project Manager DATE: 7/27/16 Mayor Tammy de Weerd City Council Members* Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: CONSTRUCTION AGREEMENT WITH CASCADE ENTERPRISES FOR THE WASTEWATER RESOURCE RECOVERY FACILITY — TERTIARY FILTER BUILDING CRANE FOR A NOT -TO -EXCEED AMOUNT OF $74,310.00. I. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The City of Meridian Wastewater Resource Recovery Facility (WRRF) Tertiary Filter Building B houses numerous pumps and essential equipment for the operation of the WRRF's tertiary filtration system. This equipment requires routine maintenance, which involves removing the pumps from concrete vault structures. Removal of the pumps requires rental of a specific crane due to low clearances at the entryway to the building. There is only one of these types of cranes in the entire Treasure Valley; it is not rated for travel and must be brought in on a truck. Being reliant on a single, outsourced crane decreases the reliability of our filtration process. B. Proposed Project Cascade Enterprises will install a new stationary electronic 5 -ton crane in Tertiary Filter Building B which consists of purchasing, installing, and testing the crane Page I of 2 equipment. Structural footings will be installed inside the building to support the new equipment. C. Describe Item This item is to award the contract to purchase and install a 5 -ton crane into Tertiary Filter Building B. III. IMPACT A. Fiscal Impacts Project Costs: ---------- - Fiscal Year 2016 Construction Contract $74,310 Amount ----- ---- -- Total Project Cost $74,310. Project Funding ------------- - --- ---- - ------------ Fiscal Year 2016 Account Code / Codes - -- ------------------ ---- Available Funding 3590-93505 $95,760 -- - - - - - - --- - _ - - -- - - - - -- - -- _. _ _ _ _ -- _ - Total Funding $95,760 i B. Time Constraints Council approval will allow this project to install a 5 -ton crane in Tertiary Filter Builing B to be completed this fiscal year as planned. Departmental Approval: W �5 Page 2 of 2 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF TERTIARY FILTER CRANE CONSTRUCTION PROJECT # 10595.b TH S CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of , 2016, and entered into by and between the City of Meridian, a municipal corporation rganized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Cascade Enterprises, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 7512 Lemhi St. Ste #3 Boise ID 83709 and whose Public Works Contractor License # is C -003516 - AAA -1,3,4. INTRODUCTION Whereas, the City has a need for services involving WRRF TERTIARY FILTER CRANE 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. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 1 of 13 Project 10595.13 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 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 S "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of 74 310.00. 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. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 2 of 13 Project 10595.8 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City 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 90 (ninety) 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 $250.00 (two 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 120 (one hundred twenty) 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 $250.00 (two 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. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 3 of 13 Project 10595.13 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this 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. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 4 of 13 Project 10595.13 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees, CONTRACTOR shall maintain, and specifically agrees that it will maintain, 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 WRRF TERTIARY FILTER CRANE CONSTRUCTION page 5 of 13 Project 10595.6 or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: 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 WRRF TERTIARY FILTER CRANE CONSTRUCTION page 6 of 13 Project 10595.13 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) 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.meridiancity.org/environmental.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, and printing, photo static, photographic and WRRF TERTIARY FILTER CRANE CONSTRUCTION page 7 of 13 Project 10595.6 every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to 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 park, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 8 of 13 Project 10595.6 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement 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: WRRF TERTIARY FILTER CRANE CONSTRUCTION page 9 of 13 Project 10595.B 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. 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 Cascade Enterprises, Inc. Purchasing Manager Attn: Joe Hendricks 33 E Broadway Ave 7512 Lemhi St., Ste #3 Meridian, ID 83642 Boise, ID 83709 208-489-0417 Phone: 208-343-4009 Email: ryan@cascade-enterprises.com Idaho Public Works License #PWC -C-003516 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. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 10 of 13 Project 10595.6 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN B � TAMMY de W D, MAYOR Dated: 9 Approved by Council: tc�/ A jA ITY CLER Ji4yL'CAR�- BY: k-" KEITH ATS, " u chasing Manager Dated:: Project Manager Jared Hale CASCADE ENTERPRISE$, BY: ., Dated: /fo �= SEAL WRRF TERTIARY FILTER CRANE CONSTRUCTION page 11 of 13 Project 10595.6 BY: _ _ WA REN STE A Engineering Manager Dated::�s-A EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1648-10595.B ALL ADDENDLIMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1648-10595.B, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2093 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS —WRRF TERTIARY FILTER CRANE DESIGN BY Mountain Waterworks dated May 2016 (13 pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by Mountain Waterworks dated May 2016 (20 pages) WRRF TERTIARY FILTER CRANE CONSTRUCTION page 12 of 13 Project 10595.6 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $74,310.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 90 Days from Notice to Proceed Milestone 2 Final Completion 120 Days from Notice to Proceed eonr�n_'cn%u�n�u c Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WRRF TERTIARY FILTER CRANE CONSTRUCTION per IFB PW -1648-10595.6 Item Description Qty Unit Extended Price 1 Mobilization 1 LS 2,500.00 2 Purchase & Install Crane in Bldg 'B' 1 LS 69,310.00 3 Demobilizatoin 1 LS 2,500.00 NOT TO EXCEED CONTRACT TOTAL ....................... 74 'i10.00 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 auantities of each item of work in accordance with the contract documents. Item No. WRRF TERTIARY FILTER CRANE CONSTRUCTION page 13 of 13 Project 10595.13 Unit I Unit Price RECEIVE[) UL Bond No 2185956 Document A312 TM -201 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Nance, legal status and address) Cascade Enterprises, Inc, 7512 Lemhi Boise Idaho 83709 OWNER: (Nanne, legal statins and address) City of Meridian 33 E Broadway Ave Ste 106 Meridian,idaho 83642 CONSTRUCTION CONTRACT Date: 7122/2016 Amount: 5 74,310 . 0 0 Description: (Nance and location) WRRF Tertiary Crane Construction Re -Bid BOND Dat.: 7/27/2016 (Not earlier than Construction Contract Date) Amount: $74,310.00 SURETY: (_Farre. legal status and principal place of business) North American Specialty Insurance Company 960 S Broadway Ave This document has important legal Boise Idaho $3706 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cascade Enterprises, Inc North American Specialty Insurance Company r SignalurO, l / Signature n,€ f Staci L Ja o- Attorney -in -Fact Name Name Y Y and Title:and Title: 4- f 0 (Any hdditionirl,sigrnalares appear on the last page of this Patvnnenl Build.) (FOR INFORAIfATION ONl,1' — Nance, address and telephone) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise Idaho 83707 208-343-7741 S-2149/GE 8110 OWNER'S REPRESENTATIVE: (4rehitecr. Engineer or other parry: ) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 I the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance ofthe Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor. have sent a Claim to the Surety (at the address described in Section 13). § 6 I a notice of non-payment required by Section 5.11 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner; within sixty (60) days after receipt of the Claim_ stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafterto recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the perfornnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the finds for the completion of the work. S-2149/GE 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one ,year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whicliever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims. however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract, .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract architectural and engineering services required for performance ofthe work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 5-21491GE 8/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond arc as follows: (,Space is provided below for additional signatures of added parties, other thou shave appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address S-2149/GE 8/10 Signature: _ Name and 'Title: Address (Corporate Seal) RECEIVED U ,i `c Bond No 2185956 Document A312TM _ � PV Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nance, legal status and address) Cascade Enterprises, Inc. 7512 Lemhi Boise Idaho 83709 OWNER: (Nance, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: 7/22/2016 Amount: $74,310.00 SURETY: (N'anre, legal staters and principal place of business) North American Specialty Insurance Company 960 S Broadway Ave This document has important legal Boise Idaho 83706 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Name and location) WRRF Teriary Filter Crane Construction -Re -Bid BOND Date: 7/27/2016 (Not earlier that Construction Contract Date) Amount: $74,310.00 Modifications to this Bond: ® None F] See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Cascade Enterprises, Inc, Signature; Name -T-L f and Title: qI11104-hr1 Company: (Corporate Seal) North American Specialty Insurance Company `{ r 6 � f 3 Signatuf� ' �- °-,.F _ Name Staci L Jayo- Attorney -in -Fact and Title: (tiny additional signatures appear on the last page of this Performance Bond) (FOR WFORMA TION ONLY — hame. address and telephone) AGENT or BROKER: Higgins & Rutledgte Ins PO Box 8567 Boise Idaho 83707 208-343-7741 S-1852/GE 8/10 OWNER'S REPRESENTATIVE: (,4rchitect, Engineer or other par),: ) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owners notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Constriction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surely from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor; with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arramnge for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness wider the circumstances: .1 After investigation determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-18521GE 8/10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1.5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law; the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/GE 8/10 § 16 Modifications to this bond are as follows: (.Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Titic: Address S-1852/GE 8/10 SURETY Company: (Corporate Seal) Signature: Name and Title: Address 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: RODNEY A. HIGGINS, GAIL A. JOHNSON, GREG T. SWENSON, JARED R. YINGST, STACI L. JAYO, and TRACY L. FORSYTHE 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 9'h 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�Ilutuuruuii a i S�L la $ Steven P. Anderson, Senior Vice President of Washington International Insurance Company's • S �y a i 1973 EAL to & Senior Vice President of North American Specialty Insurance Company F a g 1,1 yhAMVS �1'O�J cDt ��rlllllll110VAA ' "Z "r• 1.. Michael A. ISs Itto Semor Vice President' 7i 1 as mgtonTternationa nsurance any (tm91tl Yla� & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Coiinpany' `havo Waused 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 , 2015 , 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 PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 1210412017 M. Kenny, Notary Public -11 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 thCis day o f— ... 20 � a Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company . E Y �� ACORO CERTIFICATE OF LIABILITY INSURAN DATE (MM/DD/YYYY) 7/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERor—A BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEE� �M[tN R R(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 Higgins & Rutledge Insurance, Inc. 1661 Shoreline Dr., Suite 100 Boise ID 83702 CONTACT NAME: WendyHawle PHONE 208-343-7741 FAXIAIC No), 208-343-9371 EMAIL WendyH@higginsrutledge.com INSURERS AFFORDING COVERAGE NAIC If Y INSURERA:CIncinnatl Insurance Company 10677 1/27!2016 INSURED CASCA-1 INSURERB:State Insurance Fund 36129 INSURERC: Cascade Enterprises Inc 7512 Lemhi St. #3 Boise ID 83709 INSURER D: PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PES F—] LOC OTHER: INSURER E INSURER F: $ nnWCO&ncc 1 r-0TICIr ATF IdJIMRFR. 713487744 RFVISION Nl1MRFR! 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 D INSD S BR WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y Y EPP 0060693 1/27!2016 1127/2017 1,000,000 EACH OCCURRENCE $DAMAGE TO PREMISES EaENTED occurrrence $500,000 MED EXP (Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PES F—] LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO AUTOS�ED SCHEDULED HIRED AUTOS NON -OWNED AUTOS r EBA 0060693 1 1!2712016 1!27/2017 COMBIEa accident) SINGLE T $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident 1 $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP 0060693 1/27/2016 1/27/2017 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DED X I RETENTIONSNone $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 617725 10/1/2015 10/1/2016 X STATUTE OERH E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEd $500,000 E.L. DISEASE - POLICY LIMIT 1 $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: WRRF Tertiary Filter Crane Construction Project #10595.b. CERTIFICATE ATF HO DER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33 E Broadway Ave #106 ACCORDANCE WITH THE POLICY PROVISIONS. Meridian ID 83642 AUTHORIZED R PRESENTATIVE I I ':��+_ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PublicWorks Search Print Page 1 of 1 Comp Name License Work Number Category License License APPlicanOwner Comp Com an Tpe Class StatusName Name Address gUt Company Com anV Stae Zip Code Exl2irationparent phone Date License Number 00001, 00003, 02240, 02310, 02500, 02810, 02820, 05090, Cascade 05100, Cascade 7512 Lemhi (208) Enterprises, 003516 05700, 1, 3, 4 AAA ACTIVE Enterprises, Street, Suite BOISE ID 83709 343- 8/31/2016 Inc. 11001, Inc. 3 4009 15100, 15400, 15510, 15600, 15700, 16000, 11200, 02220 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 8/3/2016 IDSOS Viewing Business Entity Page 1 of 1 :M IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CASCADE ENTERPRISES INC ] [ Monitor CASCADE ENTERPRISES, INC business filings ] CASCADE ENTERPRISES, INC 7512 LEMHI ST UNIT 3 BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 04 Jan 2011 State of Origin: IDAHO Date of 29 Dec 2010 Origination/Authorization: Initial Registered Agent: JOSEPH HENDRICKS 3243 TERRA DR BOISE, ID 83709 3833 Organizational ID / Filing C189584 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 04 Jan 2016 Annual Report Due: Dec 2016 Filed 29 Dec 2010 INCORPORATION ;i - ., �,. , �} Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format] [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online Report for year 2011 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(absos.idaho.gov https://www.accessidaho.org/public/sos/corp/C189584.html 8/3/2016 F- J W w M w N 06 w a 0 w 0 .a LL H LL w LL LU Q z m V- 12 12 w m z 0 B-3 z D O a 0 m sgng # 0!-1 PU0B ME] pau6i w O a z w iu ,S1 U N M m m m Ln Ln o O w <r <r m m 0 o H M M M Ln ul 0 0 O O o O O m A a E A z w P4 x w a El H 0 H o'P01.dP o`P P op dP dP O vw r o O o 0 0q 0 -A b o O O o 0 o m m 0 O CO d� O O O O M M +) •ri r- r m o u) �n C b�-rl N fA a) (1) a P4 ro x I o m O in o o m m + b O N u1 N o O O In to i4 C m r m w N O o C C\' O })•r{ m M m N O N N W N C m wm m M m O N N (N N N a b -ri O b 9 C m N N m m m �r; .-i r LO N M N N N N x a w ,fl O m a° C\3 b M N H o ff n In o o O H H �+ a PI 11 O r N N o o O N N 1 (�' �. a) ri V`N w ko N o o H ri O ?� m w m w N r r V) N a) •H� P N � m M o M m N m m 1! •N O U0 '.1 0 U (1) m M H N N (nto N M M O C a v ?t a) W 0 O v O O N o O c O m m mI H 4 m o o 1r o O o o r r o+1 41 '� 0 0 Ln o 0 o O Ln �) V) rn o a) o m o m m a) v) N o 0 o O o C t) 4' o m N C N C v' w N O H w N m m ry N N 4-I O 41 I 1 q a) C C m + o o V) o e,q i-7 a a 1 r -Hi o 4 S4 N41 Qw w m -P 4J 0 4-� a -I • 41 O b, X ro (0 a, (do -rI •ri U) 10 rn H }.I U w P 34 N -1Ga W a) ' I 41m G ar aro >1 >1 ¢' tD N W N C (1) N N a) H SA 4a I H 1-3 Q -) d I+ C a, w• H b w •r) a) ci 41 a) +4 C HN Q z O z 10 •10 o 10 10 H H g errC U) 0 LI p P N W 0H �� HU a) a aa EU 0 W 41 u El i E ro U w q ,S1 U N M m m m Ln Ln o O w <r <r m m 0 o H M M M Ln ul 0 0 O O o O O m A a E A z w P4 x w a El H 0 H Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: 4T PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to The Ewing Company for the "WRRF CENTRATE EQUALIZATION" project for a Not -To -Exceed amount of $1,308,128.00 MEETING NOTES Y1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CONTRACT CHECKLIST h PROJECT INFORMATION Date: 8/4/2016 REQUESTING DEPARTMENT PW - ENGR Project Name: WRRF CENTRATE EQUALIZATION Project Manager: Garrick Nelson Contract Amount: $1,308,128 Contractor/Consultant/Design Engineer: The Ewing Company/ Mountain Waterworks Is this a change order? Yes ❑ No I] Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes 21 No ❑ Construction 0 GLAccount 96159 FY Budget: FY16 Task Order ❑ Project Number: 10050.0 Enhancement:. Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes E1 No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. ' BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes R] No ❑ If no please state circumstances and conclusion: Date Award Posted: 7/22/2016 7 day protest period ends: August 1, 2016 VL CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License PWC -C-12003 Expiration Date: Corporation Status Goodstanding Insurance Certificates Received (Date): 8/3/2016 Expiration Date: 4/1/2017 Rating: A+ Payment and Performance Bonds Received (Date): 8/3/2016 Rating: A++ Builders Risk Ins. Req'd: Yes ❑ No 121 If yes, has policy been purchased? N/A (Only appllcabale for projects above $1,000,000) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 4, 2016 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) INTP Date Contract Request Checklist. 5.24.2016.FinaI Memo To: Jaycee Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Garrick Nelson Date: 8/4/2016 Re: August 9t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9t" City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to The Ewing Company for the "WRRF CENTRATE EQUALIZATION" project for a Not -To -Exceed amount of $1,308,128.00. Recommended Council Action: Award of Bid and Approval of Agreement to The Ewing Company for the Not -To -Exceed amount of $1,308,128.00. Thank you for your consideration. • Page 1 CE IDIAN*,� I D A H O Works Department TO: Keith Watts FROM: Garrick Nelson Staff Engineer I DATE: 7/27/2016 Mayor Tammy de Weerd City Council Members+ Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts SUBJECT: WASTEWATER RESOURCE RECOVERY FACILITY CENTRATE EQUALIZATION PROJECT - CONSTRUCTION CONTRACT WITH THE EWING COMPANY FOR $1,308,128.00. I. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer I 489-0358 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Back round The Wastewater Resource Recovery Facility (WRRF) experiences large fluctuations in flow on a daily basis. This highly variable flow pattern affects our ability to process wastewater efficiently by destabilizing the nitrifying organism population. The WRRF has an existing centrate tank, constructed in 2004, to help stabilize this process. The centrate tank temporarily stores water that is removed from the sludge that is very high in ammonia nitrogen. Storage and subsequent return of the centrate during low flow can help mitigate the variable nitrogen load. Unfortunately, nitrogen load -leveling is very difficult because the existing centrate is pumped to the plant drain which can not bypass primary treatment. Additionally, a single tank provides no process flexibility for routine inspection and maintenance. In the preliminary engineering report completed by Mountain Waterworks, it was determined that extensive corrosion has occurred in the existing steel tank. Because of these conditions, the tank has reached the end of its useful life. Page I of 3 B. Proposed Project This project would fund the construction of two new below grade concrete centrate storage tanks with covers as well as modify the current centrate storage facilities, pumps, plumbing and building to provide both capacity and flexibility, and aide in leveling the nitrogen loading. Piping and controls within the existing centrate pump station will be modified to allow pumping from the new centrate tanks to the existing return activated sludge (RAS) pump station. The existing centrate tank is controlled by a programmable logic controller (PLC) located at digester #3. This configuration makes it difficult for operators to adjust the controls to the centrate tank due to the large distance between the PLC and the centrate facility. This project will include the installation and programming of a new PLC located adjacent to the new centrate tanks. The new tank and PLC will allow the WRRF to more precisely control centrate loading and assist in meeting the new NPDES permit limits. C. Describe Item This project will utilize the existing centrate pump station for centrate return to the RAS pump station. Centrate from the dewatering building will flow into the new tanks by gravity utilizing new yard piping. The tanks will include covers for future odor control provisions, liquid level monitoring, hydraulic mixing, and automatic control valves. III. IMPACT A. Fiscal Impacts Funding is available in the Centrate Equalization enhancement for this project. The value of the construction contract with The Ewing Company is $1,308,128. Project Costs; Fiscal Year 2016 Account Code / Codes Construction $1,308,128 Total Project Cost $1,308,128 Project Funding Available Fiscal Year 2016 Account Code / Codes Construction 3590-96159 $1,643,025 Funding Available $1,643,025 Page 2 of 3 B. Time Constraints Approval of the construction contract in a timely manner will ensure the project remains on schedule. Departmental Approval: A/s-s CP K. Page 3 of 3 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2015 Through 9/30/2016 Capital Outlay 96159 Centrate Basin Construction 10050 Centrate Treatment/Rehab 10050.b WRRF Centrate Tank Modifications - Design Total Capital Outlay TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 1,693,230.00 0.00 1,693,230.00 100.00% 0.00 106,975.00 (106,975.00) 0.001-. 1,693,230.00 106,975.00 1,586,255.00 93.68% 1,693,230.00 106,975.00 1,586,255.00 93.68% Date: 8/4/16 06:37:32 AM Page: 1 U) F— J W w rdi1 10;11 Al Z m O Q m sqn # oil puns Pis # wnpuapp wnpuapp pau6► w O 0 Z W 0 0 0 0 0 0 0 0 0 0 ti ui o 0o 0 00 CD (0 - O � N fl- N I - a0 (fl X 111 M cf d 619, 61> 6? 60- 60- X X X X X X X X X X X X X X X X X X X X X X X 1>< 1>< X X X 1XI 1>< � 0 0 N Q t6 Z L Lp C) C: a) c W a) E o U CY) Lk O U a cn U W Imo— U CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF CENTRATE EQUALIZATION PROJECT # 10050.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9h day of August, 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 The Ewing Company, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 1500 Eldorado Suite 4 Boise ID 83704 and whose Public Works Contractor License # is PWC -C-12003. INTRODUCTION Whereas, the City has a need for services involving WRRF CENTRATE EQUALIZATION; 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, WRRF CENTRATE EQUALIZATION page 1 of 13 Project 10050.0 state and city laws, ordinances, regulations and resolutions. The Contractor 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 $1,308,128.00. 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. WRRF CENTRATE EQUALIZATION page 2 of 13 Project 10050.0 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City 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 120 (one hundred twenty) 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 $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred fifty) 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 $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WRRF CENTRATE EQUALIZATION page 3 of 13 Project 10050.0 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. W RRF CENTRATE EQUALIZATION page 4 of 13 Project 10050.0 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, 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 WRRF CENTRATE EQUALIZATION page 5 of 13 Project 10050.0 or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: 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 WRRF CENTRATE EQUALIZATION page 6 of 13 Project 10050.0 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) 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: httr)://www.meridiancity.org/environmental.asox?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 WRRF CENTRATE EQUALIZATION page 7 of 13 Project 10050.0 representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during ,employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this W RRF CENTRATE EQUALIZATION page 8 of 13 Project 10050.0 Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement 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. W RRF CENTRATE EQUALIZATION page 9 of 13 Project 10050.0 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. 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 The Ewing Company, Inc. Purchasing Manager Attn: John R. Ewing, President 33 E Broadway Ave 1500 Eldorado, Suite 4 Meridian, ID 83642 Boise, ID 83704 208-489-0417 Phone: 208-377-1500 Email: bids@ewingcompany.com Idaho Public Works License # - e - Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDI THE EWING COMPANY, INC. BY: °'� BY: S G TAMMY de E RD, MAYOR aQov jOr-0 AUGus,�OHNEWING, PRESIDE Dated: IJ WRRF CENTRATE EQUALIZATION Project 10050.0 %, City of n ,. �" IOAHO SEAL "true page 10 of 13 Approved by Council: AL) 6Lt q �" 1 V Atte JA CPE 6 HOLMAN, CITY CLERK Purchasing Approval BY: KEITH WATTS, Purchasing Manager Dated:: 81q /f Project Manager Garrick Nelson W RRF CENTRATE EQUALIZATION page 11 of 13 Project 10050.0 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1645-10050.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1645-10050.C, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS — CENTRATE EQUALIZATION PROJECT by Mountain Waterworks dated 5-31-2016 (43 pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by Mountain Waterworks dated 5-31-2016 (337 pages) WRRF CENTRATE EQUALIZATION page 12 of 13 Project 10050.0 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed 1,308,128.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days from Notice to Proceed Milestone 2 Final Completion 150 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WRRF CENTRATE EQUALIZATION per IFB PW -1645-10050.0 NOT TO EXCEED CONTRACT TOTAL ....................... 1.308.128.00 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 Mobilization 1 LS $48,106.00 2 Dewatering 1 LS $7,828.00 3 Earthwork, Grading, and Finishing 1 LS $382,535.00 4 Yard Piping 1 LS $98,416.00 5 Centrate Equalization Tank Demolition 1 LS $29,367.00 6 Centrate Pump Station Modifications 1 LS $29,967.00 7 Centrate Equalization Basins and Valve Vault 1 LS $646,856.00 8 Electrical and Instrumentation 1 LS $58,121.00 9 Facility Startup and Demobilization 1 LS $6,932.00 10 Misc. Work Items Not Included Above 1 LS $0.00 WRRF CENTRATE EQUALIZATION page 13 of 13 Project 10050.0 CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CHtJBB Phone: (908) 903-3485 • Facsimile: (908) 903-3656 Bond No. 82041229 AIA DOCUMENT A312TM - 2010 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name, legal status and address): The Ewing Company, Inc. 1500 Eldorado, Suite 4 Boise, ID 83704 OWNER (Name, legal status and address): City of Meridian 33 East Broadway Ave., Suite 106 Meridian, ID 83642 SURETY (Name and principal place of business): Federal Insurance Company 15 Mountain View Road Warren, N.J. 07059 CONSTRUCTION CONTRACT Date: August 9, 2016 Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 001100 Description (Name and location): WRRF Centrate Equalization BOND Date (Not earlier than Construction Contract Date): August 9, 2016 Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100 Modifications to this Bond: 93 None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) The Ewing Company)"1c. Signature: zr�� � Name and Titl SURETY Company: Federal Ing Signature: Attorney -in...,.,, (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineerorotherparty): PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312Tu-2010. Form 15.02 -0573 -FED (Ed. 7-10) 1 1 The 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 when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply. with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,. then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies, The language in this document conforms to the language used in AIA Document A312 N• 2010. Form 1W2.0573 -FED (Ed. 7-10) 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators successors and assigns. 10 The surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 DEFINITIONS 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents, 14.3 Contractor Default: Failure of the Contractor, which has not been remedied nor waived, to perform or otherwise to comply with the term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond Is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AiA DocumentA312-- 2010. Form 1"2.0573 -FED (Ed. 7-10) 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Federal Insurance Company Signature: Name and Title: Address: Signature: Name and Title: Address: Printed In cooperation with the American Institute or Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A392 nr- 2090. Form 15.02.0573•FED (Ed. 7-10) CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CHUBB Phone: (908) 903-3485 • Facsimile: (908) 903-3656 Bond No. 82041229 AIA DOCUMENT A312TM - 2010 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name, legal status and address): The Ewing Company, Inc. 1500 Eldorado, Suite 4 Boise, ID 83704 OWNER (Name, legal status and address): City of Meridian 33 East Broadway Ave., Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: August 9, 2016 Amount: ( $1,308,128.00 Description (Name and location): SURETY (Name, legal status and principal place of business): Federal Insurance Company 15 Mountain View Road Warren, N.J. 07059 One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100 WRRF Centrate Equalization BOND Date (Not earlier than Construction Contract Date): August 9, 2016 Amount: ( $1,308,128.00 ) One Million Three Hundred Eight Thousand One Hundred Twenty Eight Dollars and 00/100 Modifications to this Bond: None x See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) The Ewing Company, Inc. Signature: z t. �9 Name and Titlele�/', X / us ! SURETY Company: t Federal Insurance Company Signature: / Attorney -in -Fact Name: Brenda J. Smith (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENTor BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312 -- 2010. Form 15.02.0574 -FED (Ed. 7-10) 1 I The Contractor and 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, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. if, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing the Claimant. Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312 7+- 2010. Form 15 -02.0574 -FED (Ed. 7.10) 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. Printed In cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312 ru- 2010. Form 15 -02.0574 -FED (Ed. 7-10) ` 16 DEFINITIONS 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and, .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A392 ru- 2090. Form 15 -02 -0574 -FED (Ed. 7.10) 18 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 18.1 "Claim notices for FEDERAL INSURANCE COMPANY must be sent to the following address: Chubb Group of Insurance Companies, 600 Independence Parkway, Chesapeake, Virginia 23327, Attention: Surety Support Team." (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTORS AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Federal Insurance Company Signature: Name and Title: Address: Signature: Name and Title: Address: Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies, The language in this document conforms to the language used in AIA Document A312"4- 2010. Form 15.02.0574 -FED (Ed. 7-10) POWER Federal Insurance Company Attn: Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company warren, NJ 07059 cHuee Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Brenda J. Smith as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, the following Surety Bond: Surety Bond Number 82041229 Obligee City of Meridian And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. in Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 1St day of March 2013. Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Somerset ss. / Y G � Richard A. Ciullo, Vice President On this 1St day of March 2013 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Richard A. Ciulio, and knows him to be Vice President of said Companies; and that the signature of Richard A. Ciuilo, subscribed to said Power of Attorney is in the genuine handwriting of Richard A. Ciulio, and was thereto subscribed by authority of said By- Laws and in deponent's presence. mul,y H,mu,, Notarial 0\,.,hq�'�,, Seal ��':' ss,� = Ne:MY'= WENDIE WALSH Notary Public, State of New Jersey. Pueuc ,' No. 0064504 e '" Neiv�s�y e Expires April 18, 2018 Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed, The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, ((i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney Is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 9th day of August, 2016 . t1RAry LLNAN CIC �L�pGFOd/ C` v p b —*— ♦ ih NP Yr i 1° ��` Citi f4 �t'DIA��M, �`7s N EW Y0a Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: sure tyO chubb. com Form 15-10- 01548- SurePath ( Rev. 03-13) CORP CONSENT - EWINCOM-01 SMAI-IR DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT -------"` _NAME. Boise Office PHONE _. _ Pa neWest Insurance, Inc. (Arc No, Ell):(2 08) 424 2900 (Alp, No) (208) 424-2999 96 Broadway Avenue Suite 100 E-MAIL -- - ADDRESS: Bosse, ID 83706-_-___— INSURER(S) AFFORDING COVERAGE NAIC # INSURER A; Cincinnati Insurance Companies10677 -. ----rt INSURED INSURER 8, Idaho State Insurance Fund '36129 The Ewing Company, Inc. INSURER C: 1500 Eldorado, Suite 4 INSURER D: Boise, ID 83704 INSURER E: INSURER F: COVERAGFR RFRTIFI('ATF AIIIIIARFR• oev�etn�, uunnoce. 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 ----__ .--------------- ------ ----ADD suaki--- -- -_--- - ----- POLICY EFF POLICY EXP - LTR TYPEOFINSURANCE T --^-_I -- --_ - _-- INSO WV POLICY NUMBER (MIA/DDIYYYY) (MMIDDfYYYY) LIMITS COMMERCIAL GENERAL LIABILITY ' X CO' � i CLAIMS -MADE rTCC,LIR � X h �+rr iv���ro�s � I � �"""'^ r I X � � 1,^ 104i0uc016 04(Oii2017 EACH OCCURRENCE � i DAtvTA�(Ea ge D _ f- PR[MISES (Ea occurrenceL $ 1,000,00 0 -- — r^^ ^^^ MED EXP (Any one person) I S 10,000 _ PERSONAL& ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER I ( GENERAL AGGREGATE $ 2,000,000 POLICY LOG X J FR4 I X l - I PRODUCTS - COMPIOP AGG - — -- S 2,000,000 OTHER �� _— -_ -- -- ---- - AUTOMOBILE LIABILITY C.OA481P1ED SINGLE LIM 1 + $ -- i --- I I I X I X X ICPP1093464 i 04/01/2015 L� �.— _ $ 1,000,000 E� -- � ANI' AUTO 04/01/2017 BODILYINJURY(Perperson) I` ALL OWNED SCHEDULED AUTOS I BODILY INJURY (Per accident), $ AUTOS N014-OWNED I HIREDAUTOS AUTOS ! PROPERTY DAWAGE — (Peraccidenp_ — - $ $ A )(I UMBRELLA LIAR EXCESS OCCUR CLAIMS -MADE CPP1093464 I 04/01/2016'04/01/2017 EACH OCCURRENCE AGGREGATE— $ 6,000,000 $ -- � -- — -i DED RETENTION$ � ------ -- — --- S 6,000,00 B 'ANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? [ ! N 1 A 591300 � 01101/2016101101/2017 PER 1 OTH- STATUTE 1-_ ER [E�1. ACH ACCIDENT $ 500,000 J' (Mandatory In NH) E,L. DISEASE - EA EMPLOYEE; S 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT i — S 500,00 EI i I I i DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES (ACORD 101, Additional Remarks So'bedule, may be attactred i(more space is required) Project - WRRF Centrate Equalization. vcr" lvlvr% VAI4k r -LLA I IU14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pruchasing Manager ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE (D'1988-21114 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and toga are registered inarits of ACORD tx)� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGECOVERAGEFORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 04-01-2016 CPA 104 34 64 Named Insured: THE EWING COMPANY INC, JOHN EWING INDIVIDUALLY Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage AA 4171 1105 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, t_IIUVIJCi„CIILL`Ift-'LaIVd. r-.olf y Number: 04-01-2016 CPA 109 34 64 Named Insured: THE EWING COMPANY INC, JOHN EWING INDIVIDUALLY Countersigned by: a,,,;,e provisions of the Coverage Form apply unless modified by the endorsement. 1, Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA ai77 nn nQ of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract'. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL I, -. FYI:.. i - BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Gc-Yvrauca, Beoing on Page: 1. Employee Benefit Liability Coverage................................................................................. ............. 2 ( Inin4vniiMn�1 �µili�r� 1. f1, t r U_. A f av Vt..vlV yv I Iazc!MC ..... ...... I ....... ..... ............................ v..,.., ......................... 7 5. Uamage to Premises Rented to You ............................ ..... .. . g 4. Supplementary Payments................................................................................................... 9 5. Medical Payments......................................................................................................................:......... 9 B. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.),,, ............................ .................... .......................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 S. Waiver of Subrogation .......... .......... ................................................................10 9. Automatic Additional Insured - Specified Refationshlps:..............................................................10 Managers or Lessors of Premises; Lessor of Leased Equipment; vcs,iuu�5, State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - hermits; and Contractors' Operations 10, Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment....................................................................................... '14 12. Employees as Insureds - Specified Health Care Sarvices:............................................................14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence...............................................................................................:......14 B. Limits of insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000. Aggregate Limit: $ 3,000,000. Deductible: $ 1,000 3. Damage to Premises Rented to You iQUViIs; or b. $500,000 unless otherwise stated 4. Supplementary Payments a. Bail bonds: $ 1,000 m. 6v�a vl aai t rI1 tea. � JOU S. Medical Payments Medical Expense Limit: $ , 10,000 In®ludes.ce} yrighted material of Insurance GA 233 02 07 Servress Office, Inc., with Its permission, Page 1 of 15 6. Voluntary property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a, $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGIw PREMIUM IASIS RATE ADVANCE PREMIUM Employee Benefit Liability Coverage (a Area (b Payroll ( For Limits in Excess of (For Limits in Excess of - COVERAGES: Employee Benefit (C Gross vales $5,000) $5,000) (1) Insuring Agreement d Units acts or services is covered (a) We will pay those sums that 0 Other the insured becomes legally under Supplementary Pay - D. ware, Custody ments. ages caused by any act, er- b ror or omission of the in- $ or Control damages only If the act, er- son for whose acts the in- ror or omission, is negl}- sured is legally !}able, to AL. ANNUAL PREMIUM which this insurance ap- 11. Property Damage to Sorrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. coveraces: have used up the ap- Employee Benefit Liability Coverage plicable1. on limit of int of ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage, No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- b ror or omission of the in- This Insurance applies to sured, or of any other per- damages only If the act, er- son for whose acts the in- ror or omission, is negl}- sured is legally !}able, to gently committed in the which this insurance ap- "administration" of your We plies. We will have the right "em Io ee benefit pro - p y and to defend the in- gram"; and surod. anainst any "suit" seeking 'those damages. 1) Occurs during the pol- However, we will have no icy period, or duty to defend against any 2) Occurred prior to the "suit' seeking damages to effective data of this. which this insurance does endorsement provided: not apply. We, may, at our a=: a) You did not have knowledge of a trl::ia?r..a, t. c11IU wdtwa' a'1.Iy claim or "su}r' that may re- claim or '"stmt' on or before the ef- s�,it. But, fective date of this endorsement, 1) The amount we will. pay for damages Is limited You will be as descried in SEC - deemed to have TION Ill e t rRAr7'44 OV knowledge of a li�JSttAAPlE;and claim or "suit, whenany 2) Our right and duty to defend ends "authorized repre- when we sentative'; Includes copyrighted material of Insurance GA 233 02 07 Services office, Inc., with its permission. Page 2 of 16 I) Reports all, or formance of investment any part, of the vehicles; or act, error or advertising Injury omission to us 3) Advice given to any or any other person with respect to Insurer; that person's decision fi) Receives a to participate or not to participate in anyIan written or ver- bal demand or included in the '�em- ployee benefit claim for dam- pro- gram". ages because Act of 197,4, as now of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Criminal or Malicious Act Any claim arising out of b) There is no other your failure to comply with � p{irahlra lnsttr- the mandatory provisions of any workers' compensation, (2) Exclusions unemployment compensa- tion insurance, socia! secu- This insurance does not apply rfty or disability benefits law to: or any similar law. (a) Bodily Injury, Property Damage or Personal and (9) ERISA advertising Injury Damages for which any in - sured is liable because of "Bodily injury" "property lia.bliity imposed on a €iduci- ad rtes V" Ny J`�"Q' Ul"' advertising injury". ary by the Employee Re- tirement Income Security or Act of 197,4, as now (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or Damages arising out of any local laws. intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits including thin willful ruck- are available, with reason - less violation of any statute. st able effort and cooperation of the Insured, from the ap- (c) Failure to Perform a Con- pilcable funds accrued or tract. other collectible insurance, Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer, Taxes, fines or penalties, including those imposed IAN (s..f .__-- s`j* � .. . �avwrsiv�vip+sji g—yiy under the internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under Employment -Related any plan included in the Practices AempToyae benefit pr -o- Any liability arising out of any: encs ai Inves[ment-r`;i�d- (1) Refusal to employ; Mace Given With Ipesnont to participation () Termination of em - ployment; Any claim basad upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment to perrorm, ment, discipline, defa- mation. , harassment, 2) Errors in providing In- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Ino., with its permission. page 3 of 15 ment-relatod practices, acts or omisslons; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or In any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments t3LC 11 i0N i COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage, b, Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION fl - WHO is AN INSURES; is deleted in its en- tirety and replaced by the following.- (1) ollowing:(1) If you are designated in the Doclarafions as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner, (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured, Your members are. also'fnsureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your rTlanaryarc_ :!:I ng4;rrrrrch:tn inint uAmf7r;2 or IImited IiabI* company, r uu diw wi insured. Your 'executive officers" and df - rectors are Insureds, but only with respect to their duties as your officers or di- reotors, Your stockholders are also Insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured; (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or ,ormployees' having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re - to duties as such. Thttt representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization, However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the and of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired- or formed the or- ganization. c. Limits of insurance As respects Employee Benefit Llabil- tiW'� SECTION III - LIMITS ..i33�1'IELi �S Ll�t�t83 In its Sri- ureiy and replaced try the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1, Employee Benefit Li- ability Coverage and therules below fix the most we will pay roaz�:d.ass of the number of: (a) Insureds; Includes copyrighted material of Insurance QA 233 02 07 Services Office, Inc., with its permission. Page 4 of 16 (b) Claims made or "suits" (b) The deducUblo amount brought; stated in the Declarations (c) Persons or organizations applies to all damages sustained by any one "em - making claims or bringing#oyes", "suits"; including such employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this #nsur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section S. Limits of Insurance, to: 1. Employee Benefit Liabilityty Coverage of th#s endorsement 1) Our right and dui to Is the most we will pay for all defend the insured damages because of acts, sr- rors or omissions negligently against any "suits" seeking those dam - committed In the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program . duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply Irrespective of the Benefit Liability Coverage of this endorsement is the rnac;t wA tton of the deductible application win pay Tor au aamages sus- ount. tained by any one "employee", including damages (d) We may pay any part or all sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid, that lapses between such d„ Additional Conditions acts, errors or omissions, negligently committed in the a n dd "administration""am- As respects Employee Benefit Li- i- ability Coverage, SECTION IV - a of your mm#enelit b playee benefit program". COMMERCIAL GENERAL LiABIL- ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not exceed, and will be suhiArt fn (1) Item 2, Duties in the Event of the limits and restrictions that Occurrence, Offense, Claire or Suit is deleted in its entirety and apply to the payment of benefits reptaced by the following: In any plan included in the em= ployee benefit program". 2: Duties- In the Event of an Act, Error or (4) Deductible Amount Omission, or Cisme or Suit e, voly, must see to it that we are not# - had as soon as practicable of an act, �=, -vf ar omission which may result in a claim. To the extent possible, no - amount of damages in ex- floe should include: cess of the -aeaucaaie amount stated In the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of Insurance shalt not • ba (2) The names and addresses of .radui ,',d by lila amount of anyone who may suffer dam - this deductible, ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 6 of 15 b. If a claim Is made or "suit" is brought against any insured, you must; (1) Immediately record the specifics of the claim or "suit" and the data received; and (2) Notify us as soon as practicable. You must see to It that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: ('i) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ouived in connection Wiu" the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit", and W Assist #is, upon our reddest, in the enforcement of any right against any person or organiza- tion which may be liable to the Insured because of an act, error or omission to which this Insur- ance may also apply. d3 No Insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Cather Insurance if other valid and collectible insurance is available to the Insured for a loss we cover under this Coverage Dart, our obligations are limited as follows; a. Primary Insurance ha14AF -nnn ieae Insurance is primary, ..-- - affUU11v truila 431 irui affected unless any of the other insurance Is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other Insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other In- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of Its applicable limit of In- surance to the total ap- plicable limits of insur- ance of all Insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage tart. e. Additional definitions As respects Employee Benefit l- ability Coverage, SECTION V - DEFINI'TIONS Is amended as fol- lows; ('t) The following definitions are added: 1. "Administration" means: a. Providing information to "empio ees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs'; err Interpreting the "em- ployee benefit pro- grams"; c. Handling records In connection with the "employse benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation includes copyrighted material of Insurance OA 233 02 07 Services Office, Inc., with its permission, Page 6 of ^I5 GA 233 42 07 In any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation pians, includ- does not include; ing buy and sell pro - a. Handling payroll de- grams; leave of ab- sence in- ductions; or programs, cluding military, mater - b. The failure to effect or nity, family, and civil maintain any Insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, talion and health club including but not limited subsidies. to unemployment in- surance, social security (2) The following definitions are benefits; workers` corn- deleted in their entirety and re - placed by the following: benefits, .' 21. "Suit" means a civil pro - 2. "Cafeteria plans" means ceeding in which money damages because of an plan authorized by applica- ble law to allow "employ- act, error or omission to ees" to elect to pay for oar- which this insurance applies taln benefits with pre-tax are alleged. Suit includes; dollars. a. An arbitration pro - 3. "Employee benefit pro. ceeding in which such damages are claimed erraPnc" enaanc a nrnesrssin providing some or all of the and to which the in - following benefits to "em- cured must submit or does submit with our ployees", whether provided "cafeteria consent; through a plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - ceeding in which such group accident or health insurance; den- damages are claimed tai, vision and hearing and to which the In - sured submits with our plans; and flexible spending accounts; consent; or provided that no one c. An appeal of a civil other than an "em- proceeding, ployee" may subscribe to such benefits and S. "Employes" means a per - such benefits are made son actively employed, for - generally available to merly employed,on leave those "'employees" who of absence or disabled, or satisfy the nlan's Mini- retired. "Employee" in- bility requirements; eludes a "leased worker". b. Profit sharing plans, "Employee" does not in - clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- Brits cion plans and Gt1Vn ,V - COMMERCIAL GENERAL !?`'tt CONDITIONS,. 7.' Represen- - wu�a� ii�an rations is hereby amended by the addt- an ployee" may subscribe din- tion of the following: to such' beneilts and such benefits are made Based on our dependence upon your hazards, if generally available to all "employees" representations as to existing unintentionally you should fail to disclose who all such hazards at the Inception date of P yourpolicy, we will not reject coverage. under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of insurance Services Office, inv., with its permission. Page 7 of 15 3; Damage to promises Dented to You e) Settling, cracking, a. The last Subparagraph of Paragra h shrinking or ex- t. SECTION I - COVERAGS, pension; or COVERAGE A. - BODiLY INJURY f} Nesting or Infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of feted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in- to damage by fire, explosion, light- sects, birds, ro- dents or other ning, smoke or soot to premises while rented to you or temporarily animals. occupied by you with permission of (b) Loss caused directly or indi- the owner. roctly by any of the follow- b. The insurance provided under SEC- Ing' TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND. PROP- eruption, landslide or ER:TY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to promises that are both rented to and occupied by you. 2) Water that backs up or (1) As respects Water Damage Le- overflows from a sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press- Ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted and the following are added: b) Basements, whether paved or This insurance Moes not apply not; or to: C) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freex- a) Wear and tear; Ing, unless: I mist, uirroai0n, 1) You did your best to maintain heat in the fungus, decay, deterioration, bid- building or structure; or don or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water .supply If the causes it to dam- heat was not main- - .._.. talned. -' td) ' Loss to or damage to: c) Smog; i) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown In- tection systems, or cluding rupture or other equipment or ap- bursting- caused pliances; or centrifugal fo fo rce; 2) The interior of arty building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. page 8 Of 15 caused by or resulting from rami snow, sleet or Ice, whether driven by wind or not, c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Doclara- tions is amended as follows: Paragraph (2) LIMITS F INSURANCE III is hereby deleted and replaced by the following: o. Subject to S. above, the Damage to Premises Rooted to You Limit is' the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to ou or temporarily occupied y you with permission of the owner, arising out of which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Sail Bonds of this endorsement for cost of .bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. All reasonable expenses incurred by ille insured kt, Ouf r6quest'to assist us In the investigation or defense of the claim or "suit", includinp. actual loss of eamtngs up to the limit shown in Section B. Limits of Insurance. 4-b. LOSS Ot Itaminets Of this. an- aorsementper clay Decause of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section S. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of opp_ orations Incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession, With your consent, we will make these payments regardless of fault. b„ Care, Custody or Control Liability Coverage SEC TION I r COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,. Damage to Property, Subparagraphs (3), (4) and () do not apply to "property damage" to the property of others described therein. With respect to the insurance provided byy this section of the endorsement, the fol, lowing additional. provisions apply: a, The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsementwith respect to cover- age provided by this endorsement. These limits are Inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- aRo and Care, Custody or Control _-;timy Coverage of this endorse - fix the most we will pay In any 01-10 "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits", Includes copyrighted material of Insurance GA 233 02 07 Set -Vices Office, Inc., with its permission, (Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of insurance, 6. Voluntary Prop- erty Damage and Gare, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claire or "suit" Irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION 11 - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing - a. insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; 8. Waiver of Subrogation SECTION iV - COMMERCIAL GENERAL LIABILITY COND171ONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arsrng out of your on- going operations or "your work" done un_ -nnri it'tcLtr3a_ ri :in tha `inrne ltrie rnm.,tcx►c R operations hazard". However, our rights iiidy unly ue wti1vt3a prior to -.the `occur- rance" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a toss to impair our rights, Atour request, the insured will bring suit" or transfer those rights'to us and help us enforce those rights, 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION 11- WHO IS AN INSURED: (1) Any, person or organization de- scribed in Paragraph 9.6.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of I nsurance showing that per- son or organization as an additional insured has been Issued, is an Insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- dod; and 2) Executed prior to an "occurrence" Or to to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to ,"- 9.Insuranoe, but only _*TW5 5 respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you: subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after includes copyrighted material of Insurance GA 233 02 07 Services Office, lnc., with its permission. Page 10 of 15 you cease to be a ten- ant In that promises. 2) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance. Such persons) or or anlzafion(s) are insureds solely with respect to their i;a.rrlii � � iii �� �:.'t �`• iry maintenance, operation or use by you of equipment leased to you by such per- sons) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1) above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to; a) "Bodily injury" or "C]ropertV clamnnnn" for whiA the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity In a contract or app"Y W iiaDliltY Tor damages that the .1Q,lacr 11 -fro 11d have in the ab- sence of the con- tract or agree- ment; b) Any express war- ranty unauthorized by you; Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc,, with Its permission. c) Any physical or chemical change in the product made Intentionally by the vendor; d) Repackaging, un- less unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structons from the manufacturer, and then repackaged in the original container; e) Any failure to make such In- spections, adjust- ments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, In connection with the distribution or sale of the prod- ucts; t) Domonstraf on, In- stallation, servic- ing or repair op- eradons, except such operations performed at the vendor's premises in connection with the sale of the product; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2) This insurance does not apply to any In- sured person or or- ganization: a) From whom you have acquired such products, or any ingredient, part or container, entering into, ac - Page 11 sof 15 companying or containing such 2) This insurance does "bodily products; or not apply to in- Jury", "property dam- b) When liability In- age" or "personal and eluded within the advertising injury" aris- "products- ing out of operations completed opera- performed for the state tions hazard" has or political subdivision. been excluded under this Cover. (t) Any person or organization age Part with re- with which you have agreed perParagraph 9.a.(1) spect to such products. above to provide Insurance, but only with respect to Ik J (�j An sista or political subdl- ability arising out of "your vision with which you have work performed for that agreed per Paragraph additional insured b you or 9,a.(1) above to provide rn- on your behalf. A peron or surance, subject to the fol- organization's status as an owing additional provision: Insured under this provision of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has In no event beyond the ex- issued a permit in connec- piration date of this Cover, tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance aptilias: meat, or if no period of time 1} Tli® existence, mainte- is required by the written contract or agreement, a nance, repair, con- struction, erection, or person or organization's status as an insured under removal of advertising this endorsement ends signs, awnings, cano- Pies, collar entrances, when your operations for that insured are completed. coal holes, driveways, manholes, marquees, (3) Any Insurance provided to an hoist away openings, additional insured designated sidewalk vaults street under Paragraph banners, or decors- tions and similar expo- (a) Subparagraphs (e) and (f} sures;or does notapp y to 1 " bodily injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of els- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any and (f) does not apply to 'bodily elevators covered by injury", "property this insurance. damage" or "personal and (e) An state or political subdi- advertising injury" arising, out of the sole negligence visron with which you have or willful miscondtf6l of the agreed agreed per Paragraph ... _ .. .. .. additional insured or their erTloyees" Or any lowlnrl pro lslr rrs: 'tapreser#}altve of the, additional' insured; or 1) This insurance annlies (o) Subparagraph (f) does not only with respect to op- apply to "bodily injury", orations performed by "property damage" or "per- yooru or on the your ir h sonal and advertising injury" ^state o subdivision has arising out of: su1,44—1 ed a permit. 1) refects in design fur- nished by or on behalf CA 233 t)2 07 Services copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi. 2) The rendering of, or Vona! Insured, and such other insurance policy shall failure to render, any professional architec- be excess and / or noncon- tural, engineering or tributing, whichever applies, with this insurance. surveying services, in- cluding: (b) Any Insurance provided by a) The preparin this endorsement shall be primary to other insurance approving or fail- Ing to or available to the additional prepare insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, In SECTION IV surveys, field or- COMMERCiAL GEN- ders, change or- ERAL LIABILITY ;IE}rw al: 4t Yin;= CONDITIONS, 5. Other specifications, Insurance, b. Excess aand nd insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tonal insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated (wrap-up) insurancs nroaram has dorsement to another been provided by the Insurance policy that iu primecontractor-project written on an excess basis. in SUCK case, manager or owner of m the construction project the coverage provided ` in which you are In- under this endorse- ment shall also be ex- ° volved cess. . Ib. Only with regard to insurance pro- (2)Oondifxon vided to an additional Insured desig- 11. Conformance to nated under Paragraph 9.a,(2 Sub- Specific; Written Contract or Agreement Is hereby added: paragraph (f) above, SECTION Ill LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract. or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or In insureds described in Para- the declarations of this Coverage graph 9.a.(2)(o above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or ii there is no written agreement between you contract or agreement, the limits ap- and the additional insured piicable to the additional Insured are specifies that coverage for those specified in the [declarations of the additional insured: this Coverage Part. The litnits of n- surance are inclusive of and not in a, p BeI� r�rF�ded the fn- to the limits of insurance oe Services Of- lice lice additional insured form number CG 20 14 Sm rig €€r rn _ Mr_Rr1At_ GPM or CG 29 37 (where ERAL LIABILITY COND171ONS is edition specified); or rlviravy CAI !IfiFttit)u'ttg full u; - b, Include coverage for (1) Condition 5. Other Insurance Is completed operations; amended to include: or fn1 r kanm t,! 3 c. include coverage for contract or ngredment, this your work"; insurance is primary and / or noncontributory as re- and where the Ilmits or cov- erage provided to the add!- Includes copyrighted material of Insurance Cit 233 02 07 Services Office, Inc., with its permission. page 13 of 16 tional insured Is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached, if, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9..a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50" of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a, The following Is hereby added to Ex- clusion j. Damage to Property of Paragraph 2.,. Exclusions of SEC- TION I - COVERAGES, COVERAGE A. 13ODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment ioaned to you, provided they are not being used to perform opera- tions at the time of loss. 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of; (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of. fense, Claim or Suit, ap- plies to each claim or "suit irrespective of the amount. (c) We ma pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It Is hereby agreed that Paragraph 2.a.(1f)(d) of SEC11ON it - WHO iS AN INSURE6, does not applyy to your "em- ployees" who provide pUssional health care services on your behalf as duly li- censed: b. With respect to the insurance pro- a. Nurses; vided by tall section of the en- dorsement, the following additional b. Emergency Medical Technicians; or € I arras orf es or rns�=taros mown :r the jurisdiction where an "occurrence" fn the Declaratfons ars replaced or offense to which this insurance applies by the limits cfesiammnel in Sot. takes place. tion B. t.imilts of fin* s'- 11. of this endorsoment with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in I r •�-' - --= a Occurrence --vru.�ryv yr airu iFvc ttt �[�.t41iIjCil'1 (ti .try �r-.vv�ra yr , C?ff6rl88, the limits being replaced. The Clalm or Suit (SECTION IV - COMMER- Limits of insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) Is hereby deleted and replaced (2) The names and addresses of by the following. any injured persons and wit - a. You must see to It that we are noti- nesses; and Pied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which Injury ar damage arising out of may result In a claim. To the extent the occurrence or offense. possible, notice should include; This requirement applies only when (1) How, when and where the "oc- the "occurrence" or offense is known currence" or offense took place; to an "authorized representative", Includes copyrighted material of insurance GA ?33 02 07 Services Office, Inc., with Its permission. Page 16 of 15 eTRAKiT Home I Setup an Account I Log In LiLOGIN ❑ REMEMBER ME Forgot Password Permits Search Permit Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Page 1 of 1 Public Works Search S % Search Again Download Results Printable View Company Name License Number Work Category(s) License Type License Class Status Applicant Name The Ewing Co., Inc. PWC -C-12003 00001, 00002, 00003 1, 2, 3, 5 UNLIMITED ACTIVE The Ewing Co., Inc. First Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-12003 Lic Info Registration #: PWC -C-12003 Issue: 7/7/2016 Expire: 7/31/2017 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: The Ewing Co., Inc. Phone: (208) 377-1500 Celt: Pager: Fax: (208) 376-1481 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 forthe data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 NOME I CONTACT 1-,4tr�o•//«roi� r41— ir1c,h- -r/ATT? CIL,, RAil /7()1 F. IDSOS Viewing Business Entity Page I of 3 IDAHO ECRET RY OF STATE `'i` Viewing Business Entity ' Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for EWING CO. INC. (THE) ] [ Monitor EWING CO., INC. (THE) businessfilings ] CO.,EWING 1500 EL DORADO STE 4 BOISE, ID 83704 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 08 Oct 1982 State of Origin: IDAHO Date of 08 Oct 1982 Origination/Authorization: Current Registered Agent: JOHN R EWING 1500 EL DORADO BOISE, ID 83704 Organizational ID / Filing C52206 Number: Number of Authorized Stock 5000 Shares: Date of Last Annual Report: 20 Aug 2015 Annual Report Due: Oct 2016 [ Heir) Me Printf View TIFF ] Filed 08 Oct 1982 INCORPORATION View Image (PDF format) View Ima e (TIFF format) Amendment Filed 05 Sep OTHER - 1979 R/A Amendment Filed 13 Dec ARTICLES 2012 RESTATEMENT Amendment Filed 05 Feb ARTICLES 2013 RESTATEMENT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT 19ttnc•//XXTXXTXx7 a�rPcei rlahn nrar/nnhlin/enc/nnrn/(''S��(1F lhtml Image (TIFF format) View ..e (PDF format) View .r -format) View .. (PDF format) - View .. (TIFF format) - I111111111n, - . _ View Document Online View Document Online DocumentView Online OnlineView Document View Document Online 8/4/2016 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 4U PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to Challenger Companies Inc. for the WRRF PLC Upgrades 2016 project for a Not -To -Exceed amount of $89,737.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 8/4/2016 REQUESTING DEPARTMENT PW ENGR Project Name: WRRF PLC UPGRADES 2016 Project Manager: Emily Skoro Contract Amount: $89,737 Contractor/Consultant/Design Engineer: Challenger Companies / CH21M Hill Is this a change order? Yes ❑ No 0 Change Order No. IL BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes 0 No ❑ Construction 0 GL Account 94300 FY Budget: FY16 Task Order ❑ Project Number: 10696.b Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes No ❑ Grant ❑ IV.GRANT INFORMATION - to be completed only on Grant funded projects Grant It: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. ` BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes ❑ No 0 If no please state circumstances and conclusion: Only one bidder. Date Award Posted: 7/27/2016 7 day protest period ends: August 6, 2016 V1. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License PWC -C42879 Expiration Date: 3/31/2017 Corporation Status Goodstanding Insurance Certificates Received (Date): 8/3/2016 Expiration Date: 1/15/2017 Rating: A++ Payment and Performance Bonds Received (Date): 8/3/2016 Rating: A Builders Risk Ins. Req'd: Yes ❑ No 0 if yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 4, 2016 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) UTP Date: Contract Request Checklist.5.24.2016. Fin a I Aft To: Jacy Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 08/04/16 Re: August 9t" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Challenger Companies Inc. for the WRRF PLC Upgrades 2016 project for a Not -To -Exceed amount of $89,737.00 Recommended Council Action: Award of Bid and Approval of Agreement to CHALLENGER COMPANIES, INC. for the Not -To -Exceed amount of $89,737.00 Thank you for your consideration. • Page 1 Mayor Tammy de Weerd E IDIANt-�� city c®seed! Members' Keith Bird ® I D A H O lee Borten Lube Cavener irublic Genesis Milam Ty Palmer Works D"'llepartment Anne Little Roberts TO: Keith Watts Purchasing Manager FROM: Emily Skoro Staff Engineer II DATE: 08/2/2016 SUBJECT: CONSTRUCTION AGREEMENT FOR WRRF CONTROL ROOM, DIGESTER PLC, AND POST AERATION UPGRADES PROJECT WITH CHALLENGER COMPANIES, INC. FOR AN AMOUNT NOT TO EXCEED $89,737.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The City of Meridian uses programmable logic controllers (PLCs) to control the Supervisory Controls and Data Acquisition (SCADA) system at the Wastewater Resource Recovery Facility (WRRF). Many PLCs are outdated and no longer allow for full integration into the SCADA system. Replacing the old PLCs with new ones will enhance the current functionality of the SCADA system, allow for automated maintenance procedures and reduce future upgrade time. This project is next in the series of PLC upgrades to take place at the WRRF. B. Proposed Project Challenger will provide construction services to convert the existing PLC hardware and software to the City's established PLC standard. Page 1 of 2 IMPACT A. Fiscal Impacts The Plant PLC Replacements Enhancement budget is $000,000 for FY 16. This project ixone oFmany PLC upgrades included iothe Enhancement.]he construction bid amount for this project is not to cscond $89,737.00. Project Costs: ,----------------------------- ---------------------------------------- ,__________.-----_. �FiacolYsnz20l6 `-----------------^----------------'^-------------- --- Control Room -Cozdro]R000z $89J37.00 ! � and Post Aeration PLC ! Upgrades ConaCnzolnoo Projec�------------!-------------- Total ---�-----------------'� � � � $89� �---------_-_----'+----------___--_'+ ---------------------------------- .------------------^------------------ --------------- ^------------------------------------ ! | Total -Project ! � ��������������������������l�roi�otCost Remaining Funding Available: --------------------------- ------ P�. � o`/oar � /1000uo1�o�o/(�o�oa � � �__oa]__---_-______-____-_;___-____-__----__'� �F}16 3590-44300 $12010600� ------------------------- ---------------------------------- -_________-_-'^--___� � � To[al , $/7010600� ---------------------------------~-------------`^----- 13. Time Constraints Construction project ' is Project completion is planned for the � . Departmental _'`,p --v-_. Page 2 of 2 m for the �quarter ofFYI 6. III. IMPACT A. Fiscal Impacts The Plant PLC Replacements Enhancement budget is $800,000 for FY 16. This project is one of many PLC upgrades included in the Enhancement. The construction bid amount for this project is not to exceed $89,737.00. Project Costs: _.-- Fiscal Year 2016 Control Room, Digester, $89,737.00 and Post Aeration PLC Upgrades Construction Proj ect ----------- _ --------- --- - -- Total $89,737.00 Total Project Cost $89,737.00 ------------ Remaining Funding Available: Fiscal Year Account Code / Codes - _----------- --------- '_. --- _ FY16 3590-94300 $120,106.00 _. ___ -__._-------_ ,..------------------_. _ Total Fundmg ; _ $120,106.00 _: B. Time Constraints Construction project implementation is Project completion is planned f`3r the 1� Departmental Approval: Page 2 of 2 for the 4th quarter of FY16. of FYI 7. J M U) W w w W O M N CD TM O N ti N W Q W O z O H V m 0 N U) W a D v J a. m H- z m O Q m sqns # oil pua8 Me 6 wnpuapp pau6is w O 0 z W > onn■m City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2015 Through 9/30/2016 Date: 8/4/16 10:41:16 AM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 94300 Capital - Electronics 0000 NON -DEPARTMENTAL 0.00 (458.49) 458.49 0.00% 10050.c WRRF Centrate Equilization 16,770.00 16,769.91 0.09 0.00% 10521 WWTP PLC Replacements 239,307.02 27,910.25 211,396.77 88.349. 10521.a WWTP Aeration PLC 50,086.39 50,086.39 0.00 0.00% Replacements 10521.b WWTP Plantwide PLC 0.00 77,770.80 (77,770.80) 0.00% Replacements 10521.e WRRF Centrate PLC 80,000.00 40,000.00 40,000.00 50.00% Replacement 10596 WWTP PLC Replacements - 253,805.02 0.00 253,805.02 100.00°% Digester 4 and 5 10596.a WWTP PLC Replacements - 0.00 129,845.39 (129,845.39) 0.001-. Digester 4 and 5 - Design 10596.b WRRF PLC Replacements - 0.00 66,057.60 (66,057.60) 0.00% Digester 4 and 5 - Construction 10611 WRRF - Lift Station 15,000.00 13,373.02 1,626.98 10.85% Control Software Integration for Oaks, L 10622 PLC 2 Control Room and 93,541.62 93,541.62 0.00 0.00% Digester PLC 3 Upgrades 10622.a PLC 2 Control Room and 200,880.00 200,880.00 0.00 0.00% Digester PLC 3 Upgrades - Design 10622.b WRRF PLC 2 Engineering 0.00 24,970.00 (24,970.00) 0.00% Support Services 10648 PLC 4 Post Aeration 0.00 31,167.81 (31,167.81) 0.00% 10648.a WRRF Post Aeration PLC4 202,720.00 202,720.00 0.00 0.0090 and Reuse PLC Upgrades - Design 10679.a Wastewater and Water Dept 0.00 26,350.00 (26,350.00) 0.00% SCADA Application Merge 10692 PLC 3 0.00 3,020.60 (3,020.60) 0.00% 10692.a PLC 3 - Engineering 26,626.06 39,204.55 (12,578.49) (47.24)% Support Services 10694.a Clarifier 3 PLC - 1,838.95 17,258.95 (15,420.00) (838.52)% Engineering Support Services Total Capital Outlay 1,180,575.06 1,060,468.40 120,106.66 10.17% TOTAL EXPENDITURES 1,180,575.06 1,060,468.40 120,106.66 10.17% Date: 8/4/16 10:41:16 AM Page: 1 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF PLC UPGRADES 2016 PROJECT # 10696.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9t' day of August, 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 CHALLENGER COMPANIES, INC. hereinafter referred to as "CONTRACTOR", whose business address is 1415 Madison Ave, Nampa, ID 83607 and whose Idaho Public Works Contractor License # is C -12849 -AA -1-4 INTRODUCTION Whereas, the City has a need for services involving PLC PANEL INSTALLATION; 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, WRRF PLC UPGRADES 2016 page 1 of 14 Project 10696.B state and city laws, ordinances, regulations and resolutions. The Contractor 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 $89,737.00. 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. WRRF PLC UPGRADES 2016 page 2 of 14 Project 10696.B 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City 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 no later than date listed in the Payment Schedule below. 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 $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall achieve Final Completion by the date listed in the Payment Schedule below. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WRRF PLC UPGRADES 2016 page 3 of 14 Project 10696.8 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this 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. WRRF PLC UPGRADES 2016 page 4 of 14 Project 10696.B 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain 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 WRRF PLC UPGRADES 2016 page 5 of 14 Project 10696.6 or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: 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 WRRF PLC UPGRADES 2016 page 6 of 14 Project 10696.8 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.o[g/environmental.asDx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or WRRF PLC UPGRADES 2016 page 7 of 14 Project 10696.8 representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. ' 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: WRRF PLC UPGRADES 2016 page 8 of 14 Project 10696.6 Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement 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 WRRF PLC UPGRADES 2016 page 9 of 14 Project 10696.B 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. 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 Challenger Companies, Inc. Purchasing Manager Attn: Joe Gastelecutto 33 E Broadway Ave 1415 Madison Ave Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: (208) 461-0608 Email: joe@challengercompanies.com Idaho Public Works License # 12879 -AA -1-4 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. WRRF PLC UPGRADES 2016 page 10 of 14 Project 10696.B 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERID Challenger Companies, Inc. BY: ' BY: �— TAMMY de RD, MAYOR 4 --song tu)t x a'4J i Dated:26 �/9Dated: q1 Approved by Council A"""l .t F AtteS : Q� � CITY CL. RK (1V of w �" bVi IDIS IAN - �to }lfJ `rt2 Q� 1�0AHO� J 1 I4 t Purchasing Approval SEAL D rt a 't Appr a BY:�yrF'Qotthe TIiEp`SJ�Y; - ---_ KEIT ATTS, urc asing Manager W RREN STEWA , Engineering Manager Dated::,' Dated:: z6b& Project Manager Emily Skoro WRRF PLC UPGRADES 2016 page 11 of 14 Project 10696.8 REFER TO INVITATION TO BID PW -1647-10696.B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1647-10696.B, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Plans — 90 PERCENT STAMPED DRAWINGS by CH2M HILL dated July 2016 (42 pages) • 90 PERCENT DESIGN SPECIFICATIONS — PLC 2, PLC 3, PLC 4 UPGRADE by CH2M HILL dated July 2016 (66 pages) Supplemental Preliminary Work Sequence WRRF PLC UPGRADES 2016 page 12 of 14 Project 10696.B Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $89,737.00 WRRF PLC UPGRADES 2016 page 13 of 14 Project 10696.8 WRRF PLC UPGRADES 2016 page 14 of 14 Project 10696.8 SINFOPLGOOP1 Inflyent Aiea PLC: 4.a Materials 1 LS $15,547.00 4.b Labor 1 LS $5,613.00 Post Aei atioriRanel PLC4 5.a Materials 1 LS $4,387.00 5.b Labor 1 LS $5,613.00 Operations Building Papei PLC2 6.a Materials 1 LS $4,887.00 6.b Labor 1 LS $5,613.00 WRRF PLC UPGRADES 2016 page 14 of 14 Project 10696.8 Exhibit C Clarification regarding Sales and Use Tax. -90 PERCENT STAMPED DRAWINGS by CH2M HILL dated July 2016 (42 pages) did not include a total amount for any owner supplied materials in which the contractor would be responsible for paying Use Tax to the State of Idaho. Since this was not available at time of bid any additional costs Challenger might incur to cover Use Tax for owner supplied materials will result in a change order to the original contract to cover Use Tax. Ali Document A312TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa,, Idaho 83687 OWNER: )Vame, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: August 3, 2016 Amount: $89,737.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NM 03431 Description: (Name and location) Project No, 10696.8 WRRF PLC Upgrades, 2016 BOND Date: August 3, 2016 (Not earlier than Construction Contract Date) Amount $89,737.00 I4cdifi1cations to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Challenger Companies, Inc The Ohio Casualty Insurance Company Signature;.-�-� ,, rr ""' s Signature?Jet Names O,� p 4T andTitlo:'�t�y,Fi1T Name oltha s, ttorney-In-Fact and Title: (Any additional signatures appear on the last page of thance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party;) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Intt AIA POcurasnt A31210— 2010. Tho American Institute of Architects. Bond No. 023-034-010 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modifloabon, Any singular reference to Contractor, Surety, Owner or other party shall be Considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one fort. This is not a single combined Performance and Payment Bond, 0611,0 E § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3,1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5,1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or In part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Intt AIA Document A212^1 — 2010. The American Institute of Architech. § 7 If the Surety elects to act under Section 5. 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performancc of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 0 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, Including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Inn. AIA Document A312Tr — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: None (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: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst AIA Document AMT" — 2010. The American institute of Architects. #AIA TM Document A312 .2010 Payment Bond Bond No. 023-034-010 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Challenger Companies, Inc of business) The Ohio Casualty Insurance Company 1415 Madison Ave Maple Ave This document has important legal e Ke Nampa, Idaho 83687 Keene, NH 03431 consequences. Consultation with OWNER: an attorney Is encouraged with (Name, legal status and address) respect to its completion or modification. City of Meridian 33 E Broadway Ave Any singular reference to Meridian, Idaho 83642 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: August 3, 2016 AIA Document A312-2010 combines two separate bonds, a Amount: $89,737.00 Performance Bond and a Payment Bond, Into one form. Description: This is not a single combined (Name and location) Project No. 10696. B Performance and Payment Bond. WRRF PLC Upgrades, 2016 BOND Date: August 3, 2016 (Not earlier than Construction Contract Date) Amount: $89,737.00 Modifications to this Bond: ® None 13 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company; (Corporate Seal) Company: (Corporate Seal) Ch211enger Companies, Inc The Ohio Casualty Insurance Company Sign Signature: Name so^/ bv"ez*l- Name J et K Holtha s, Attorney -In -Fact and Title: r�'r ¢S oOfA) and Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or otherparty:) 5605 Overland Rd, Boise, ID 83705 Phone (208) 345-4177 Fax (208)384-1677 Init AIA Document A3121" - 2010. The American institute of AmMects. - 061110 6 § i The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If theContractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13), § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that insufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5, I.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions; § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 Tho Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Intl AIA Document A312TM - 2010. The American Inatffute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent Jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5. 1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, Init. AIA Oooument A312n — 2010. Tha American InstItuts of ArchHacts. § 16,4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond areas follows: None (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: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Intl AIA Docummd A31219 - 2010. The Ammim inatlhile at Amhlb ctk 8 t THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Iffnits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 7303943 American Fire and Casualty Company Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Janet K.iHolthaus; Karyl A. Richter all of the city of Boise state of ID each individually if there be more than one named; its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2016 r�,t, c-as6 ��Y est, suq n,u,r Arnerican Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company K 1906 p O 1919 n > 1912 ° 1991 3 7stmerican Insurance Company aBy:,nv w� ^ leo STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary ro COUNTY OF MONTGOMERY dOn this 29th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v a) Casualty Company, Liberty'Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ns d > IN WITNESS WHEREOF, I!have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. gyp, PAS?r COMMONWEALTH OF PENNSYLVANIA Notarial seal Teresa Pastelia, Notary Public By M0) of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public O a� My. Commission Expires March 28,201 ` QY 1"�, Member, PennsyWn(a Association of Notaries 1 cN o This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Mm ARTICLE IV — OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject t to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, o acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. M C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > E? and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, b v seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect 4 though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of t'f t l 204-- (-4s& 0 tAsh, h��f IYVSOI�175U,y� Shysugt I, Y ' 1406 0 0 1919 n `- 1912 1541 By. Gregory W. Davenport, Assistant Secretary 18 of 100 LMS_12873_122013 Ali Document A312TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa,, Idaho 83687 OWNER: )Vame, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: August 3, 2016 Amount: $89,737.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NM 03431 Description: (Name and location) Project No, 10696.8 WRRF PLC Upgrades, 2016 BOND Date: August 3, 2016 (Not earlier than Construction Contract Date) Amount $89,737.00 I4cdifi1cations to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Challenger Companies, Inc The Ohio Casualty Insurance Company Signature;.-�-� ,, rr ""' s Signature?Jet Names O,� p 4T andTitlo:'�t�y,Fi1T Name oltha s, ttorney-In-Fact and Title: (Any additional signatures appear on the last page of thance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party;) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Intt AIA POcurasnt A31210— 2010. Tho American Institute of Architects. Bond No. 023-034-010 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modifloabon, Any singular reference to Contractor, Surety, Owner or other party shall be Considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one fort. This is not a single combined Performance and Payment Bond, 0611,0 E § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3,1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5,1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or In part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Intt AIA Document A212^1 — 2010. The American Institute of Architech. § 7 If the Surety elects to act under Section 5. 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performancc of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 0 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, Including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Inn. AIA Document A312Tr — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: None (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: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst AIA Document AMT" — 2010. The American institute of Architects. #AIA TM Document A312 .2010 Payment Bond Bond No. 023-034-010 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Challenger Companies, Inc of business) The Ohio Casualty Insurance Company 1415 Madison Ave Maple Ave This document has important legal e Ke Nampa, Idaho 83687 Keene, NH 03431 consequences. Consultation with OWNER: an attorney Is encouraged with (Name, legal status and address) respect to its completion or modification. City of Meridian 33 E Broadway Ave Any singular reference to Meridian, Idaho 83642 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: August 3, 2016 AIA Document A312-2010 combines two separate bonds, a Amount: $89,737.00 Performance Bond and a Payment Bond, Into one form. Description: This is not a single combined (Name and location) Project No. 10696. B Performance and Payment Bond. WRRF PLC Upgrades, 2016 BOND Date: August 3, 2016 (Not earlier than Construction Contract Date) Amount: $89,737.00 Modifications to this Bond: ® None 13 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company; (Corporate Seal) Company: (Corporate Seal) Ch211enger Companies, Inc The Ohio Casualty Insurance Company Sign Signature: Name so^/ bv"ez*l- Name J et K Holtha s, Attorney -In -Fact and Title: r�'r ¢S oOfA) and Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or otherparty:) 5605 Overland Rd, Boise, ID 83705 Phone (208) 345-4177 Fax (208)384-1677 Init AIA Document A3121" - 2010. The American institute of AmMects. - 061110 6 § i The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If theContractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13), § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that insufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5, I.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions; § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 Tho Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Intl AIA Document A312TM - 2010. The American Inatffute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent Jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5. 1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, Init. AIA Oooument A312n — 2010. Tha American InstItuts of ArchHacts. § 16,4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond areas follows: None (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: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Intl AIA Docummd A31219 - 2010. The Ammim inatlhile at Amhlb ctk 8 t THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Iffnits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 7303943 American Fire and Casualty Company Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Janet K.iHolthaus; Karyl A. Richter all of the city of Boise state of ID each individually if there be more than one named; its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2016 r�,t, c-as6 ��Y est, suq n,u,r Arnerican Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company K 1906 p O 1919 n > 1912 ° 1991 3 7stmerican Insurance Company aBy:,nv w� ^ leo STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary ro COUNTY OF MONTGOMERY dOn this 29th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v a) Casualty Company, Liberty'Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ns d > IN WITNESS WHEREOF, I!have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. gyp, PAS?r COMMONWEALTH OF PENNSYLVANIA Notarial seal Teresa Pastelia, Notary Public By M0) of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public O a� My. Commission Expires March 28,201 ` QY 1"�, Member, PennsyWn(a Association of Notaries 1 cN o This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Mm ARTICLE IV — OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject t to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, o acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. M C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > E? and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, b v seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect 4 though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of t'f t l 204-- (-4s& 0 tAsh, h��f IYVSOI�175U,y� Shysugt I, Y ' 1406 0 0 1919 n `- 1912 1541 By. Gregory W. Davenport, Assistant Secretary 18 of 100 LMS_12873_122013 Fax: (208)887-4813 i 1 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMMD/YYYY) 08/03/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO'RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or 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 Boise;Capital Insurance 1556 S Timesquare Ln Ste 200 9 CONTACT DaWna M@Ge@ PHONE� MAIL davma@boisecapltalins.COm FAX �NAAtME;. EXq• ( ) tAIC,No): (208)321-9400 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# _- Boise, ID 83709 INSURERA: Auto -Owners Insurance Com an _18988 -- - - -- -- —_ INSURED INSURER B: Liberty Mutual./ In UranGe 1969 -_-_ INSURER C Challenger Companies, Inc. INSURERD: 1415 Madison Ave INSURER S^ Nampa, ID 83687 _ INSURER F: rnvGDAP__Gc rFRTIFICATF NI IMRFR• Onnnnnnn.9sgR5nR HI-VI51ON N(IMKFH! 114 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 MAYBE 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, ILT R LTR - TYPE OF INSURANCE N DL,,S Df POLICY NUMBER MM/DDY/YYYyXP MMS I LIMITS A �( COMMERCIALGENERALLIABILITY Y 57008484 01/15/2016 01/15/2017 EACHOCCURRENCE S 11000,000 DAF44-C T RENTED --._ PREMISES(E�p occurrence) 1$ 3001000 CLAIMS-MADE I A I OCCUR I MED EXP (Any one person) $ -.-- -- 10,000. _ PERSONAL & ADV INJURY $ 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER,% GENERAL AGGREGATE S 2,9-00,000 PRODUCTS - COMP/OP AGG $ 2,000,000 -- POLICYn jE� El LOC OTHER: ', ., $ A AUTOMOBILE LIABILITY 4751471700 ((01/1512016 01M/2017 EOa sdddeDj INGLE LIMIT $ 10000.0,0-„ ANY AUTO I BODILY INJURY (Per person) S OWNED ISCHEDULED AUTOS ONLY :. AUTOS BODILY INJURY (Per acddent) $� PROPERTY DAMAGE ( S I (Per act donU HIRED 1 NON -OWNED AUTOS ONLY X 1 AUTOS ONLY Ix $ A X UMBRELLALIAB }( OCCUR 4751471701 01/15/2016 + 01/15/2017 EACHOCCURRENCE $ 4,000 000 -- -- AGGREGATE $ 4,000 000 EXCESS LAB.: CLAIMS -MADE DEO I X I RiETENrION$ 1O 000 $ B WORKERS COMPENSATION WC41 NC -016559-016 01/01/2016 ! 01/0112017 { X ;-STATUTE. ER AND EMPLOYERS' ABILIITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN N _ E.L. EACH ACCIDENT $ 1,000 0_00 FFIE.L. (Mandatory In NH) FJ(CLUDED9 N / A DISEASE- EA EMPLOYEE S 1.,000,000 --- _ _. - E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes describe under DERRIPTION OF OPERATIONS Wow I B Installation Floater BMO 55378168 01/15/2016 01/15/2017 Limit 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD'101, Additional Remarks Schedule, may be attached ifmore space Is requlred) City of Meridian is listed as an Additional Insured. Coverage is primary and non-contributory. Project: #10696.B WRRF PLC Upgrades 2016 rCDTICIr AYC uni ncD rAIUrPI I ATIrlh1 V lUtW-21.11b AGUKU UUKPUKAI IUN, Ali rlgnts reserves, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by REM on August 03, 2016 at 0329PM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave Ste 106 AUTHORIZED REPRESENTATIVE Meridian, ID 83642 i DEM V lUtW-21.11b AGUKU UUKPUKAI IUN, Ali rlgnts reserves, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by REM on August 03, 2016 at 0329PM PublicWorks Search Print Page 1 of 1 ComnanX Nance License Work Number Category License License Applin cant Owner Company Comp Status Type Class Name Name Address CUt om an Company Expiration pent Phone License State ZinCode Date Number 00001, 02310, 05090, 06200, Challenger Companies, 07700, PWC -C_ 13800, 12879 Challenger 1,4 AA ACTIVE Companies, 1415 NAMPA Madison Ave (208) ID 83686 461- 3/31/2017 Inc. 15100, Inc. 0608 15400, 15510, 15700, 16000 https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksPrint.aspx 8/3/2016 iDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for gHALLENGER COMPANIES, INC. ] [ Monitor CHALLENGER COMPANIES, INC. business filingsCHALLENGER ] COMPANIES, 1415 MADISON AVE NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 1997 State of Origin: IDAHO Date of 12 Aug 1997 Origination/Authorization: Current Registered Agent: JASON WRIGHT 1415 MADISON AVE NAMPA, ID 83687 Organizational ID / Filing C120510 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 20 Jul 2016 Annual Report Due: Aug 2017 OriginalFiling: [ Help Me Print/View TIFF ] Filed 12 Aug 1997 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 28 Oct NAME CHANGED View Image (PDF format) 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. Amendment Filed 28 Oct NAME CHANGED View Image (PDF format) 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. AnnualReports: [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online https://www.accessidaho.org/public/sos/corp/Cl205lO.html 8/3/2016 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Community Development Block Grant A. Public Hearing: PY2016 Community Development Block Grant (CDBG) Action Plan (Public Hearing will be left open and additional testimony will be taken at 6:00 p.m.) 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 2016 DRAFT Action Plan Community Development Block Grant Program City of Meridian, Idaho City of Meridian, Idaho 2 2016 DRAFT Action Plan TABLE OF CONTENTS EXECUTIVE SUMMARY I. Introduction……………………………………………………………………………………………………………….6 II. Evaluation of Past Performance………………………………………………………………………………….9 III. Summary of Citizen Participation Process 91.220 (b)…………………………………………………11 IV. Summary of Resources 91.220(c)(1) and (C)(2)…………………………………………………………16 V. Annual Objectives 91.220 (c)(3)………………………………………………………………………………..20 VI. Description of Activities 91.220 (d) and (e)……………………………………………………………….23 a. Description of 2016 Housing Activities b. Description of 2016 Public Service Activities c. Description of 2016 Public Facility Activities d. Description of 2016 General Program Administration e. Description of 2016 Fair Housing Activities VII. Geographic Distribution and Obstacles to Addressing Underserved Needs………………29 VIII. Additional Requirements………………………………………………………………………………………….32 a. Annual Affordable Housing Goals 91.220 (g) b. Public Housing 91.220 (h) c. Homeless and Special Needs 91.220 (i) d. Barriers to Affordable Housing 91.220 (j) e. Other Actions 91.220(k) IX. Program Specific Requirements 91.220 (II)(1)……………………………………………………………35 a. Program Income b. Activities to Benefit LMI persons c. Monitoring APPENDICES Appendix A: Tables 3A Summary of Specific Annual Objectives…………………………………………37 3B Annual Affordable Housing Completion Goals……………………………….40 3C Consolidated Plan Listing of Projects……………………………………………..41 Appendix B: Certifications……………………………………………………………………………………..53 Appendix C: SF 424………………………………………………………………………………………………..60 Appendix D: Public Notices…………………………………………………………………………………….64 City of Meridian, Idaho 3 2016 DRAFT Action Plan EXECUTIVE SUMMARY City of Meridian, Idaho 4 2016 DRAFT Action Plan Executive Summary Meridian Program Year 2016 Action Plan As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2016 (PY2016) funding for the City of Meridian is anticipated in the amount of $356,324. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment and (2) provide decent housing. During the PY2016, Meridian intends to focus on investing in public facility projects located in LMI neighborhoods with a direct benefit to LMI residents. Meridian will also invest CDBG funds in public services to benefit LMI persons and to advance a suitable living environment. In addition to these public facilities and public services, Meridian will also designate Non- Administrative funds to assist in providing decent housing to LMI homebuyers. Category & Activity Activity Total Categorical Total Administration & Planning (no more than 20% of Entitlement Grant) Administration, Fair Housing & Planning Activities $65,500.00 SUBTOTAL $65,500.00 Suitable Living Environment Public Facility $127,376.00 Meridian Public Works - LMI Street Light Installation $127,376.00 Public Service (no more than 15% of Entitlement Grant) $53,448.00 Hunger Relief/Meridian Food Bank $36,448.00 Boys & Girls Club – Scholarship Program $10,000.00 The Jesse Tree of Idaho – Homelessness Prevention $7,000.00 SUBTOTAL $180,824.00 Decent Housing Affordable Housing Sidewalk Design for 2 ½ St Multifamily Development $50,000.00 Homes Homebuyers Assistance/Neighborhood Housing Services $30,000.00 Homebuyers Assistance/Ada County Housing Authority $30,000.00 SUBTOTAL $110,000.00 TOTAL $356,324.00 City of Meridian, Idaho 5 2016 DRAFT Action Plan SECTION I Introduction City of Meridian, Idaho 6 2016 DRAFT Action Plan Section I Introduction Purpose of this Document. The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD’s Community Development Block Grant (CBDG) Program. The 2016 program year will mark the City’s tenth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2016 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian’s 2012 – 2016 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2016 through September 30, 2017. The lead agency responsible for overseeing the development of this plan is the City of Meridian, with specific charge assigned to the CDBG Administrator position within the Community Development Department. City of Meridian CDBG Program Mission Statement. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City’s mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City’s primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for - profit and non-profit organizations. Consolidated Plan. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian’s Consolidated Plan spans program years 2012 through 2016 and addresses the community’s most critical housing and communit y development needs. The PY2012 Action Plan represented the first year using the 2012 – 2016 Consolidated Plan; the PY2016 Action Plan is the fifth year under the current Consolidated Plan. The current Consolidated Plan may be found here on the City of Meridian Website. Action Plan. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City’s intended actions to occur during that specific year. The PY2016 Action Plan identifies the objectives the City hopes to achieve from October 1, 2016 through September 30, 2017, and outlines the activities the City will undertake to achieve those objectives. City of Meridian, Idaho 7 2016 DRAFT Action Plan Consolidated Annual Performance and Evaluation Report (CAPER). At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year’s accomplishments. This information allows HUD, city officials, and the general public to evaluate the City’s performance and determine whether the activities undertaken during the year helped to (1) meet the City’s five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. Submittal to HUD. In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action pl an no later than August 16, 2016. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 8 2016 DRAFT Action Plan SECTION II Evaluation of Past Performance City of Meridian, Idaho 9 2016 DRAFT Action Plan Section II Evaluation of Past Performance Since 2007, Meridian has successfully managed $2,403,975 (an average of $267,108.33) in resources from its annual CDBG allocation. Over these eight years, the City’s expenditures from its CDBG allocation have produced the following results:  Constructed sidewalk to improve walkability, safety and overall quality of life for low- moderate income neighborhoods.  Constructed a fitness path with equipment for the Meridian Elementary School.  Provided case management to 5 homeless Meridian families in efforts to place them into decent, affordable housing.  Assisted 15 new homeowners to purchase homes.  Completed three façade improvement projects with the Meridian Development Corporation.  Provided over 240,000 persons with food through the Meridian Food Bank.  Initiated a transportation service for the local Boys and Girls Club.  Provided scholarships to over 79 children to attend fee-based programs at the local Boys and Girls Club  Completed 11 public facility projects.  Completed 349 code enforcement cases within the downtown LMI area. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERs) for Program Years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014—for the period beginning October 1, 2007 and ending September 30, 2015. The CAPERs demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate income individuals and families, well over the 70 percent statutory minimum requirement. The City did not exceed the regulatory caps of 20 percent for administration and planning. The maximum funding available under CDBG regulations, 15% of the annual entitlement, was made available for public service activities. The City has met its expenditure of grant funds deadlines imposed by HUD each year. City of Meridian, Idaho 10 2016 DRAFT Action Plan SECTION III Summary of Citizen Participation Process City of Meridian, Idaho 11 2016 DRAFT Action Plan Section III Summary of Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CD BG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents’ expectations and (2) responsive to neighborhood and stakeholder concerns. The City works with non-profit organizations to encourage the participation of p rogram beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. Meridian went through an extensive citizen participation process for the development of the 2012-2016 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City’s five year plan for utilization of the grant funds. The citizen participation process for the 2016 Action Plan followed the process identified in the City’s Citizen Participation Plan, adopted with the 2012-2016 Consolidated Plan. The process consisted of the following: 2016 Dates  May 11: Public CDBG Workshop to provide information and seek input from non-profit organizations and potential sub-recipients.  June 24: Scoring Committee and Council Recommendations  July 4 and July 18: Legal Notice for public comment period and public hearing published in Valley Times and Idaho Statesman.  July 5 - August 9: Public Comment Period on Annual Action Plan  August 9: Public Hearing on Annual Action Plan City of Meridian, Idaho 12 2016 DRAFT Action Plan Figure III-1. Survey Distribution, City of Meridian, 2011 Source: BBC Research & Consulting and City of Meridian. The resident survey was administered between November 16th and December 15th of 2011 during the 2012-2016 consolidated planning process. The survey asked residents to identify the level of need for a variety of CDBG-eligible activities falling within the following categories: community facilities, infrastructure, special needs, community services, neighborhood services, businesses and jobs and housing. A total of 330 residents participated in the survey. Efforts made to broaden citizen participation. Because not all residents have access to the internet or read the public notices published in the newspapers, the City designed posters to be displayed at different locations throughout LMI neighborhoods. The posters informed the public about the CDBG program, anticipated projects, and the opportunity to provide comments on the plan. The posters were displayed at New Ventures Lab, the Meridian Library, and Meridian City Hall. In addition, the City utilized social media to reach out to citizens who might not otherwise know about the program. Outreach process for draft plan. The City invited comment on the draft 2016 Action Plan from July 5, 2016 through August 9, 2016. A public meeting was held on August 9, 2016 at the accessible City Hall location. Organizations Contacted Distribution Mediums Ada County Boys and Girls Club City of Meridian website Ada County Housing Authority City of Meridian electronic newsletter Chief Joseph Elementary School City of Meridian Facebook page City of Meridian City Clerk City of Meridian Twitter page City of Meridian Planning Department HOA email distribution lists El Ada Community Action Partnership Press release to local newspapers Friends in Action Public school email list Idaho Legal Aid Services Utility bills Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley City of Meridian, Idaho 13 2016 DRAFT Action Plan Advertising for the comment period was accomplished through the City’s website and legal advertising. Advertisements announcing the availability of plans, the public hearing and comment period were published in the Idaho Statesman and the Valley Times on July 4 and 18, 2016 (see Appendix D). The draft plans were made available at the City offices and on the City’s website during the comment period. Comments were accepted via e-mail, mail and in-person at the City’s Community Development Department. Summary of comments. TO BE COMPLETED after the Public Hearing on the 9 th of August, 2016. Prior to the public hearing, nine (9) persons submitted public comment. At the public hearing held on August 9, 2016, xxx (X) persons provided testimony. A link to the City Council meeting and public comment is located on the city website in video form here (the comments start at minute XX and ends and XX); the transcription of the comment and response will be appended below on page 14-X : City of Meridian, Idaho 14 2016 DRAFT Action Plan SECTION IV Summary of Resources City of Meridian, Idaho 15 2016 DRAFT Action Plan Section IV Summary of Resources The 2016 Action Plan represents an allocation of $356,324. Source Components of 2016 Action Plan Funds 2016 CDBG Entitlement Grant $356,324.00 Program Income $0.00 Total Revenue Allocated $356,324.00 There are a number of additional funding sources that may be utilized to fund specific projects. Where these resources are known, they have been delineated within the project descriptions. The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non -profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self- Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. Other federal funds made available for use in the city include Section 8, administered by Ada County Housing Authority and low-income housing tax credits administered by the Idaho Housing and Finance Association. There are no public housing units in Meridian. Entities in Ada County receive approximately $933,085 in Continuum of Care funding from HUD to provide funding for transitional and permanent housing and supportive services for homeless individuals and households. Over the years, many of the City’s partner agencies and organizations have been able to leverage funds within their own budgets to make the most of the CDB G funds that they have been allocated. For the current year, the proposed funds to Boys & Girls club and Jesse Tree represent only fraction of that agency’s total budget, but the CDBG allocation from the City represents an important component to increasing the services provided in Meridian. Likewise the funds allocated to the Meridian Food Bank represent a small but important component to that organization’s operating budget. While the Food Bank receives many donations of food, the CDBG funds are used to purchase, in bulk, needed food supplies in order to round out the contributions from the community. When the Food Bank utilizes CDBG funding to purchase food, it is in conjunction with developed relationships with local grocery stores that provide deep discounts on the food being purchased. In this way, the CDBG funds are multiplied many times over in the benefit they are providing to those in need. City of Meridian, Idaho 16 2016 DRAFT Action Plan Federal, State, and Local Resources. CDBG and City general funds are available to support program activities. The City may consider additional partnerships with the City of Meridian Public Works Department, Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal Resources US. Department of Housing and Urban Development: Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS U.S. Department of Health and Human Services U.S. Department of Education Federal Housing Administration Homeownership Program Fannie Mae Federal Emergency Management Administration U.S. Veterans Administration State Resources Idaho Community Foundation Idaho Housing and Finance Association Idaho Department of Education Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers Idaho Department of Agriculture State Tax Credits Idaho Department of Health and Welfare: Community Service Grant Family and Child Services Public Health Services Domestic Violence Grant Idaho Children's Trust Fund Idaho Office on Aging Idaho Department of Justice Local Resources Meridian General Funds Meridian Development Corporation Ada County Association of Realtors Ada County Housing Authority Neighborhood Housing Services Boise Valley Habitat for Humanity Supportive Housing and Innovative Partnerships El-Ada Community Action Partnership United Way Faith-based organizations Local utility companies Individual and business donors Civic organization donations Volunteer in-kind services City of Meridian, Idaho 17 2016 DRAFT Action Plan SECTION V Annual Objectives City of Meridian, Idaho 18 2016 DRAFT Action Plan Section V Annual Objectives During Program Year 2016 the City intends to focus primarily on providing a suitable living environment for low-moderate income persons and investing in public facility improvements. Consistent with the survey results conducted during the preparation for the 2012-2016 Consolidated Plan, the City is focusing on public facility improvements to serve LMI residents and public services for seniors, persons at risk of homelessness and LMI residents. In previous program years the City has allocated funds to addresses Strategy 3 in the Consolidated Plan, which is to “Improve economic opportunities in the city’s LMI areas.” For the current program year, the CDBG Scoring Committee and the City Council determined that funds would be best utilized by investing in projects and activities to address Strategy 1 and 2 in the Consolidated Plan. Strategy 1 is to “Improve access to affordable housing opportunities for Meridian residents.” Strategy 2 is to “Improve the lives of Meridian residents with special needs and residents at-risk of homelessness.” A. Suitable Living Environment Strategies Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at -risk of homelessness.  Objective 2.1: Support public service activities that serve the city’s LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-1) o Allocate a total of $53,448 for: 1) hunger relief through the local food bank $36,448), 2) homelessness prevention through The Jesse Tree. ($7,000), and 3) the Boys & Girls Club program scholarships ($10,000)  One Year Action Plan Outcome: 2200 people served  Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city’s LMI areas or serving LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-3) o Allocate approximately $127,000 for a streetlight project to serve LMI residents and/or the LMI area.  One Year Action Plan Outcome: 11-16 streetlights B. Decent Housing Strategy No. 1 Improve access to affordable housing opportunities for Meridian residents.  Objective 1.1: Address the need for affordable housing by supporting a down payment assistance program for qualifying households. City of Meridian, Idaho 19 2016 DRAFT Action Plan o HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH-1) o Allocate $60,000 for down payment assistance programs targeted to low- moderate income households purchasing a home in Meridian.  One Year Action Plan Outcome: 4 households o Allocate $50,000 to support VCD LLC & The Housing Company for site improvements to publicly owned (sidewalks) to support a Low-Income Housing Tax Credit affordable housing development .  One Year Action Plan Outcome – 1 Public Facility (supporting 59 low- income residents). City of Meridian, Idaho 20 2016 DRAFT Action Plan SECTION VI Description of Activities City of Meridian, Idaho 21 2016 DRAFT Action Plan Section VI Description of Activities In PY2016, the City of Meridian will allocate 100% of all non-administrative funds on activities that benefit low- and moderate-income persons or households. This city will continue to monitor and evaluate its performance throughout the coming three-year certification cycle (Program Years 2016, 2017, and 2018) to make certain it will it will meet the required 70% expenditure to benefit LMI persons during the cycle. The City’s PY2016 entitlement is anticipated at $329,895. A description of all the planned activities for PY2016 is identified below. A. Description of 2016 Housing Activities Down Payment Assistance Program Priority: Affordable Housing National Objective: Low Moderate Income Persons-housing activities (LMH) 570.208 (a)(3) Outcome Category: Affordability Outcome Measure: 4 households The City will partner with two housing service providers to assist qualified LMI buyers to purchase a home in Meridian. The funds allocated to Neighborhood Housing Services (NHS)-- $30,000 and the Ada County Housing Authority (ACHA)--$30,000 will be used for down payment and closing cost assistance. As identified in the City’s Consolidated Plan and Analysis of Impediments reports, many households in Meridian are interested in purchasing a home, but cannot afford the down payment for such a purpose. This activity is intended to address this need and broaden the homeownership opportunities for Meridian’s LMI population. B. Description of 2016 Public Service Activities The City has allocated the maximum allowed amount of 15% for public service activities, $53,448. The allocation will be divided between three public service activities to address the availability/accessibility of a suitable living environment. Hunger Relief Program Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 2,000+ people assisted The City will provide support to the Meridian Food Bank in the amount of $36,448 for the purchase of food to be distributed to persons and families in need. The Food Bank continues to experience a heavy demand, and the provision of CDBG funding will enable to Food Bank to City of Meridian, Idaho 22 2016 DRAFT Action Plan purchase and supply food to those in need. The ability for the Food Bank to leverage additional resources will exponentially increase the effectiveness of the award. Homelessness Prevention Priority: Housing, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 12 Households The City will provide support the Jesse Tree of Idaho in the amount of $7,000 for the purpose of providing one-time relief to families in Meridian at risk of becoming homeless. This program uses these funds as emergency rental assistance to families who are at risk of being homeless. No funds will be used for case management. Boys and Girls Club Scholarship Program Priority: Suitable Living Environment, Public Service National Objective: Low-Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 45 people assisted The City will provide support to the Meridian Boys and Girls Club in the amount of $10,000 for the purpose of providing scholarships to children of LMI households for the Club’s fee-based programs. The scholarships will be for free or reduced membership some of the Club’s fee - based extended services including the Summer Early Risers, the Meridian Sunrise Club and the Meridian Year One Program. These programs provide an important resource to working parents, particularly during the summer months. C. Description of 2016 Public Facility Activities Meridian LMI Streetlights Priority: Suitable Living Environment, Public Facility National Objective: Low-Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Availability/Accessibility Outcome Measure: 11-16 completed streetlights Project funds ($127,000) will be used by Meridian Public Works in order to provide a needed enhanced quality of life enhancement in the Meridian LMI area. These areas within the LMI with substandard lighting will be have an improved safety and security atmosphere, significantly impacting the residents of the area as well as increasing walkability. The project provides amenities to the LMI population that currently does not exist. City of Meridian, Idaho 23 2016 DRAFT Action Plan 2 ½ St Sidewalk Improvements for Multifamily Residential Priority: Decent Housing, Public Facility National Objective: Low-Moderate Income- Housing (LMH) 570.207(c)(3) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds ($50,000) will be used by VCD Inc, a Low-Income Housing Tax Credit (LIHTC) Developer, and The Housing Company, a non-profit, to design required improvements (specifically, sidewalks) in the area of a future Multifamily, Mixed-Income LIHTC Development. Upon construction of the property, the development will serve 72-74 residents, with 59 units being set-aside for families earning less than 60% of the Area Median Income. This new development will have a direct impact on the gap in affordable housing to Meridian, as well as answer specific barriers to affordable housing outlined in the City’s 2012 Analysis of Impediments to Fair Housing (Impediment 1 – Lack of Affordable Housing) D. Description of 2016 General Program Administration City of Meridian Community Development Department Community Development Block Grant Program Program Administration Costs 570.206 Planning Activities 570.205 Activities include preparing required reports and planning documents, contract administration, grant management, citizen participation, sub-recipient monitoring, fair housing education, environmental reviews, and the identification and development of programs to meet the needs of the community’s lower income residents. The city needs to begin the consultation process and development of the next consolidated plan (2017-2021). The City is allocating $65,500 for administrative expenses, less than the allowed 20% cap of the CDBG program E. Description of 2016 Fair Housing Activities Fair Housing Activities 570.206(c) The City is allocating $3,000 for Fair Housing Activities in PY2016, included in the administrative budget. In accordance with the Fair Housing Action Plan (FHAP) developed as a result of the Analysis of Impediments to Fair Housing Choice Report adopted on April 17, 2012, the table below identifies the activities the City anticipates working towards during PY2016. The activities and goals identified for PY2016 are based on the 5-year Fair Housing Action Plan; however, if the City is unable to work on some of these activities, the FHAP will be re-evaluated at the end of PY2016 in order to determine how best to proceed for PY201 7. City of Meridian, Idaho 24 2016 DRAFT Action Plan FHAP Action Item Activities Lead Agency/ Responsible Entity Funding Source/ Amount Program Year 2016 Goals Barrier 1 (Fair Housing Related Activity/Affordable Housing) Lack of affordable housing. 1.1 Preserve existing affordable housing units in the city. Meet with affordable housing owners and help encourage them to not let contract on affordable units expire. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Conduct at least one meeting with owners of affordable housing units in Meridian. 1.2 Convene an affordable housing task force to investigate ways to develop new affordable housing. Liaise with the local affordable housing task force to identify strategies for use within the city of Meridian. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Identify any tools the city could use to encourage affordable housing development in Meridian. Barrier 2 (Impediment) Potential resident opposition to affordable housing development. 2.1 Continue to participate in regional fair housing awareness campaign and tailor it current needs. Monetarily sponsor the regional fair housing awareness campaign. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Sponsor the regional fair housing awareness campaign. Design and distribute flyers and display posters in Meridian specific to the current fair housing needs in Meridian. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Provide flyers and posters to at least 5 landlords and 5 homeowner’s associations in Meridian. Barrier 3 (Impediment) Limited public transportation opportunities. 3.1 Continue to stay engaged in regional transportation planning efforts, leverage local resources for local transit opportunities and seek partnerships. Research state and federal transportation grants and determine if they could help support public transit planning efforts in Meridian. City of Meridian Staff and Meridian Transportation Task Force City of Meridian Staff Time Create a list of potential transportation grants the City may be interested in applying for. Meet as scheduled with the Meridian Transportation Commission, the ACHD Capital Improvement Citizen Advisory Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC).. City of Meridian Planning Staff City of Meridian Staff Time Provide an update on any work the Meridian Transportation Task Force or other committee’s may be doing related to public transportation in Meridian. Barrier 4 (Impediment) Lack of understanding by developers and landlords about housing accessibility requirements. 4.1 Tailor fair housing outreach campaign to address the needs of persons with disabilities. As part of regional fair housing awareness campaign, address needs of persons with disabilities, such as including information about reasonable accommodations/ service animals. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Provide flyers and list of information sources to at least 5 landlords in Meridian. City of Meridian, Idaho 25 2016 DRAFT Action Plan 4.2 Expand outreach and education to Meridian’s landlords. Conduct a fair housing training in Meridian specific to landlords. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Prepare to conduct a fair housing training for at least 10 Meridian landlords in coordination with the Cities of Nampa and Boise in 2017. 4.3 Train City Community Development staff on ADA and fair housing design and construction guidelines. Conduct an internal training for Community Development staff on fair housing design and construction guidelines. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Conduct an internal training for at least 2 City Community Development staff. City of Meridian, Idaho 26 2016 DRAFT Action Plan SECTION VII Geographic Distribution and Obstacles to Addressing Underserved Needs City of Meridian, Idaho 27 2016 DRAFT Action Plan Section VII Geographic Distribution and Obstacles to Addressing Underserved Needs Since the PY2014 Action Plan was approved, the city’s LMI area grew to encompass thr ee (3) additional areas. The PY2016 projects which will be supported with CDBG funds are mapped below. The City intends to distribute 100% of its non-administrative CDBG funds through seven activities, all of which are intended to serve LMI individuals. These will take place primarily within the LMI Areas of the city, but will also assist LMI households and families throughout the city. 2016 Distribution of Funds *Census block groups and tracts: Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2; As identified in the 2012-2016 Consolidated Plan (Section II, page 3), the City has no areas of minority concentration or any impact areas within the City. The Census block group with the largest proportion of non-white residents (14%) is block group 2 of Census tract 103.22, which City of Meridian, Idaho 28 2016 DRAFT Action Plan encompasses the City’s downtown business district. The Census block group with the largest proportion of Hispanic residents (14%) is block group 2 of tract 103.21. This block group lies adjacent to the city’s main downtown area. As identified in the 2012-2016 Consolidated Plan (Section IV, page 22), the City’s basis for allocating investments has not and likely will not be geographically delineated within the City’s boundaries. Funding is determined upon meeting national objectives, qualifying eligible activities, and a competitive application process. The Community Development Department hosts an annual CDBG Workshop where past, current, and potential future sub-recipients are invited to attend and hear about the goals and objectives for the coming program year. After the workshop, potential sub-recipients are encouraged to apply for CDBG funding for proposed projects or activities. All eligible applications are considered for funding within the context of the broad goals and objectives established in the Consolidated Plan. Funding recommendations under the 2016 Program Year were made in consideration of the goals and outcomes of the proposed project, the need that the project addresses, how the organization plans to carry out the project, and the degree to which the project or program addressed the priorities and objectives defined in the Consolidated Plan. Obstacles to meeting underserved needs. The greatest single obstacle to meeting underserved needs is the limited funding available to address identified needs. City of Meridian, Idaho 29 2016 DRAFT Action Plan SECTION VIII Additional Requirements City of Meridian, Idaho 30 2016 DRAFT Action Plan Section VIII Additional Requirements A. Affordable Housing The City is primarily working to address affordable housing in Program Year 2016 by focusing on the action items in the Fair Housing Action Plan as identified in Section VI, A; E. The City is allocating funds in PY2016 to one infrastructure design project in support of an affordable housing activity. Additionally, the City will be partnering with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) for direct homebuyer assistance to LMI families. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. B. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2016, but will continue to encourage homeownership for eligible buyers as described above . Further, the City will participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. C. Homeless and Other Special Needs In PY2016, CDBG funds will be invested in one activity specifically targeted to the objective to serve homeless families. Funds will be utilized by Jesse Tree of Idaho for one-time emergency rental assistance for families at risk of losing their housing situation, as a measure to prevent homelessness. The City’s efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non-homeless persons will still occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). The City is not a recipient of HOPWA formula grants. The City will participate in the CoC to identify ways of supporting area housing providers’ efforts to increase affordable transitional and permanent housing facilities. T he Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons’ homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG City of Meridian, Idaho 31 2016 DRAFT Action Plan funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs popu lations during Program Year 2016, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. D. Barriers to Affordable Housing As identified in Section VI, the City completed an Analysis of Impediments to Fair Housing Choice report in Spring 2012. The report identified observations and impediments along with objectives and activities to address those impediments. This year, the city intends to support one project (design of sidewalk along 2 ½ St) that will directly support the growth of affordable housing in Meridian. Additionally, as the 2012-2016 cycle comes to a close, the City will be conducting new consolidated planning activities and participating in a new Analysis of Impediments for the 2017-2021 cycle. E. Other Actions The CDBG Administrator will endeavor to create a more user-friendly web site for the program, which should enhance the public and staff’s ability to garner information quickly and efficiently. Over the course of the upcoming program year, the City will maintain information on lead- based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City’s website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. City of Meridian, Idaho 32 2016 DRAFT Action Plan SECTION IX Program Specific Requirements City of Meridian, Idaho 33 2016 DRAFT Action Plan Section IX Program Specific Requirements A. Program Income None of the identified activities for the 2016 Program Year are intended to generate program income, and no past activities have ever generated program income. B. PY2016 CDBG Activities to Benefit LMI persons In PY2016, the City of Meridian will allocate 100% of all non-administrative funds on activities that benefit low- and moderate-income persons or households. In previous program years the city expended 98.07% of all non-administrative funds on activities to benefit LMI persons or households, and the city anticipates a similar percentage at the conclusion of Program Year 2015. Therefore, the City is confident that it will meet the required 70% expenditure to benefit LMI persons for the three-year certification cycle (Program Years 2012, 2013, and 2014). This 2016 Action Plan will continue the trend of using the highest percentage of funds to benefit LMI persons. C. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2016 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our HUD Community Planning and Development representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for paym ent disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subreci pients and review for compliance. Expectations will be clearly outlined in sub-recipient agreements, tailored specifically to each City of Meridian, Idaho 34 2016 DRAFT Action Plan activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each sub-recipient’s ability to meet the program’s financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. The City will also establish a monitoring schedule to ensure activities are monitored “on -site” with some regularity. City of Meridian, Idaho 35 2016 DRAFT Action Plan Appendix A--Tables Table 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not proposed for advancement in PY2016 are included in gray font. Decent Housing with Purpose of New or Improved Availability/Accessibility (DH-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed DH 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Decent Housing with Purpose of New or Improved Affordability (DH-2) DH 2.1 Address the need for affordable housing by supporting a down payment assistance program for qualifying households. CDBG 2012 2013 2014 2015 2016 Households 3 1 1 1 1 3 2 4 1 100% >100% >100% >100% % MULTI-YEAR GOAL 7 10 >100% Decent Housing with Purpose of New or Improved Sustainability (DH-3) DH 3.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Availability/Accessibility (SL-1) SL 1.1 Support public service activities that serve the city’s LMI residents. 2012 2013 2014 2015 2016 People/Residents 2,000 2,045 2,000 2,000 2,000 65,000 59,000 >100% >100 % % % % MULTI-YEAR GOAL 10,045 124,000 >100 % Suitable Living Environment with Purpose of New or Improved Affordability (SL-2) SL 2.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Sustainability (SL-3) SL 3.1 Invest in public facility improvements that serve person with special needs and low income residents or are located in LMI areas. CDBG 2012 2013 2014 2015 2016 Public Facilities 1 3 1 0 1 0 1 3 2 0% 33% >100% >100% % MULTI-YEAR GOAL 3 5 >100% City of Meridian, Idaho 36 2016 DRAFT Action Plan Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 1.1 Support public service activities that provide employment training or job creation/retention for the city’s LMI residents. CDBG 2012 2013 2014 2015 2016 People/Residents 10 0 5 5 0 7 0 70% 0% % % % MULTI-YEAR GOAL 20 7 35% Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) EO 1.2 Invest in public facility improvements or activities in the downtown area that address one or more the conditions which contributed to the deterioration of the area. 2012 2013 2014 2015 2016 Businesses or public facilities 0 1 1 0 0 0 2 % 200% % % % MULTI-YEAR GOAL 2 2 100% Economic Opportunity with Purpose of New or Improved Sustainability (EO-3) EO 3.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Neighborhood Revitalization (NR-1) NR 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-1) O 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-2) O 2.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % City of Meridian, Idaho 37 2016 DRAFT Action Plan Table 3B Annual Affordable Housing Completion Goals Grantee Name: Program Year: Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS (Sec. 215 Only) Homeless households 0 Non-homeless households 0 Special needs households 0 Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Total Sec. 215 Affordable Rental 0 HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Homebuyer Assistance 0 Total Sec. 215 Affordable Owner 0 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Homebuyer Assistance 0 Combined Total Sec. 215 Goals* 0 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 0 Annual Owner Housing Goal 0 Total Overall Housing Goal 0 City of Meridian, Idaho 38 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Program Administration Project Title: PY2016 Program Administration Description: The City’s overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance:  Coordinating Fair Housing activities with regional partners  Ensuring compliance with the adopted Consolidated Plan  Preparing program budgets, schedules and amendments  Evaluating program results against stated objectives  Monitoring program activities for progress and compliance; audit and monitoring findings  Preparing reports and other documents for submission to HUD, to include Environmental Reviews  Developing agreements to carry out program activities  Updating the 5-Year Consolidated Plan Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Citywide as applicable Funding Sources CDBG $65,500.00 ESG HOME HOPWA Total Formula $65,500.00 Prior Year Funds Assisted Housing PHA Other Funding Total $65,500.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number Project ID HUD Matrix Code 21A CDBG Citation 24 CFR § 570.206 Type of Recipient Entitlement C DBG National Objective N/A Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator N/A Annual Units N/A Local ID Units Upon Completion N/A City of Meridian, Idaho 39 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Decent Housing—Public Facility Project Title: 2 1/12 St Sidewalk Improvements for Multifamily Development Description: The City will provide funds to VCD LLC in partnership with The Housing Company in order to facilitate the design of site improvements (sidewalk). These improvements are to be constructed on publicly owned land to serve a new mixed-income multifamily structure. The development is being constructed with Low-Income Housing Tax Credits (LIHTC) and is to have >51% of the units at affordable rents. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Census Tract 103.21, Block Group 2, vicinity of 2 ½ Street. Funding Sources CDBG $50,000 ESG HOME HOPWA Total Formula $50,000 Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.207(b)3 Type of Recipient Subrecipient CDBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Public Facility Annual Units 1 Segment Local ID Units Upon Completion 1 public facilities City of Meridian, Idaho 40 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Installation of Street Lights Description: Install Street Lights at 11-16 locations with the LMI Area The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Various Locations within LMI Area Funding Sources CDBG $127,376 ESG HOME HOPWA Total Formula $127,376 Prior Year Funds Assisted Housing PHA Other Funding Total $127,376 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.201(c) Type of Recipient Entitlement C DBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Street lights Annual Units 8 Local ID Units Upon Completion 11-16 new street lights City of Meridian, Idaho 41 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Scholarship Program, Meridian Boys and Girls Club Description: CDBG Funding will assist the Meridian Boys and Girls Club in providing scholarships to children of LMI households for the purpose of attending the Club’s fee based programs. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Meridian Boys and Girls Club—911 N. Meridian Road, Census Tract 103.22, Block Group 1 Funding Sources CDBG $10,000 ESG HOME HOPWA Total Formula $10,000 Prior Year Funds Assisted Housing PHA Other Funding Total $10,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05L CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMC Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Residents Annual Units 40 Local ID Units Upon Completion 40 City of Meridian, Idaho 42 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Boise City / Ada County Housing Authority – Home Ownership Description: The City will provide funding for the Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable. Funding Sources CDBG $30,000 ESG HOME HOPWA Total Formula $30,000 Prior Year Funds Assisted Housing PHA Other Funding Total $30,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number DH 2.2 Project ID HUD Matrix Code 13 CDBG Citation 24 CFR § 570.201(n) Type of Recipient Subrecipient C DBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 2 Local ID Units Upon Completion 2 City of Meridian, Idaho 43 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Neighborhood Housing Services – Home Ownership Description: The City will provide funding for Neighborhood Housing Services to provide direct homeownership assistance to help LMI individuals purchase homes in Meridian. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable. Funding Sources CDBG $30,000.00 ESG HOME HOPWA Total Formula $30,000.00 Prior Year Funds Assisted Housing PHA Other Funding Total $30,000.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number DH 2.2 Project ID HUD Matrix Code 13 CDBG Citation 24 CFR § 570.201(n) Type of Recipient Subrecipient C DBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 2 Local ID Units Upon Completion 2 City of Meridian, Idaho 44 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Hunger Relief, Meridian Food Bank Description: CDBG funding will assist the Meridian Food Bank in purchasing food and supplies related to their primary function: providing food to individuals and families in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Meridian Food Bank, 133 W. Broadway Avenue, Census Tract 103.22, Block Group 2 Funding Sources CDBG $36,448.00 ESG HOME HOPWA Total Formula $36,448.00 Prior Year Funds Assisted Housing PHA Other Funding Total $36,448.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05W CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMC Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator People Annual Units 2,000 Local ID Units Upon Completion 2,000 City of Meridian, Idaho 45 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: The Jesse Tree of Idaho – Homelessness Prevention Description: CDBG Funding will be utilized by The Jesse Tree of Idaho for the Emergency Rent and Mercy Assistance (ERMA) program. ERMA provides rent assistance to qualified applicants for one month along with appropriate/need referrals and case management services that explore barriers to housing. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable Funding Sources CDBG $7,000 ESG HOME HOPWA Total Formula $7,000 Prior Year Funds Assisted Housing PHA Other Funding Total $7,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05S CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 12 Local ID Units Upon Completion 12 City of Meridian, Idaho 46 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects **ALTERNATE PROJECT** Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Economic Development Project Title: MDC Façade Improvements Description: **ALTERNATE PROJECT** The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Various Locations within LMI Area Funding Sources CDBG $40,000 ESG HOME HOPWA Total Formula $40,000 Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.201(c) Type of Recipient Entitlement C DBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Street lights Annual Units 4 Local ID Units Upon Completion 11-16 new street lights City of Meridian, Idaho 47 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects **ALTERNATE PROJECT** Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Economic Development Project Title: LMI Sidewalk Improvements Description: **ALTERNATE PROJECT** Partner with Meridian Development Corporation to complete installation within the LMI. This project is an alternate “fall back” public facilities project. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2 Funding Sources CDBG $100,000 ESG HOME HOPWA Total Formula $100,000 Prior Year Funds Assisted Housing PHA Other Funding Total $100,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03L CDBG Citation 24 CFR § 570.201(c) Type of Recipient Subrecipient CDBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Public Facility Annual Units 1 Local ID Units Upon Completion 1 City of Meridian, Idaho 48 2016 DRAFT Action Plan Appendix B CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti- displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace --It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has City of Meridian, Idaho 49 2016 DRAFT Action Plan designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. City of Meridian, Idaho 50 2016 DRAFT Action Plan Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. ______________________________ ____________________ Signature/Authorized Official Date ______________________________ Title City of Meridian, Idaho 51 2016 DRAFT Action Plan Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012, 2013, and 2014, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the City of Meridian, Idaho 52 2016 DRAFT Action Plan public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws --It will comply with applicable laws. ______________________________ ____________________ Signature/Authorized Official Date ______________________________ Title City of Meridian, Idaho 53 2016 DRAFT Action Plan APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 33 E. Broadway Avenue, Meridian, Idaho 83642 Check if there are workplaces on file that are not identified here. City of Meridian, Idaho 54 2016 DRAFT Action Plan This information with regard to the drug-free workplace is required by 24 CFR part 21. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 55 2016 DRAFT Action Plan Appendix C Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: Preapplication Application Changed/Corrected Application *2. Type of Application New Continuation Revision * If Revision, select appropriate letter(s) *Other (Specify) 3. Date Received : 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): 82-6000225 *c. Organizational DUNS: 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Meridian Community Development Department Division Name: f. Name and contact information of person to be contacted on matters involving this application: City of Meridian, Idaho 56 2016 DRAFT Action Plan Prefix: *First Name: Sean Middle Name: *Last Name: Kelly Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: skelly@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS City of Meridian, Idaho 57 2016 DRAFT Action Plan 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant’s Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2016 *b. End Date: 09/30/2017 18. Estimated Funding ($): *a. Federal *b. Applicant *c. State *d. Local $329,895 City of Meridian, Idaho 58 2016 DRAFT Action Plan *e. Other *f. Program Income *g. TOTAL $329,895 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If “Yes”, provide explanation.) Yes No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications ** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to co mply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meridiancity.org *Signature of Authorized Representative: *Date Signed: City of Meridian, Idaho 59 2016 DRAFT Action Plan Appendix D Public Notices IZlI:11L041W141,Lc� Date: August 9, 2016 Item Project Number: A0 Project Name: Community Development Block Grant Please print your name For Against Neutral Do you wish to testify (Y/N) I 2L5 Ow 1 J F s fF a, 111 5-11,11,51 AUMBZO111► Lei I Date: August 9, 2016 Item # 6A Project Number: Project Name: Community Development Block Grant Please print your name For Against Neutral Do you wish to testify (Y/N) n wm—.. r... t.....A .---1 5 zn (11TY CLERKS OFFICE Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Community Development, Economic Development Community Development and Economic Development Department Strategic Update MEETING NOTES V/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Annual Update: Community Development Department August 9, 2016 •Why We Exist •Last Year’s Threats and Our Responses •Staffing Changes •The Meridian Development Market: Busy, Busy, Busy •Updates and Special Projects •Economic Development: Year in Review •2016 Threats •Your Thoughts & Direction Ground to Cover •To give the Mayor span of control over the development review and permitting system •To extend the reach and effectiveness of Economic Development •To enhance and preserve Meridian’s quality of life and life safety Why We Exist Community Development Development Services Planning Economic Development Three Divisions, One Team Step Team Member Business Recruitment Economic Development Site Selection & Design Economic Development, Planning Business Assistance (including Pre-Application meetings) Planning, Development Services, Economic Development Platting & Infrastructure Development Services, Planning Entitlement Process Planning, Development Services Building Permits Development Services Building Occupancy & Inspections Development Services, Planning Business Retention Economic Development The Development Process: A Team Approach Staffing Changes Planning •Kim Tabarini, Administrative Assist II •Josh Beach, Associate Planner •Stacy Hersh, Land Dev. Support Specialist •C.Jay Coles, Assistant Planner Staffing Changes 2015 Threats (What We Said Then, and What We Did About It) Running Lean– Some Context! •Development Services Fund has had the smallest growth in overall budget over the past 5 years (1%) •Community Development has had the lowest increase in FTEs over the past 5 years (0.5 FTE vs. 53 for the rest of the City) Response: continue to monitor; look at staffing needs for next budget year 2015 Threats Heavy workload for subdivision infrastructure review •$29 million in outstanding sureties (2015) •Surety processing and other admin handled by non-specialists, working with PW and Finance •Developers complaining about length of time to release Response: hired Support Specialist to concentrate on workload– outstanding sureties cut in half 2015 Threats CDBG Program •Administered by part-time staff member •Additional regulatory and reporting burden from HUD •Requires more time than 19 hours/week •May need to enhance the position Response: added hours to part-time administrator 2015 Threats Housing diversity: multi-family and smaller single family lots •Market is playing “catch up” •Some NIMBYism is inevitable •Appropriate transitions Response: •Redouble education efforts •Keep UDC up to date •Promote Fair Housing 2015 Threats The Meridian Development Market Highlighted Projects Name Description Jackson’s Food Stores 3,607 sq. ft. warehouse addition at 3500 E. Commercial Court Timbergrove Townhomes 20 new 4-plex townhomes at 3423 N. Centerpoint Way Sundance Spec. Building 15,540 sq. ft. shell and core at 1940 S. Eagle Road Rite-Aid Pharmacy 14,045 sq. ft. pharmacy at 3250 S. Eagle Road Pawn 1 8,911 sq. ft. pawn store at 3393 N. Ten Mile Road CapEd Credit Union 13,800 sq. ft. credit union at 111 S. Stratford Drive Paramount Veranda Assisted Living 56,380 sq. ft. assisted living facility at 6280 N. Fox Run Way Primary Health 6,340 sq. ft. medical clinic at 1648 NW 1st Street Independence Indoor Shooting Range 24,836 sq. ft. indoor shooting range at 2749 E. Gala Court Development Activity Report CY16 to date (Building Permits) Highlighted Projects Name Description Bish’s RV 54,000 sq. ft. showroom, shop and office for RV sales Harmony Hill Assisted Living 48,742 sq. ft. nursing care facility Paramount Veranda Assisted Living 73 unit assisted living and memory care facility St. Ignatius Catholic School 55,922 sq. ft. private school Ambrose School Gym & Add’n 7,221 sq. ft. private school addition Primary Health, Human Bean, Frankie’s Java, Basalone HUB’s Coffee and Caleb’s Chopshop Some of the new businesses to locate in downtown Citadel 3 Storage 173,660 sq. ft. of indoor and 83,846 sq. ft. of outdoor storage Ida-Pine Convert and expand lumber yard into wood manufacturer AmeriBen Office 75,950 sq. ft. two-story professional office building Winco Foods 85,000 sq. ft. retail grocery store Development Activity Report CY16 to date (including Planning approvals) Residential Permitting Activity August thru July Previous Year This Year New Single Family Homes 943 1,297 New Single Family Value $243,879,624 $316,385,778 Multi-Family Units 558 120 Multi-Family Value $42,065,172 $9,420,768 Commercial Permitting Activity August thru July Previous Year This Year New Commercial Buildings 63 66 New Commercial Value $74,020,143 $82,482,264 New Commercial Square Footage 708,788 s.f. 651,855 s.f. Commercial Tenant Improvements (TI) 190 134 Commercial TI Value $35,111,457 $35,799,411 Commercial TI Square Footage 995,117 s.f. 1,078,483 s.f. City-wide Assessed Values Last Year’s Total Value $ 9,784,617,100 Current Year Total Value $10,974,226,600 Revenues Returned to General Fund Total Returned Over Past 13 Years $15,552,178 FY 2003 $ 585,467 FY 2004 $ 799,548 FY 2005 $ 1,897,123 FY 2006 $ 2,815,539 FY 2007 $ 2,172,405 FY 2008 $ - FY 2009 $ - FY 2010 $ - FY 2011 $ 600,722 FY 2012 $ 2,044,914 FY 2013 $ 1,592,539 FY 2014 $ 1,391,676 FY 2015 $ 1,652,245 Updates and Special Projects Building Permit Fee Analysis •Current building permit fees have been unchanged since 2007 •Building Division staff performed an analysis comparing Meridian’s fees to other Treasure Valley jurisdictions Commercial Permit Fees •City of Eagle $6,684.46 •City of Nampa $6,573.18 •City of Meridian $5,977.90 •City of Boise $5,872.02 •City of Caldwell $5,844.78 •Ada County $5,368.27 Note: Permit fees based on a single story, 5,000 square foot, Non-sprinkled, wood (combustible) building. Commercial permit fee calculations include Structural, Mechanical, Electrical, Plumbing, and Fire only. Impact fees, water assessments, and Sewer assessments were not included. Residential Permit Fees •City of Eagle $3,626.96 •City of Boise $2,987.63 •Ada County $2,511.83 •City of Caldwell $2,469.73 •City of Nampa $2,412.57 •City of Meridian $2,010.72 •Note: Permit fees based on a 2,500 square foot single family dwelling. Residential permit fee calculations included Structural, Mechanical, Electrical, and Plumbing only. Impact fees, water assessments, and Sewer assessments were not included. Permit Fee Comparison New Commercial $0.00 $1,000.00 $2,000.00 $3,000.00 $4,000.00 $5,000.00 $6,000.00 $7,000.00 Eagle Boise Ada County Caldwell Nampa Meridian New Residential $0.00 $1,000.00 $2,000.00 $3,000.00 $4,000.00 Idaho Avenue Rightsizing Special Projects Development Services Advisory Committee •Ad hoc group of our most experienced customers: developers, builders, design professionals •Reps from the BCA and UDC committee •Everything is on the table-- inviting feedback on: –Planning process –Subdivision/platting process –Building permit process •First meeting was July 27 DSAC members: •Raise issues and describe problems –What’s working –What’s not working •Please don’t rush to solutions •Instead, tell us what success looks like (your preferred outcomes) •Review the service improvements proposed by staff •Help us test the service improvements Roles City staff: •Listen, listen, listen… •Design & propose solutions (service improvements) to meet DSAC’s preferred outcomes •Run solutions by DSAC •Implement: minor changes to pilot projects Roles •Policy changes •Code amendments •Process improvements: –Quick & easy tweaks –Pilot projects for more complex processes Possible DSAC Outcomes Development Services Advisory Committee •“You are the best city we work with” •“One thing I can always count on in Meridian – you are there to solve the problem.” •Concerns with our new contract plan reviewers and inspectors •Concerns about the speed of the platting process •Issues with some D.A. conditions •Next meeting August 31 Special Projects Enclave Evaluation and Potential Annexations •Impacts multiple departments •Team approach Special Projects •Development Review Improvement w/ Ada County •Evaluate Housing Open Space Amenity Options and Residential Dimensions (w/ UDC Workgroup) •Change Comp Plan Designations near Overland/Eagle/I-84 •Identify Priority Growth Areas and Define Growth Goals (Fields) Fields District •The place where Agriculture, Economic Development and Land Use come together •Growing Together Roundtable Discussion September 14: –Jointly hosted by Nampa and Meridian –Both Counties invited –Stakeholders include Chambers, industry reps, technology experts •Possible Specific Area Plan for Meridian’s far Northwest Area of Impact •Meridian Road Interchange (complete) •US 20/26 Task Force •Ongoing coordination: –VRT •Lifestlye Service –COMPASS •RTAC, DAC, TMA Balancing •Rail with Trail (TAP grant & Regional Workgroup) –ACHD •Ustick Road Corridor (September) •Pine Avenue, Meridian to Locust Grove (2018) •Meridian, Cherry to Ustick (2019) •Linder, Franklin to RR Tracks (2020) Transportation Projects Projects •Story Park ADA Restroom Upgrade •Meridian Elementary Picnic Shelter & Amenities (Pending) •ACHA Down Payment Assistance Program •NHS Down Payment Assistance Program Public Service •Meridian Food Bank •Charitable Assistance to Community’s Homeless (CATCH) •Senior Resource Guide Admin Activities •General Administration & Fair Housing Activities •Slum & Blight Plan Development •5-Year Consolidated Plan Development (Pending) Upcoming Program Year Allocation: $356,324 (7.5% Increase from 2015) CDBG Program Current Projects Economic Development Key Strategies Foster Collaboration Develop Opportunities at Ten Mile Downtown Start-up Center Downtown Multi-use Center 1.Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. 2.Promote job growth by identifying and attracting businesses in technology, health sciences, animal science and food production. Economic Development High Priority Objectives Economic Development Successes •Projected Capital Investment - $32.6 million •Number of New Jobs: 90 •Average Wage $88,300 Economic Development Successes Ten Mile Crossing Ten Mile Urban Renewal District OppSites Business Attraction Database with a National Audience of Real Estate Professionals, Site Selectors and Companies •1,055 NEW JOBS in 2015 •Over 70 New Businesses •323 new jobs in Professional, Scientific and Technical •3.3% Unemployment •3.5 % Increase in Individual Wages *Statistics Source: Idaho Department of Labor Meridian Job Creation 2015 Threats Northwest (west of McDermott) •Heavy development pressure •Some services nearby (sewer); some not so available (police, fire) •State Highway 16 and US 20/26 Response: •Growing Together Roundtable •Coordinate with service providers •Land use planning: Specific Area Plan 2016 Threats Staffing/Retention (especially Planning) •Heavy volume of review •Private sector recruiting •More being asked of planners as workload increases Response: •Lean and mean •Additional staff or other resources for next budget year 2016 Threats Your Thoughts & Direction Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Appointment of C.Jay Coles as the City Clerk MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION i0 DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Public Works Week Recap and Donation to the Meridian Food Bank MEETING NOTES ,V/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Solid Waste Advisory Commission Solid Waste Advisory Commission: Republic Services Annual Rates Adjustment Report for Solid Waste Collection Services 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 M E M O R A N D U M TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr. Keith Bird, President Mr. Joe Borton, Vice President Mr. Luke Cavener Ms. Genesis Milam Mr. TY Palmer Ms. Anne Little Roberts FROM: Rodney Remling, Controller, Republic Services of Idaho DATE: August 9, 2016 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 27, 2016 Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. Republic Services presented the proposed rate adjustment to the Solid Waste Advisory Commission on July 27th, who approved the proposal and recommended it be forwarded to City Council for consideration. This memorandum addresses our adjustment for the fiscal year 2017. CPI Adjustment Methodology Our contract allows non disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest.. The Pacific Northwest CPI index is no longer published so CPI for the Western Region of the United States is used. This year’s change in CPI (at 90%) is 1.45%. The CPI adjustment is $0.17 per household per month. The commercial impact varies and is based on size and container frequency of collection. New Rates Republic Services is requesting new rates for services that either do not have a rate or are charged under the “Special Collection” rate in 10 minute increments. Description FY 16 FY 17 One Time Monthly One Time Monthly Commercial Cart Delivery The cost of delivering commercial carts is less than regular commercial containers. This rate $ - $ - $10.00 $ - 11101 West Executive Drive, Boise ID 83713 Office (208) 345-1265 allows for the separation of carts from containers which are proposed at $22.82 Commercial Lid Lock Small Container 2 to 8 yard. Some commercial customers want to stop illegal dumping in their containers. Installation of a lock gives them this control. $ - $ - $43.00 $ - Commercial Lid Lock Monthly Service 2-8 yard. Servicing containers with locks requires additional time service for each service. $ - $ - $ - $12.39 Industrial Trash Monthly Lid 20 to 40 yard. Some industrial customers want to secure roll off boxes against illegal dumping. This monthly charge is rental charge to cover the cost of the asset. $ - $ - $ - $35.00 Miscellaneous Collection - Non-Freon. Republic Services currently provides a service to collect appliances. These are separately routed trucks. Non-Freon appliances are charged under the Special Collections rate at $20.90. This request aligns the charge code and amount with other contracts in the valley. $20.90 $ - $15.00 $ - Miscellaneous Collection - Bulky Item. Republic Services currently provides a service to collect bulky items. These are separately routed trucks. Bulky items are charged under the Special Collections rate at $20.90. This request aligns the charge code and amount with other contracts in the valley. $20.90 $ - $15.00 $ - 8/3/2016 1 of 4 H:\Andrea\SWAC\Republic Services FY 2017 Rate Adjustment Schedule Republic Services of Idaho Meridian City FY 2017 Proposed Rates for Solid Waste Collection Services Effective October 1, 2016 Ninety Percent of Change in CPI 1.45% Idaho Sales Tax 6.00% 2016 2017 Disposal HHW Service Rental Tax CURRENT Disposal CPI Serv HHW FUEL IMPACT INC TEMP FUEL IMP Service CPI Rent Rental Tax PROPOSED increase % of increase Row #RESIDENTIAL TRASH & RECYCLING 1 Residential 95 gallon service (includes 1 recycling cart)4.76 $0.24 $11.57 1.04 0.06 $17.67 $4.76 $0.17 $0.00 $0.00 ($0.01)$11.97 $0.02 $1.06 0.06 $17.85 $0.18 1.02% 2 Residential 65 gallon service (includes 1 recycling cart)2.88 0.24 11.45 1.04 0.06 $15.67 2.88 $0.17 - - (0.01)$11.85 0.02 1.06 0.06 $15.85 $0.18 1.15% 3 Residential 35 gallon service (includes 1 recycling cart)1.00 0.24 11.33 1.04 0.06 $13.67 1.00 $0.17 - - (0.01)$11.73 0.02 1.06 0.06 $13.85 $0.18 1.32% 4 Residential Extra Carts (per cart per month) - 1.65 0.52 0.03 $2.20 - 0.02 - - - 1.67 0.01 0.53 0.03 $2.23 $0.03 1.36% 5 Residential Cart Pickup/ Upsize Exchange fee (per event) - 13.13 0.00 0.00 $13.13 - 0.19 - - - 13.32 - - - $13.32 $0.19 1.45% 6 Residential Cart Delivery (free) - 0.00 0.00 0.00 $0.00 - - - - - - - - - $0.00 $0.00 - 7 Residential Carry Out Service - 30.93 0.00 0.00 $30.93 - 0.45 - - - 31.38 - - - $31.38 $0.45 1.45% 8 COMMERCIAL PERMANENT TRASH 9 Commercial Carts Delivery Charge 0.00 0.00 10.00 $10.00 10 11 Commercial Carts 1, 95 gallon cart (1 x per week)4.76 - 23.33 0.52 0.03 $28.64 4.76 0.34 - - (0.02) 23.65 0.01 0.53 0.03 $28.97 $0.33 1.15% 12 Commercial Carts 1, 95 gallon cart (2 x per week)9.52 - 44.08 0.52 0.03 $54.15 9.52 0.64 - - (0.04) 44.68 0.01 0.53 0.03 $54.76 $0.61 1.13% 13 Commercial Carts 1, 95 gallon cart (3 x per week)14.28 - 64.81 0.52 0.03 $79.64 14.28 0.94 - - (0.06) 65.69 0.01 0.53 0.03 $80.53 $0.89 1.12% 14 15 Commercial Carts 2, 95 gallon cart (1 x per week)9.52 - 46.66 1.04 0.06 $57.28 9.52 0.68 - - (0.04) 47.30 0.02 1.06 0.06 $57.94 $0.66 1.15% 16 Commercial Carts 2, 95 gallon cart (2 x per week)19.04 - 88.16 1.04 0.06 $108.30 19.04 1.28 - - (0.08) 89.36 0.02 1.06 0.06 $109.52 $1.22 1.13% 17 Commercial Carts 2, 95 gallon cart (3 x per week)28.56 - 129.62 1.04 0.06 $159.28 28.56 1.88 - - (0.12) 131.38 0.02 1.06 0.06 $161.06 $1.78 1.12% 18 19 Commercial Carts 3, 95 gallon cart (1 x per week)14.28 - 69.99 1.56 0.09 $85.92 14.28 1.01 - - (0.06) 70.94 0.02 1.58 0.09 $86.89 $0.97 1.13% 20 Commercial Carts 3, 95 gallon cart (2 x per week)28.56 - 132.24 1.56 0.09 $162.45 28.56 1.92 - - (0.12) 134.04 0.02 1.58 0.09 $164.27 $1.82 1.12% 21 Commercial Carts 3, 95 gallon cart (3 x per week)42.84 - 194.43 1.56 0.09 $238.92 42.84 2.82 - - (0.18) 197.07 0.02 1.58 0.09 $241.58 $2.66 1.11% 22 23 Commercial Container Container Delivery Svc (2,3,6,8 yd options) - 22.49 0.00 0.00 $22.49 - 0.33 - - - 22.82 - - - $22.82 $0.33 1.47% 24 Commericial Container Lid Lock Installation (2,3,6,8 yd options)0.00 $0.00 43.00 $43.00 25 Commercial Container Monthly Lock Service (2,3,6,8 yd options)0.00 $0.00 12.39 $12.39 26 27 Commercial Container 2 yd (Extra Dump)1.91 - 21.07 0.00 0.00 $22.98 1.91 0.31 - - (0.02) 21.36 - - - $23.27 $0.29 1.26% 28 Commercial Container 3 yd (Extra Dump)3.81 - 27.54 0.00 0.00 $31.35 3.81 0.40 - - (0.02) 27.92 - - - $31.73 $0.38 1.21% 29 Commercial Container 6 yd (Extra Dump)7.62 - 37.86 0.00 0.00 $45.48 7.62 0.55 - - (0.05) 38.36 - - - $45.98 $0.50 1.10% 30 Commercial Container 8 yd (Extra Dump)10.16 - 48.33 0.00 0.00 $58.49 10.16 0.70 - - (0.06) 48.97 - - - $59.13 $0.64 1.09% 31 32 Commercial Containers 2 yd (1 x per week)8.25 - 65.66 18.79 1.13 $93.83 8.25 0.95 - - (0.07) 66.54 0.27 19.06 1.14 $94.99 $1.16 1.24% 33 Commercial Containers 2 yd (2x per week)16.50 - 97.08 18.79 1.13 $133.50 16.50 1.41 - - (0.13) 98.36 0.27 19.06 1.14 $135.06 $1.56 1.17% 34 Commercial Containers 2 yd (3x per week)24.75 - 127.83 18.79 1.13 $172.50 24.75 1.85 - - (0.20) 129.48 0.27 19.06 1.14 $174.43 $1.93 1.12% 35 Commercial Containers 2 yd (4x per week)33.00 - 178.51 18.79 1.13 $231.43 33.00 2.58 - - (0.26) 180.83 0.27 19.06 1.14 $234.03 $2.60 1.12% 36 Commercial Containers 2 yd (5 x per week)41.25 - 229.06 18.79 1.13 $290.23 41.25 3.32 - - (0.33) 232.05 0.27 19.06 1.14 $293.50 $3.27 1.13% 37 Commercial Containers 2 yd (6 x per week)49.50 - 279.61 18.79 1.13 $349.03 49.50 4.05 - - (0.39) 283.27 0.27 19.06 1.14 $352.97 $3.94 1.13% 38 39 Commercial Containers 3 yd (1 x per week)16.50 - 57.54 22.33 1.34 $97.71 16.50 0.83 - - (0.10) 58.27 0.32 22.65 1.36 $98.78 $1.07 1.10% 40 Commercial Containers 3 yd (2 x per week)33.00 - 101.20 22.33 1.34 $157.87 33.00 1.46 - - (0.20) 102.46 0.32 22.65 1.36 $159.47 $1.60 1.01% 41 Commercial Containers 3 yd (3 x per week)49.50 - 144.96 22.33 1.34 $218.13 49.50 2.10 - - (0.29) 146.77 0.32 22.65 1.36 $220.28 $2.15 0.99% 42 Commercial Containers 3 yd (4 x per week)66.00 - 197.69 22.33 1.34 $287.36 66.00 2.86 - - (0.39) 200.16 0.32 22.65 1.36 $290.17 $2.81 0.98% 43 Commercial Containers 3 yd (5 x per week)82.50 - 271.86 22.33 1.34 $378.03 82.50 3.93 - - (0.49) 275.30 0.32 22.65 1.36 $381.81 $3.78 1.00% 44 Commercial Containers 3 yd (6 x per week)99.00 - 335.33 22.33 1.34 $458.00 99.00 4.85 - - (0.59) 339.59 0.32 22.65 1.36 $462.60 $4.60 1.00% 45 46 Commercial Containers 6 yd (1 x per week)33.00 - 92.68 24.82 1.49 $151.99 33.00 1.34 - - (0.20) 93.82 0.36 25.18 1.51 $153.51 $1.52 1.00% 47 Commercial Containers 6 yd (2 x per week)66.00 - 152.44 24.82 1.49 $244.75 66.00 2.20 - - (0.39) 154.25 0.36 25.18 1.51 $246.94 $2.19 0.89% 48 Commercial Containers 6 yd (3 x per week)99.00 - 212.10 24.82 1.49 $337.41 99.00 3.07 - - (0.59) 214.58 0.36 25.18 1.51 $340.27 $2.86 0.85% 49 Commercial Containers 6 yd (4 x per week)132.00 - 291.58 24.82 1.49 $449.89 132.00 4.22 - - (0.78) 295.02 0.36 25.18 1.51 $453.71 $3.82 0.85% 50 Commercial Containers 6 yd (5 x per week)165.00 - 371.13 24.82 1.49 $562.44 165.00 5.37 - - (0.98) 375.52 0.36 25.18 1.51 $567.21 $4.77 0.85% 51 Commercial Containers 6 yd (6 x per week)198.00 - 450.62 24.82 1.49 $674.93 198.00 6.52 - - (1.17) 455.97 0.36 25.18 1.51 $680.66 $5.73 0.85% 52 53 Commercial Containers 8 yd (1 x per week)44.00 - 108.70 25.89 1.55 $180.14 44.00 1.57 - - (0.26) 110.01 0.38 26.27 1.58 $181.86 $1.72 0.95% 54 Commercial Containers 8 yd (2 x per week)88.00 - 163.60 25.89 1.55 $279.04 88.00 2.36 - - (0.52) 165.44 0.38 26.27 1.58 $281.29 $2.25 0.81% 8/3/2016 2 of 4 H:\Andrea\SWAC\Republic Services FY 2017 Rate Adjustment Schedule 2016 2017 Disposal HHW Service Rental Tax CURRENT Disposal CPI Serv HHW FUEL IMPACT INC TEMP FUEL IMP Service CPI Rent Rental Tax PROPOSED increase % of increase 55 Commercial Containers 8 yd (3 x per week)132.00 - 217.40 25.89 1.55 $376.84 132.00 3.14 - - (0.78) 219.76 0.38 26.27 1.58 $379.61 $2.77 0.74% 56 Commercial Containers 8 yd (4 x per week)176.00 - 283.89 25.89 1.55 $487.33 176.00 4.10 - - (1.04) 286.95 0.38 26.27 1.58 $490.80 $3.47 0.71% 57 Commercial Containers 8 yd (5 x per week)220.00 - 357.66 25.89 1.55 $605.10 220.00 5.17 - - (1.30) 361.53 0.38 26.27 1.58 $609.38 $4.28 0.71% 58 Commercial Containers 8 yd (6 x per week)264.00 - 426.15 25.89 1.55 $717.59 264.00 6.16 - - (1.56) 430.75 0.38 26.27 1.58 $722.60 $5.01 0.70% 59 Commercial Containers 8 yd (7 x per week)308.00 - 764.24 25.89 1.55 $1,099.68 308.00 11.06 - - (1.82) 773.48 0.38 26.27 1.58 $1,109.33 $9.65 0.88% 60 61 Commercial Compactors 2 yd (base price per pickup per week) 5.08 - 48.15 0.00 0.00 $53.23 5.08 0.70 - - (0.04) 48.81 - - - $53.89 $0.66 1.24% 62 Commercial Compactors 3 yd (base price per pickup per week)7.62 - 65.74 0.00 0.00 $73.36 7.62 0.95 - - (0.06) 66.63 - - - $74.25 $0.89 1.21% 63 Commercial Compactors 4 yd (base price per pickup per week)10.15 - 83.72 0.00 0.00 $93.87 10.15 1.21 - - (0.08) 84.85 - - - $95.00 $1.13 1.20% 64 Commercial Compactors 5 yd (base price per pickup per week)12.70 - 101.73 0.00 0.00 $114.43 12.70 1.47 - - (0.10) 103.10 - - - $115.80 $1.37 1.20% 65 Commercial Compactors 6 yd (base price per pickup per week)15.24 - 119.17 0.00 0.00 $134.41 15.24 1.73 - - (0.12) 120.78 - - - $136.02 $1.61 1.20% 66 Commercial Compactors 8 yd (base price per pickup per week)20.32 - 160.21 0.00 0.00 $180.53 20.32 2.32 - - (0.14) 162.39 - - - $182.71 $2.18 1.21% 67 68 COMMERCIAL TEMPORARY TRASH 69 Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste)3.81 - 27.54 0.00 0.00 $31.35 3.81 0.40 - - (0.02) 27.92 - - - $31.73 $0.38 1.21% 70 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition)7.62 - 94.01 0.00 0.00 $101.63 7.62 1.36 - - (0.06) 95.31 - - - $102.93 $1.30 1.28% 71 Commercial Temporary Service 3 yd (Monthly Rent) - 0.00 22.33 1.34 $23.67 - - - - - - 0.32 22.65 1.36 $24.01 $0.34 1.44% 72 Commercial Temporary Service 3 yd (Daily Rent) - 0.00 0.73 0.04 $0.77 - - - - - - 0.01 0.74 0.04 $0.78 $0.01 1.29% 73 74 Commercial Temporary Service 6 yd Haul Svc (Municipal Solid Waste)7.62 - 37.86 0.00 0.00 $45.48 7.62 0.55 - - (0.05) 38.36 - - - $45.98 $0.50 1.10% 75 Commercial Temporary Service 6 yd Haul Svc (Construction and Demolition)15.24 - 138.37 0.00 0.00 $153.61 15.24 2.00 - - (0.12) 140.25 - - - $155.49 $1.88 1.22% 76 Commercial Temporary Service 6 yd (Monthly Rent) - 0.00 24.82 1.49 $26.31 - - - - - - 0.36 25.18 1.51 $26.69 $0.38 1.44% 77 Commercial Temporary Service 6 yd (Daily Rent) - 0.00 0.82 0.05 $0.87 - - - - - - 0.01 0.83 0.05 $0.88 $0.01 1.15% 78 79 Commercial Temporary Service 8 yd Haul Svc (Municipal Solid Waste)10.16 - 48.33 0.00 0.00 $58.49 10.16 0.70 - - (0.06) 48.97 - - - $59.13 $0.64 1.09% 80 Commercial Temporary Service 8 yd (Monthly Rent) - 0.00 25.89 1.55 $27.44 - - - - - - 0.38 26.27 1.58 $27.85 $0.41 1.49% 81 Commercial Temporary Service 8 yd (Daily Rent) - 0.00 0.85 0.05 $0.90 - - - - - - 0.01 0.86 0.05 $0.91 $0.01 1.11% 82 83 COMMERCIAL PERMANENT RECYCLING 84 Commercial Commingled Recyclable Collection Container Delivery Charge (3,5,6,8 yd options) - 22.49 0.00 0.00 $22.49 - 0.33 - - - 22.82 - - - $22.82 $0.33 1.47% 85 86 Commercial Commingled Recyclable Collection 3 yd (Extra Dump) - 13.34 0.00 0.00 $13.34 - 0.19 - - (0.02) 13.51 - - - $13.51 $0.17 1.27% 87 Commercial Commingled Recyclable Collection 3 yd (2 x month) - 17.68 22.33 1.34 $41.35 - 0.26 - - (0.05) 17.89 0.32 22.65 1.36 $41.90 $0.55 1.33% 88 Commercial Commingled Recyclable Collection 3 yd (1 x week) - 23.42 22.33 1.34 $47.09 - 0.34 - - (0.10) 23.66 0.32 22.65 1.36 $47.67 $0.58 1.23% 89 Commercial Commingled Recyclable Collection 3 yd (2 x week) - 56.47 22.33 1.34 $80.14 - 0.82 - - (0.20) 57.09 0.32 22.65 1.36 $81.10 $0.96 1.20% 90 Commercial Commingled Recyclable Collection 3 yd (3 x week) - 89.54 22.33 1.34 $113.21 - 1.29 - - (0.29) 90.54 0.32 22.65 1.36 $114.55 $1.34 1.18% 91 Commercial Commingled Recyclable Collection 3 yd (4 x week) - 122.61 22.33 1.34 $146.28 - 1.77 - - (0.39) 123.99 0.32 22.65 1.36 $148.00 $1.72 1.18% 92 Commercial Commingled Recyclable Collection 3 yd (5 x week) - 155.66 22.33 1.34 $179.33 - 2.25 - - (0.49) 157.42 0.32 22.65 1.36 $181.43 $2.10 1.17% 93 94 Commercial Commingled Recyclable Collection 5 yd (Extra Dump) - 17.27 0.00 0.00 $17.27 - 0.25 - - (0.04) 17.48 - - - $17.48 $0.21 1.22% 95 Commercial Commingled Recyclable Collection 5 yd (2 x month) - 31.04 22.64 1.36 $55.04 - 0.45 - - (0.08) 31.41 0.33 22.97 1.38 $55.76 $0.72 1.31% 96 Commercial Commingled Recyclable Collection 5 yd (1 x week) - 45.97 22.64 1.36 $69.97 - 0.66 - - (0.16) 46.47 0.33 22.97 1.38 $70.82 $0.85 1.21% 97 Commercial Commingled Recyclable Collection 5 yd (2 x week) - 86.90 22.64 1.36 $110.90 - 1.26 - - (0.33) 87.83 0.33 22.97 1.38 $112.18 $1.28 1.15% 98 Commercial Commingled Recyclable Collection 5 yd (3 x week) - 127.40 22.64 1.36 $151.40 - 1.84 - - (0.49) 128.75 0.33 22.97 1.38 $153.10 $1.70 1.12% 99 Commercial Commingled Recyclable Collection 5 yd (4 x week) - 168.11 22.64 1.36 $192.11 - 2.43 - - (0.65) 169.89 0.33 22.97 1.38 $194.24 $2.13 1.11% 100 Commercial Commingled Recyclable Collection 5 yd (5 x week) - 208.81 22.64 1.36 $232.81 - 3.02 - - (0.81) 211.02 0.33 22.97 1.38 $235.37 $2.56 1.10% 101 102 Commercial Commingled Recyclable Collection 6 yd (Extra Dump) - 21.08 0.00 0.00 $21.08 - 0.30 - - (0.05) 21.33 - - - $21.33 $0.25 1.19% 103 Commercial Commingled Recyclable Collection 6 yd (2 x month) - 38.80 24.82 1.49 $65.11 - 0.56 - - (0.10) 39.26 0.36 25.18 1.51 $65.95 $0.84 1.29% 104 Commercial Commingled Recyclable Collection 6 yd (1 x week) - 45.16 24.82 1.49 $71.47 - 0.65 - - (0.20) 45.61 0.36 25.18 1.51 $72.30 $0.83 1.16% 105 Commercial Commingled Recyclable Collection 6 yd (2 x week) - 96.12 24.82 1.49 $122.43 - 1.39 - - (0.39) 97.12 0.36 25.18 1.51 $123.81 $1.38 1.13% 106 Commercial Commingled Recyclable Collection 6 yd (3 x week) - 147.09 24.82 1.49 $173.40 - 2.12 - - (0.59) 148.62 0.36 25.18 1.51 $175.31 $1.91 1.10% 107 Commercial Commingled Recyclable Collection 6 yd (4 x week) - 198.05 24.82 1.49 $224.36 - 2.86 - - (0.78) 200.13 0.36 25.18 1.51 $226.82 $2.46 1.10% 108 Commercial Commingled Recyclable Collection 6 yd (5 x week) - 249.02 24.82 1.49 $275.33 - 3.60 - - (0.98) 251.64 0.36 25.18 1.51 $278.33 $3.00 1.09% 109 110 Commercial Commingled Recyclable Collection 8 yd (Extra Dump) - 28.99 0.00 0.00 $28.99 - 0.42 - - (0.06) 29.35 - - - $29.35 $0.36 1.24% 111 Commercial Commingled Recyclable Collection 8 yd (2 x month) - 48.01 25.89 1.55 $75.45 - 0.69 - - (0.13) 48.57 0.38 26.27 1.58 $76.42 $0.97 1.29% 112 Commercial Commingled Recyclable Collection 8 yd (1 x week) - 54.52 25.89 1.55 $81.96 - 0.79 - - (0.26) 55.05 0.38 26.27 1.58 $82.90 $0.94 1.15% 113 Commercial Commingled Recyclable Collection 8 yd (2 x week) - 115.70 25.89 1.55 $143.14 - 1.67 - - (0.52) 116.85 0.38 26.27 1.58 $144.70 $1.56 1.09% 114 Commercial Commingled Recyclable Collection 8 yd (3 x week) - 176.89 25.89 1.55 $204.33 - 2.55 - - (0.78) 178.66 0.38 26.27 1.58 $206.51 $2.18 1.07% 115 Commercial Commingled Recyclable Collection 8 yd (4 x week) - 238.09 25.89 1.55 $265.53 - 3.44 - - (1.04) 240.49 0.38 26.27 1.58 $268.34 $2.81 1.06% 116 Commercial Commingled Recyclable Collection 8 yd (5 x week) - 300.99 25.89 1.55 $328.43 - 4.35 - - (1.30) 304.04 0.38 26.27 1.58 $331.89 $3.46 1.05% 117 8/3/2016 3 of 4 H:\Andrea\SWAC\Republic Services FY 2017 Rate Adjustment Schedule 2016 2017 Disposal HHW Service Rental Tax CURRENT Disposal CPI Serv HHW FUEL IMPACT INC TEMP FUEL IMP Service CPI Rent Rental Tax PROPOSED increase % of increase 118 Commercial Commingled Recyclable Collection 95 gallon carts (1 cart/week) - 9.84 0.52 0.03 $10.39 - 0.14 - - (0.02) 9.96 0.01 0.53 0.03 $10.52 $0.13 1.25% 119 Commercial Commingled Recyclable Collection 95 gallon carts (2 cart/week) - 14.52 1.04 0.06 $15.62 - 0.21 - - (0.03) 14.70 0.02 1.06 0.06 $15.82 $0.20 1.28% 120 Commercial Commingled Recyclable Collection 95 gallon carts (3 cart/week) - 19.21 1.56 0.09 $20.86 - 0.28 - - (0.05) 19.44 0.03 1.59 0.10 $21.13 $0.27 1.29% 121 Commercial Commingled Recyclable Collection 95 gallon carts (4 cart/week) - 23.91 2.08 0.12 $26.11 - 0.35 - - (0.07) 24.19 0.04 2.12 0.13 $26.44 $0.33 1.26% 122 Commercial Commingled Recyclable Collection 95 gallon carts (5 cart/week) - 28.58 2.60 0.16 $31.34 - 0.41 - - (0.08) 28.91 0.05 2.65 0.16 $31.72 $0.38 1.21% 123 124 INDUSTRIAL TRASH 125 Industrial Trash Container Delivery Svc 6 - 10 yd - 22.82 0.00 0.00 $22.82 - 0.33 - - (0.07) 23.08 - - - $23.08 $0.26 1.14% 126 Industrial Trash 6 - 10 yd containers (Haul Svc) - 56.28 0.00 0.00 $56.28 - 0.82 - - (0.07) 57.03 - - - $57.03 $0.75 1.33% 127 128 Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste)34.98 - 0.00 0.00 0.00 $34.98 34.98 - - - - - - - - $34.98 $0.00 - 129 Industrial Trash 6 yd Disposal Fee (C&D/Compacted)69.96 - 0.00 0.00 0.00 $69.96 69.96 - - - - - - - - $69.96 $0.00 - 130 Industrial Trash 6 yd Disposal Fee (Wood)17.52 - 0.00 0.00 0.00 $17.52 17.52 - - - - - - - - $17.52 $0.00 - 131 Industrial Trash 6 yd Disposal Fee (Sheetrock)38.16 - 0.00 0.00 0.00 $38.16 38.16 - - - - - - - - $38.16 $0.00 - 132 Industrial Trash 6 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 133 Industrial Trash 6 yd (Monthly Rent) - 0.00 47.43 2.85 $50.28 - - - - - - 0.69 48.12 2.89 $51.01 $0.73 1.45% 134 Industrial Trash 6 yd (Daily Rent) - 0.00 1.56 0.09 $1.65 - - - - - - 0.02 1.58 0.09 $1.67 $0.02 1.21% 135 136 Industrial Trash 8 yd Disposal Fee (Municipal Solid Waste)46.64 - 0.00 0.00 0.00 $46.64 46.64 - - - - - - - - $46.64 $0.00 - 137 Industrial Trash 8 yd Disposal Fee (C&D/Compacted)93.28 - 0.00 0.00 0.00 $93.28 93.28 - - - - - - - - $93.28 $0.00 - 138 Industrial Trash 8 yd Disposal Fee (Wood)23.36 - 0.00 0.00 0.00 $23.36 23.36 - - - - - - - - $23.36 $0.00 - 139 Industrial Trash 8 yd Disposal Fee (Sheetrock)50.88 - 0.00 0.00 0.00 $50.88 50.88 - - - - - - - - $50.88 $0.00 - 140 Industrial Trash 8 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 141 Industrial Trash 8 yd (Monthly Rent) - 0.00 61.48 3.69 $65.17 - - - - - - 0.89 62.37 3.74 $66.11 $0.94 1.44% 142 Industrial Trash 8 yd (Daily Rent) - 0.00 2.02 0.12 $2.14 - - - - - - 0.03 2.05 0.12 $2.17 $0.03 1.40% 143 144 Industrial Trash 10 yd Disposal Fee (Municipal Solid Waste)58.30 - 0.00 0.00 0.00 $58.30 58.30 - - - - - - - - $58.30 $0.00 - 145 Industrial Trash 10 yd Disposal Fee (C&D/Compacted)116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - - - $116.60 $0.00 - 146 Industrial Trash 10 yd Disposal Fee (Wood)29.20 - 0.00 0.00 0.00 $29.20 29.20 - - - - - - - - $29.20 $0.00 - 147 Industrial Trash 10 yd Disposal Fee (Sheetrock)63.60 - 0.00 0.00 0.00 $63.60 63.60 - - - - - - - - $63.60 $0.00 - 148 Industrial Trash 10 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 149 Industrial Trash 10 yd (Monthly Rent) - 0.00 68.52 4.11 $72.63 - - - - - - 0.99 69.51 4.17 $73.68 $1.05 1.45% 150 Industrial Trash 10 yd (Daily Rent) - 0.00 2.25 0.14 $2.39 - - - - - - 0.03 2.28 0.14 $2.42 $0.03 1.25% 151 152 Industrial Trash Container Delivery Svc 20 - 40 yd - 22.82 0.00 0.00 $22.82 - 0.33 - - (0.07) 23.08 - - - $23.08 $0.26 1.14% 153 Industrial Trash/Recycling 20 - 40 yd screen lid/lift 0.00 $0.00 35.00 $35.00 154 155 Industrial Trash 20 - 40 yd containers (Haul Svc) - 125.53 0.00 0.00 $125.53 - 1.82 - - (0.07) 127.28 - - - $127.28 $1.75 1.39% 156 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Ada County) - 155.17 0.00 0.00 $155.17 - 2.25 - - (0.07) 157.35 - - - $157.35 $2.18 1.40% 157 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Waste Systems) - 246.69 0.00 0.00 $246.69 - 3.58 - - (0.07) 250.20 - - - $250.20 $3.51 1.42% 158 159 Industrial Trash 20 yd Disposal Fee (Municipal Solid Waste)116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - - - $116.60 $0.00 - 160 Industrial Trash 20 yd Disposal Fee (C&D/Compacted)233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - - - $233.20 $0.00 - 161 Industrial Trash 20 yd Disposal Fee (Wood)58.40 - 0.00 0.00 0.00 $58.40 58.40 - - - - - - - - $58.40 $0.00 - 162 Industrial Trash 20 yd Disposal Fee (Sheetrock)127.20 - 0.00 0.00 0.00 $127.20 127.20 - - - - - - - - $127.20 $0.00 - 163 Industrial Trash 20 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 164 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada County Landfill)800.00 - 0.00 0.00 0.00 $800.00 800.00 - - - - - - - - $800.00 $0.00 - 165 Industrial Trash 20 yd Disposal Fee (Asbestos - Idaho Waste Systems)800.00 - 0.00 0.00 0.00 $800.00 800.00 - - - - - - - - $800.00 $0.00 - 166 Industrial Trash 20 yd (Monthly Rent) - 0.00 78.78 4.73 $83.51 - - - - - - 1.14 79.92 4.80 $84.72 $1.21 1.45% 167 Industrial Trash 20yd (Daily Rent) - 0.00 2.59 0.16 $2.75 - - - - - - 0.04 2.63 0.16 $2.79 $0.04 1.45% 168 169 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste)174.90 - 0.00 0.00 0.00 $174.90 174.90 - - - - - - - - $174.90 $0.00 - 170 Industrial Trash 30 yd Disposal Fee (C&D/Compacted)349.80 - 0.00 0.00 0.00 $349.80 349.80 - - - - - - - - $349.80 $0.00 - 171 Industrial Trash 30 yd Disposal Fee (Wood)87.60 - 0.00 0.00 0.00 $87.60 87.60 - - - - - - - - $87.60 $0.00 - 172 Industrial Trash 30 yd Disposal Fee (Sheetrock)190.80 - 0.00 0.00 0.00 $190.80 190.80 - - - - - - - - $190.80 $0.00 - 173 Industrial Trash 30 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 174 Industrial Trash 30 yd Disposal Fee (Asbestos - Ada County Landfill)1200.00 - 0.00 0.00 0.00 $1,200.00 1,200.00 - - - - - - - - $1,200.00 $0.00 - 175 Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste Systems)1200.00 - 0.00 0.00 0.00 $1,200.00 1,200.00 - - - - - - - - $1,200.00 $0.00 - 176 Industrial Trash 30 yd (Monthly Rent) - 0.00 96.27 5.78 $102.05 - - - - - - 1.40 97.67 5.86 $103.53 $1.48 1.45% 177 Industrial Trash 30 yd (Daily Rent) - 0.00 3.16 0.19 $3.35 - - - - - - 0.05 3.21 0.19 $3.40 $0.05 1.49% 178 179 Industrial Trash 40 yd Disposal Fee (Municipal Solid Waste)233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - - - $233.20 $0.00 - 180 Industrial Trash 40 yd Disposal Fee (C&D/Compacted)466.40 - 0.00 0.00 0.00 $466.40 466.40 - - - - - - - - $466.40 $0.00 - 181 Industrial Trash 40 yd Disposal Fee (Wood)116.80 - 0.00 0.00 0.00 $116.80 116.80 - - - - - - - - $116.80 $0.00 - 8/3/2016 4 of 4 H:\Andrea\SWAC\Republic Services FY 2017 Rate Adjustment Schedule 2016 2017 Disposal HHW Service Rental Tax CURRENT Disposal CPI Serv HHW FUEL IMPACT INC TEMP FUEL IMP Service CPI Rent Rental Tax PROPOSED increase % of increase 182 Industrial Trash 40 yd Disposal Fee (Sheetrock)254.40 - 0.00 0.00 0.00 $254.40 254.40 - - - - - - - - $254.40 $0.00 - 183 Industrial Trash 40 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - - - $21.20 $0.00 - 184 Industrial Trash 40 yd Disposal Fee (Asbestos - Ada County Landfill)1600.00 - 0.00 0.00 0.00 $1,600.00 1,600.00 - - - - - - - - $1,600.00 $0.00 - 185 Industrial Trash 40 yd disposal Fee (Asbestos - Idaho Waste Systems)1600.00 - 0.00 0.00 0.00 $1,600.00 1,600.00 - - - - - - - - $1,600.00 $0.00 - 186 Industrial Trash 40 yd (Monthly Rent) - 0.00 110.03 6.60 $116.63 - - - - - - 1.60 111.63 6.70 $118.33 $1.70 1.46% 187 Industrial Trash 40 yd (Daily Rent) - 0.00 3.62 0.22 $3.84 - - - - - - 0.05 3.67 0.22 $3.89 $0.05 1.30% 188 189 Industrial Trash 10yd compactor Disposal Fee 116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - - - $116.60 $0.00 - 190 Industrial Trash 15yd compactor Disposal Fee 174.90 - 0.00 0.00 0.00 $174.90 174.90 - - - - - - - - $174.90 $0.00 - 191 Industrial Trash 18yd compactor Disposal Fee 209.88 - 0.00 0.00 0.00 $209.88 209.88 - - - - - - - - $209.88 $0.00 - 192 Industrial Trash 20yd compactor Disposal Fee 233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - - - $233.20 $0.00 - 193 Industrial Trash 25yd compactor Disposal Fee 291.50 - 0.00 0.00 0.00 $291.50 291.50 - - - - - - - - $291.50 $0.00 - 194 Industrial Trash 30yd compactor Disposal Fee 349.80 - 0.00 0.00 0.00 $349.80 349.80 - - - - - - - - $349.80 $0.00 - 195 Industrial Trash 36yd compactor Disposal Fee 419.76 - 0.00 0.00 0.00 $419.76 419.76 - - - - - - - - $419.76 $0.00 - 196 Industrial Trash 40yd compactor Disposal Fee 466.40 - 0.00 0.00 0.00 $466.40 466.40 - - - - - - - - $466.40 $0.00 - 197 198 INDUSTRIAL RECYCLING 199 Industrial Recycling Container Delivery Svc 6 - 10 yd - 22.82 0.00 0.00 $22.82 - 0.33 - - (0.07) 23.08 - - - $23.08 $0.26 1.14% 200 Industrial Recycling 6 - 10 yd containers (Haul Svc) - 56.28 0.00 0.00 $56.28 - 0.82 - - (0.07) 57.03 - - - $57.03 $0.75 1.33% 201 202 Industrial Recycling 6 yd (Monthly Rent) - 0.00 47.43 2.85 $50.28 - - - - - - 0.69 48.12 2.89 $51.01 $0.73 1.45% 203 Industrial Recycling 6 yd (Daily Rent) - 0.00 1.56 0.09 $1.65 - - - - - - 0.02 1.58 0.09 $1.67 $0.02 1.21% 204 205 Industrial Recycling 8 yd (Monthly Rent) - 0.00 61.48 3.69 $65.17 - - - - - - 0.89 62.37 3.74 $66.11 $0.94 1.44% 206 Industrial Recycling 8yd (Daily Rent) - 0.00 2.02 0.12 $2.14 - - - - - - 0.03 2.05 0.12 $2.17 $0.03 1.40% 207 208 Industrial Recycling 10 yd (Monthly Rent) - 0.00 68.52 4.11 $72.63 - - - - - - 0.99 69.51 4.17 $73.68 $1.05 1.45% 209 Industrial Recycling 10 yd (Daily Rent) - 0.00 2.25 0.14 $2.39 - - - - - - 0.03 2.28 0.14 $2.42 $0.03 1.25% 210 211 Industrial Recycling Contain Deliver Svc 20 -40 yd - 22.82 0.00 0.00 $22.82 - 0.33 - - (0.07) 23.08 - - - $23.08 $0.26 1.14% 212 Industrial Recycling 20- 40 yd containers (Haul Svc) - 125.53 0.00 0.00 $125.53 - 1.82 - - (0.07) 127.28 - - - $127.28 $1.75 1.39% 213 214 Industrial Recycling 20 yd (Monthly Rent) - 0.00 78.78 4.73 $83.51 - - - - - - 1.14 79.92 4.80 $84.72 $1.21 1.45% 215 Industrial Recycling 20 yd (Daily Rent) - 0.00 2.59 0.16 $2.75 - - - - - - 0.04 2.63 0.16 $2.79 $0.04 1.45% 216 217 Industrial Recycling 30 yd (Monthly Rent) - 0.00 96.27 5.78 $102.05 - - - - - - 1.40 97.67 5.86 $103.53 $1.48 1.45% 218 Industrial Recycling 30 yd (Daily Rent) - 0.00 3.16 0.19 $3.35 - - - - - - 0.05 3.21 0.19 $3.40 $0.05 1.49% 219 220 Industrial Recycling 40 yd (Monthly Rent) - 0.00 110.03 6.60 $116.63 - - - - - - 1.60 111.63 6.70 $118.33 $1.70 1.46% 221 Industrial Recycling 40 yd (Daily Rent) - 0.00 3.62 0.22 $3.84 - - - - - - 0.05 3.67 0.22 $3.89 $0.05 1.30% 222 0.00 223 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) - 125.53 0.00 0.00 $125.53 - 1.82 - - (0.07) 127.28 - - - $127.28 $1.75 1.39% 224 225 INDUSTRIAL BIOSOLIDS 226 Biosolids Biosolids Hauling - Ada County Landfill (per haul)466.40 - 192.11 0.00 0.00 $658.51 466.40 2.78 - - (0.07) 194.82 - - - $661.22 $2.71 0.41% 227 Biosolids Biosolids Hauling - Idaho Waste Systems Landfill (per haul)407.00 - 255.95 0.00 0.00 $662.95 407.00 3.71 - - (0.07) 259.59 - - - $666.59 $3.64 0.55% 228 229 MISCELLANEOUS CHARGES 230 Miscellaneous Collection Tires 9 (ea.) up to 16 inch - 5.47 0.00 0.00 $5.47 - 0.08 - - - 5.55 - - - $5.55 $0.08 1.46% 231 Miscellaneous Collection Freon-containing units/appliances - 52.14 0.00 0.00 $52.14 - 0.76 - - - 52.90 - - - $52.90 $0.76 1.46% 232 Miscellaneous Collection Non-Freon units/appliances 0.00 $0.00 15.00 $15.00 233 Miscellaneous Collection Special Collection (for each increment of 10 minutes) - 20.90 0.00 0.00 $20.90 - 0.30 - - - 21.20 - - - $21.20 $0.30 1.44% 234 Miscellaneous Collection Bulky Item Pickup (per item)0.00 $0.00 15.00 $15.00 235 Miscellaneous Collection Extra Cart Pickup/Go Back (per occurrence)1.10 - 10.12 0.00 0.00 $11.22 1.10 0.15 - - (0.07) 10.20 - - - $11.30 $0.08 0.71% 236 Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial - 22.82 0.00 0.00 $22.82 - 0.33 - - (0.07) 23.08 - - - $23.08 $0.26 1.14% 237 Industrial Services Turnaround compactor fee -Commercial/Industrial - 15.96 0.00 0.00 $15.96 - 0.23 - - - 16.19 - - - $16.19 $0.23 1.44% 238 Miscellaneous Collection Weekend Charge - Industrial - 64.57 0.00 0.00 $64.57 - 0.94 - - - 65.51 - - - $65.51 $0.94 1.46% 239 Miscellaneous Collection Pressure Wash - Industrial - 190.45 0.00 0.00 $190.45 - 2.76 - - (0.07) 193.14 - - - $193.14 $2.69 1.41% 240 Industrial Services Dry Run - Large industrial containers and compactors - 96.99 0.00 0.00 $96.99 - 1.41 - - (0.07) 98.33 - - - $98.33 $1.34 1.38% 241 Industrial Services Dry Run (6 - 10 yd) - 56.28 0.00 0.00 $56.28 - 0.82 - - (0.07) 57.03 - - - $57.03 $0.75 1.33% Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Ada County 2025 Ada County 2025 - Ada County Comprehensive Plan 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: August 9, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Parks and Recreation Public Hearing: Proposed Fall 2016 Fee Schedule of the Meridian Parks and Recreation Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 9, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: B. Resolution No. 1(0 d(�;'� : A Resolution Adopting the Fall 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 r)ntP MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ( � - ( I �< BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS 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 August 9, 2016, 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 ExhibitA 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 9th day of August, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of August, 2016. APPROVED: PQO�pZEDAfJGUSTmmy erd,._Mayor O AT EST: _0 .� D /► City uP w IOANO City Clerk W SEAL ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE I OF 1 Exhibit A CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, August 9, 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: App Development Workshop $219.00 Art & Design For Kids $199.00 Experiential Crystal & Rock Workshop $48.00 Game Programming For Kids $199.00 Hip Hop $30.00 - $35.00 JavaScript For Beginners $249.00 Jazz & Lyrical $35.00 Jump Jive Boogie Woogie $32.00 Kids Yoga $32.00 Learn To Love Lacrosse 1 Day Clinic $27.00 Learn To Love Lacrosse $36.00 Little Pallets $48.00 Mini Dance Ballet & Jazz $25.00 - $30.00 Pickleball 101 $55.00 Preschool Fun $39.00 Preschool Fun Plus $46.00 Stretch & Strengthen $40.00 Tumble & Twist $35.00 - $50.00 Write Beautifully and Speak Confidently $199.00 Zumba Fitness — I day per week $24.00 - $30.00 Zumba Fitness — 2 day per week $48.00 - $54.00 DATED this 22°d day of July, 2016 WHh&4X 44c�,�rn nuc°S�'1 JAYCEE HOLMAN, CITY -)F. PUBLISH on July 25t'' and August 1St, 2016 SEAL ti the TftO a��,�y Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Executive Session as per Idaho State Code 74-206 (1) (f) -To Consider and Advise Its Legal Representatives in Pending Litigation; 74-206A(1) (a) (1) - All negotiations between a governing body and a labor organization shall be in open session and shall be available for the public to attend. Provided, however, a governing body or its designated representatives may hold an executive session for the specific purpose of: (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 Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 1 1 PROJECT NUMBER: ITEM TITLE: PY2016 Community Development Block Grant Public Hearing: PY2016 Community Development Block Grant (CDBG) Action Plan (Public Hearing will be left open and additional testimony will be taken at 6:00 p.m.) 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 Appendix E PY2016 CDBG Action Plan Public Comments Received as of 8/5/2016 Name Mark Thompson Last Thompson Name Email Beamsfl5eAhotmail.com Address Street 489 W Dreyfuss St Address City Meridian State IID Zip Code 83646 Subject Change to low income housing meeting Message I would request that the Meridian city council meeting on the proposed low income housing be rescheduled to an evening hour (after bpm) so working, voting, and tax paying members of the community be able to attend. As it currently stands, having the meeting at Spm would effectively preclude most «=orking taxpayers from being able to hear the arguments and potentially voice specific concerns_ Thank you Name C;loma Felly Last Kelly Name Email cathy kellY624rqhotmail.com Address Street 2783 ZIT Lost Rapids Dr Address City Meridian State ID Zip Code 83646 Subject Subsidized Housing in Meridian Message The abov, e. topic is scheduled to be heard by the City Council on 7/9/16 at 3.00pin. Due to the importance & interestmi this proposal/subject, the are requesting that the hearing be rescheduled for an evening City Council Meeting in order for more people to be able to attend & express their opinion. 1IPage Councilmen Ty Palmer, lt's been nearly a week since I sadly watched a news report interviewing you while you discussed your disdain about the potential placement of low income housing in Meridian. Having grown up and still practicing the Catholic faith it's inherent in my core beliefs the importance of social justice. We have a responsibility to help balance the scales in our society. Councilman Palmer, if you think for even a minute that our community is made up of individuals that live a comfortable life 1 encourage you to get out walk the neighborhoods. Discover yourself the unique needs of our neighborhoods and the people who live in them. Having retired from law enforcement (Crime Prevention) after a 25 year span, my absolute favorite area to work in was in North Portland a low income housing WWII development called Columbia Villa, it was (and still is) the largest public housing stock in Oregon. In 2005 the development received a grant to rebuild and working with the community, law enforcement, housing authority and the City of Portland a new project rose up from the ashes called New Columbia_ I say this, as working as a team, much can be accomplished. I have the utmost faith in our Meridian Police Department, City of Meridian and the community to make great things happen to keep our city the wonderful city it is. Although I've seen you at several community meetings, up until I heard this news report I hadn't known your core characteristics. Needless to say, I'm deeply disappointed. If life has treated you well, as it seems it has, then justice demands that you help balance the scales. Please begin to think beyond yourself. Respectfully, Melissa Delaney 2676 W Creekstone Ct. Meridian, ID 83646 MeiissadelaneyW@yahoo.com 21 Page Nance Nathan Herren Last Name Herren Email Address nathanherrentAgmail.com - . Street Address 10485 W. Sati�tail Street City Boise State Idaho 83711 Co ie Subject Ty Palmer must go Message It's readily apparent that Ty Palmer is precisely the type of person who should never be allotted to hold any public office whatsoever. "If its subsidized whatever the income range, it's going to attract the kinds of people that are going to be more prone to criminal activity," said Meridian City Councilman Ty Palmer. If you allowed hint to, lie would lead you down a path that ends in violations of the Fair Housing Act -Apparently, he's unaware that income levels are not indicative of criminal activity. Indeed, even our mvn Governor engaged in criminal activity while in office: Together, the Governor. Secretary of State, Attorney General and Treasure galley Racing violated the RICO act specifically, these provisions: (1) Mlegal gambling business? means a gambling business which? (i) is a violation of the law of a State or political subdivision in which it is conducted; (ii) involves five or more persons who conduct finance, manage., supervise, direct or oivn all or part of such business-, and (iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. https:Ituivtiv.laiv.cornell.edi kiscodeltextf18/1955 Remove hum from office_ He's as inept as he is stupid_ I am unable to attend the public hearing on August 9th to address this request but I truly want my voice to be heard I take offense to the statement made by Xleridian City Councilman Ty Palmer that affordable housing will attract the kinds of people that are going to be more prone to criminal activity. Most criminals have a higher income level than the old or disabled_ All poor people are not criminals, and all criminals are not poor. I am in the midst of having to move out of Meridiat-L my home tows, because there is virtually nothing here I can afford to rent I am a law abiding citizen that through the death of my husband, my health, and my age, can no longer work & cannot afford to remain in my home; I will be retiring in October. I have been a lifelong Idaho resident and worked as a productive citizen all of my adult life, I am a community volunteer and I have clever had even a traffic ticket, I have raised 4 solid, good children to be law abiding adults, and I will not be able to stay in my home tovm if I cannot fund affordable housing in Meridian - PLEASE 1 eridian.PLEASE! Do not paint us all using the same brush, it just isn't true. I lvould urge every council member to consider this proposal because it is NOT a crime to make under 535,000 per year_ It will be too late to help me, but hopefully not the next person that finds themselves suddenly in need of a decent place to live within their mini community_ Thank you for listening, Sincerely, Pam Henderson 5374 N. Ballinger Avenue I4ieridian, ID 83646 208-884-3740 31 Page Nance Diu Do cat Last Name Donat Email dtu_donatQ( Vahoo_cotn Address Street 2654 E Lakewood Dr Address City Meridian State ID Zip Code 83646 Subject Low. Income Housing Rlessage 114r. Palmer, thank you for taping a stand on the low income housing. Meridian is so busy building many, many houses on tiny lots that the allure of the city and personality of the city is changing_ Additional low income housing is the last thing i e need. Subject: Support for Mayor Tammy Francis Gandy -Walsh called. She is an Eagle resident and Meridian property owner/ taxpayer. She is upset with the comments made by Councilman Ty Palmer regarding low-income housing. She feels he does not understand that low pay does not equate to criminal behavior. Her daughter is a probation officer and doesn't make much money but is a good mother who does not get child support. Her daughter and many others need affordable housing. She said "he is discriminating against women and pedaling hate." She supports Mayor Tammy and knows she has done a great job. She asked for his phone number and will be calling him. Francis Gandy -Walsh 203 340-1932 Peggy t ea Administrative Assistant to Mayor Tammy de Weerd 41 Page It was a shock as my wife & I watched channel 7 news and learned of the proposed plan to build a "low income" "government assisted' housing development on 2 Y2 street. When I hear the term "diversity' as it is used in today's world, I feel the need to vomit. We already have, in Meridian, many love. income Government assisted projects, which in my opinion, and speaking from experience, negates in some folks, the need to work hard, and produce, My wife and I have been property owners at 1620 E 2'r4 street since 1991, and we are adamantly and vehemently. opposed to such a project. I am 71 years old, and I am NOT pre judging, but from personal experience 1 know that unless these units will be for disabled or seniors, there will be issues, when people take advantage of the "system" and choose to just waste time. Too much time on your hands creates, problems. We have enjoyed a peaceful home here and wish to keep it that vvay. We have lived next doorto Cherry Lane Apartments since we bought our home, and I can vouch that a large percentage of the occupants there do NOT work, generally loaf all day, collect assistance checks, do nothing, and I see NO reason to encourage this behavior, and there have been issues over the years, with do nothing tenants. There are much better places to consider this project than one block off of Main Street. Meridian is growing and prospering, and we feel that this project is ill conceived, and not needed on this street, nor this close to town. The schools locally, to my knowledge, are full to bursting, the street has NO sidewalks, Cole Valley school at the comer contributes over 100 cars daily when in session, and we feel this street could not handle another 150 to 200 vehicles daily on top of that, which is a conservative number. Other than the safety concerns, we feel that the influx of people qualified to occupy such a complex, would be detrimental to our neighborhood, and a very serious safety concern. Our street is somewhat quiet and peaceful, even with the traffic increase in the last few years, and we would like to keep it that way. This project would be much better suited to a location further from downtown, where schools, safety and traffic would be less of a problem. What is really needed are single family dwellings, and folks who would take pride in their homes. We will be at the meeting next month to verbally state our position of displeasure on this matter, "diversity" isn't needed on 2 Y Street! 11 William & Eileen Gardoski 51 Page in reference to Meridian's City Council thinking about awarding low income housing subsidies from the federal government to developers to build apartments in old town Meridian, we should pander the following: At the basis of everybody arguing FOR this government subsidy, they are arguing from the premise that one faction of society owes another faction of society free housing, free food stamps, free did for dependent children, free iPhones, and in essence total vifelfare for the recipients' existence. The question is: by what moral or even constitutional right does one group claim another group owes it a living? Do we reside in a "needs based" society in which economics is a zero-sum game and those who somehow "prove" they are more needy than others deserve to receive capital or savings or tax money from those who are somehow defined to be "less needy?' if we try to live in a "needs based" society, vire are not being humane, vire are destroying our culture by trying to implement a philosophy that is a contradiction in terms. if everybody°s rights to receive are determined by their "neediness," everybody will try to become needy instead of taking responsibility for their own actions. How do we determine who is the most needy?` If I have the right to receive, and my neighbor has reciprocal rights to receive, then vire are basically attempting to implement reciprocal rip-off rights, a contradiction in terns. it can never be implemented and, in fact, will result in wrecking the natural functioning of a free market economy as it destroys real market prices and substitutes government handouts as fake market prices instead. So, in summary of Point 1, the premise of subsidized housing is a bad economic move and should be rejected. 2. Having lived (some 20 years ago) in areas in California in which subsidized "projects" were implemented, and traveling the East Coast of America and seen the same, the empirical evidence is overvirl}elming that subsidized rentals create high -crime slum areas. People who have no personal investment in their own property - whether housing or other property — either have no respect for said property and actually do not like the welfare they hate to identifyy with as receiving or, in other cases, use the facilities as drug lags or other nefarious activities because it lovers their overhead expenses and they're not really "living" there anyway. It's a place of business, not a home for poor starving children. Yes, it all sounds good on paper, and Joe Doe can start out really living there, but he may be inclined after being offered lots of money to let his "brother, move in and use the subsidized apartment as a meth lab, for example_ Is this true in every case? Of course not_ Does it happen in subsidized housing? Look at every major city in the U.S, and see what happens in "the projects." After a couple of decades, the city or county ends up blowing up the "projects" and the developer is long gone. After all, the developer received his free government -backed funny money and all the agencies involved in this mass bureaucracy will swear up and down that their only intent was to help the poor, starving, and needy — there's that premise again, needs -based rights -to -receive philosophy — by providing government tax money. Which leads us to finances. 61 Page 3. Where does the government money come from? Some from taxation but most of it comes from the central bank's - the Federal Reserve's — dumping our gold standard and simply printing up trillions and trillions of non -backed capital and flooding the economy with it. Welcome to Keynesian Economics, in which it is presumed that one can enrich an economy by injecting tons of printed up paper which does not represent real capital but rather future taxation if that is possible. Is it possible for our nation to continue pumping out trillions of fake dollars and pretending we are rich? Add up all the little amounts the federal government is dumping into the economy — we're up to $20 trillion today - plus the future government promised debt — around $450 quadrillion for social security, medical, and other expenditures — and it is easy to see how vie are bankrupting ourselves. So the Meridian City Council could simply say, "So what's another $400,000 that tine receive free from the federal goverment'?" A drop in the bucket. Or the Meridian City Council could say, ,Hey, if we don't take this money, someone else will." These are poor excuses to spend fake government money for questionable housing solutions in the first place with a bad premise. 4. In summary, the axiomatic primaries —the root moral philosophy -- for establishing a "needs - based' society is highly questionable since it is a contradiction in terms, in the long run. Looks good on paper, maybe, but it is a violation of taxpayer rights to control their own money rather than the federal government playing Welfare Broker with the people's tax money and inflated currency. Secondly, economics is not a zero-sum game. Capital is not a constant. it is created and increased by hard work and individuals risking capital in the market. Government intervention destroys market prices, and thus all exchange of commodities and services relative to real supply and demand. Let the free market work and allow all individuals to participate freely in non -infringing free market exchanges without force or fraud_ This, by the way, will greatly help those whose needs -based "poverty" we are talking about and whose poverty is actually the result of previous governmental intervention into what would have been a market economy, ostensibly to "help' the "needy." May I remind you of the real estate bubble and subsequent crash in 2003? And it looks like we're heading down that same path again — right after the Fed's Sally Mae took over student loans, whose current indebtedness has now surpassed the nation's current housing mortgage morass. Same game, different target. First housing, then students, you get the picture... urge the Meridian City Council to reject low rent subsidized money to build "projects" or 'welfare apartments' or whatever nicey-nicey name the developers want to ascribe to their receipt of cheap government money. Thanks for listening, Harry Lear Meridian, Idaho 71 Page An article appeared in Meridian Press July 11th, 2016 and covered the July 5th (Meridian City Council meeting at which subsidized housing for Meridian voas a topic. Two of the major players were: VCD.LLC and The Housing Company both of whom are HUD associates. They make their money building lour income federal housing. Of coursee they want to build in Meridian. They'll build anywhere they are allowed in - The US Department of Housing and Urban Development used Dallas as a test area for larger vouchers in outlying areas. T he city is now experiencing more violence, Dallas now has- one of the highest murder rates in the nation. Lour income housing tends to morph into crime areas as was demonstrated when the lived in W A state. Large low income apartments were built in Federal W, ay near where we lived. With in two months it oras no longer safe to shop at Atbertsons after dark. The entire neighborhood is now a complete disaster. Property values plummeted, and the streets are a mess. Doug Croxvther of VCD stated at the meeting that, "Federally- subsidized housing is held to strict standards, and tenants must be felony -free". An editorial from M-ESTOR'S BUSINESS DAILY 4/11116 disagrees_ The article is headlined..... HUD Threatens To Sue Landlords Who Screen Tenants For Felonies. (Please read_) Here is a quote: "In a newly released 10 -page missive, HUD warns landlords they can be held liable for discrimination if they deny housing over criminal records". Please "Google": "Affirmative1y Furthering Fair Housing." This'arill give you an accurate idea about that is planned for us. In the mean time .... ._.We sure don't need a large complex with 74 units aging into an uncontrollable disaster for our city_ Please vote to keep additional federal housing out of Meridian - F_ W anta ---- Meridian resident 81 Page 1 Machelle Hill From:Jaycee Holman Sent:Tuesday, August 02, 2016 10:07 AM To:Machelle Hill Subject:FW: Low income housing in Meridian.....re: meeting August 9th From: Luke Cavener Sent: Monday, August 01, 2016 10:31 PM To: Jaycee Holman Subject: Fwd: Low income housing in Meridian.....re: meeting August 9th Can you include in the record. Thanks! Sent from my iPhone Begin forwarded message: From: "F. Wanta" <witamyx2@earthlink.net > Date: August 1, 2016 at 9:19:17 PM MDT To: <lcavener@meridiancity.org > Subject: Low income housing in Meridian.....re: meeting August 9th Sent from my iPad From: "F. Wanta" < witamyx2@earthlink.net > Date: August 1, 2016 at 9:01:43 PM MDT Subject: Low income housing in Meridian An article appeared in Meridian Press July 11th, 2016 and covered the July 5th Meridian City Council meeting at which subsidized housing for Meridian was a topic. Two of the major players were: VCD,LLC and The Housing Company both of whom are HUD associates. They make their money building low income federal housing. Of course they want to build in Meridian. They'll build anywhere they are allowed in. The US Department of Housing and Urban Development used Dallas as a test area for larger vouchers in outlying areas. The city is now experiencing more violence. Dallas now has one of the highest murder rates in the nation. 2 Low income housing tends to morph into crime areas as was demonstrated when we lived in WA state. Large low income apartments were built in Federal Way near where we lived. With in two months it was no longer safe to shop at Albertsons after dark. The entire neighborhood is now a complete disaster. Property values plummeted, and the streets are a mess. Doug Crother of VCD stated at the meeting that, "Federally- subsidized housing is held to strict standards, and tenants must be felony-free". An editorial from INVESTOR'S BUSINESS DAILY 4/11/16 disagrees. The article is headlined.....HUD Threatens To Sue Landlords Who Screen Tenants For Felonies. (Please read.) Here is a quote: "In a newly released 10-page missive, HUD warns landlords they can be held liable for discrimination if they deny housing over criminal records". Please "Google": "Affirmatively Furthering Fair Housing." This will give you an accurate idea about what is planned for us. In the mean time.......We sure don't need a large complex with 74 units aging into an uncontrollable disaster for our city. Please vote to keep additional federal housing out of Meridian. F. Wanta ----- Meridian resident Sent from my iPa Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Community Development Block Grant Resolution No. ! : A Resolution approving the Draft PY2016 Community Development Block Grant Action Plan for submission to U.S. HUD for review. MEETING NOTES - iN c) APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. L � -11 s BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2016 DRAFT ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2016; and WHEREAS, the City held a public hearing on the Program Year 2016 Action Plan on August 9, 2016, and held a public comment period on the draft application materials from July 5, 2016 to August 9, 2016. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Draft Program Year 2016 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, adopted as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Draft Program Year 2016 Action Plan 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 City Council of City of Meridian, Idaho this 9th day of August, 2016. APPROVED by the Mayor of APPROVED: C 0 2 Mayor T y de Weerd f Meridian, Idaho, this 9th day of August, 2016. ATTEST: w 11yof IDIAN y: IDAHO Jayce . Holman, City C erk SEAL RESOLUTION ADOPTING CDBG DOCUMENTS Page I OF I 2016 DRAFT Action Plan Community Development Block Grant Program City of Meridian, Idaho City of Meridian, Idaho 2 2016 DRAFT Action Plan TABLE OF CONTENTS EXECUTIVE SUMMARY I. Introduction……………………………………………………………………………………………………………….6 II. Evaluation of Past Performance………………………………………………………………………………….9 III. Summary of Citizen Participation Process 91.220 (b)…………………………………………………11 IV. Summary of Resources 91.220(c)(1) and (C)(2)…………………………………………………………16 V. Annual Objectives 91.220 (c)(3)………………………………………………………………………………..20 VI. Description of Activities 91.220 (d) and (e)……………………………………………………………….23 a. Description of 2016 Housing Activities b. Description of 2016 Public Service Activities c. Description of 2016 Public Facility Activities d. Description of 2016 General Program Administration e. Description of 2016 Fair Housing Activities VII. Geographic Distribution and Obstacles to Addressing Underserved Needs………………29 VIII. Additional Requirements………………………………………………………………………………………….32 a. Annual Affordable Housing Goals 91.220 (g) b. Public Housing 91.220 (h) c. Homeless and Special Needs 91.220 (i) d. Barriers to Affordable Housing 91.220 (j) e. Other Actions 91.220(k) IX. Program Specific Requirements 91.220 (II)(1)……………………………………………………………35 a. Program Income b. Activities to Benefit LMI persons c. Monitoring APPENDICES Appendix A: Tables 3A Summary of Specific Annual Objectives…………………………………………37 3B Annual Affordable Housing Completion Goals……………………………….40 3C Consolidated Plan Listing of Projects……………………………………………..41 Appendix B: Certifications……………………………………………………………………………………..53 Appendix C: SF 424………………………………………………………………………………………………..60 Appendix D: Public Notices…………………………………………………………………………………….64 City of Meridian, Idaho 3 2016 DRAFT Action Plan EXECUTIVE SUMMARY City of Meridian, Idaho 4 2016 DRAFT Action Plan Executive Summary Meridian Program Year 2016 Action Plan As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2016 (PY2016) funding for the City of Meridian is anticipated in the amount of $356,324. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment and (2) provide decent housing. During the PY2016, Meridian intends to focus on investing in public facility projects located in LMI neighborhoods with a direct benefit to LMI residents. Meridian will also invest CDBG funds in public services to benefit LMI persons and to advance a suitable living environment. In addition to these public facilities and public services, Meridian will also designate Non- Administrative funds to assist in providing decent housing to LMI homebuyers. Category & Activity Activity Total Categorical Total Administration & Planning (no more than 20% of Entitlement Grant) Administration, Fair Housing & Planning Activities $65,500.00 SUBTOTAL $65,500.00 Suitable Living Environment Public Facility $127,376.00 Meridian Public Works - LMI Street Light Installation $127,376.00 Public Service (no more than 15% of Entitlement Grant) $53,448.00 Hunger Relief/Meridian Food Bank $36,448.00 Boys & Girls Club – Scholarship Program $10,000.00 The Jesse Tree of Idaho – Homelessness Prevention $7,000.00 SUBTOTAL $180,824.00 Decent Housing Affordable Housing Sidewalk Design for 2 ½ St Multifamily Development $50,000.00 Homes Homebuyers Assistance/Neighborhood Housing Services $30,000.00 Homebuyers Assistance/Ada County Housing Authority $30,000.00 SUBTOTAL $110,000.00 TOTAL $356,324.00 City of Meridian, Idaho 5 2016 DRAFT Action Plan SECTION I Introduction City of Meridian, Idaho 6 2016 DRAFT Action Plan Section I Introduction Purpose of this Document. The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD’s Community Development Block Grant (CBDG) Program. The 2016 program year will mark the City’s tenth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2016 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian’s 2012 – 2016 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2016 through September 30, 2017. The lead agency responsible for overseeing the development of this plan is the City of Meridian, with specific charge assigned to the CDBG Administrator position within the Community Development Department. City of Meridian CDBG Program Mission Statement. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City’s mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City’s primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for - profit and non-profit organizations. Consolidated Plan. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian’s Consolidated Plan spans program years 2012 through 2016 and addresses the community’s most critical housing and communit y development needs. The PY2012 Action Plan represented the first year using the 2012 – 2016 Consolidated Plan; the PY2016 Action Plan is the fifth year under the current Consolidated Plan. The current Consolidated Plan may be found here on the City of Meridian Website. Action Plan. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City’s intended actions to occur during that specific year. The PY2016 Action Plan identifies the objectives the City hopes to achieve from October 1, 2016 through September 30, 2017, and outlines the activities the City will undertake to achieve those objectives. City of Meridian, Idaho 7 2016 DRAFT Action Plan Consolidated Annual Performance and Evaluation Report (CAPER). At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year’s accomplishments. This information allows HUD, city officials, and the general public to evaluate the City’s performance and determine whether the activities undertaken during the year helped to (1) meet the City’s five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. Submittal to HUD. In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action pl an no later than August 16, 2016. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 8 2016 DRAFT Action Plan SECTION II Evaluation of Past Performance City of Meridian, Idaho 9 2016 DRAFT Action Plan Section II Evaluation of Past Performance Since 2007, Meridian has successfully managed $2,403,975 (an average of $267,108.33) in resources from its annual CDBG allocation. Over these eight years, the City’s expenditures from its CDBG allocation have produced the following results:  Constructed sidewalk to improve walkability, safety and overall quality of life for low- moderate income neighborhoods.  Constructed a fitness path with equipment for the Meridian Elementary School.  Provided case management to 5 homeless Meridian families in efforts to place them into decent, affordable housing.  Assisted 15 new homeowners to purchase homes.  Completed three façade improvement projects with the Meridian Development Corporation.  Provided over 240,000 persons with food through the Meridian Food Bank.  Initiated a transportation service for the local Boys and Girls Club.  Provided scholarships to over 79 children to attend fee-based programs at the local Boys and Girls Club  Completed 11 public facility projects.  Completed 349 code enforcement cases within the downtown LMI area. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERs) for Program Years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014—for the period beginning October 1, 2007 and ending September 30, 2015. The CAPERs demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate income individuals and families, well over the 70 percent statutory minimum requirement. The City did not exceed the regulatory caps of 20 percent for administration and planning. The maximum funding available under CDBG regulations, 15% of the annual entitlement, was made available for public service activities. The City has met its expenditure of grant funds deadlines imposed by HUD each year. City of Meridian, Idaho 10 2016 DRAFT Action Plan SECTION III Summary of Citizen Participation Process City of Meridian, Idaho 11 2016 DRAFT Action Plan Section III Summary of Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CD BG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents’ expectations and (2) responsive to neighborhood and stakeholder concerns. The City works with non-profit organizations to encourage the participation of p rogram beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. Meridian went through an extensive citizen participation process for the development of the 2012-2016 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City’s five year plan for utilization of the grant funds. The citizen participation process for the 2016 Action Plan followed the process identified in the City’s Citizen Participation Plan, adopted with the 2012-2016 Consolidated Plan. The process consisted of the following: 2016 Dates  May 11: Public CDBG Workshop to provide information and seek input from non-profit organizations and potential sub-recipients.  June 24: Scoring Committee and Council Recommendations  July 4 and July 18: Legal Notice for public comment period and public hearing published in Valley Times and Idaho Statesman.  July 5 - August 9: Public Comment Period on Annual Action Plan  August 9: Public Hearing on Annual Action Plan City of Meridian, Idaho 12 2016 DRAFT Action Plan Figure III-1. Survey Distribution, City of Meridian, 2011 Source: BBC Research & Consulting and City of Meridian. The resident survey was administered between November 16th and December 15th of 2011 during the 2012-2016 consolidated planning process. The survey asked residents to identify the level of need for a variety of CDBG-eligible activities falling within the following categories: community facilities, infrastructure, special needs, community services, neighborhood services, businesses and jobs and housing. A total of 330 residents participated in the survey. Efforts made to broaden citizen participation. Because not all residents have access to the internet or read the public notices published in the newspapers, the City designed posters to be displayed at different locations throughout LMI neighborhoods. The posters informed the public about the CDBG program, anticipated projects, and the opportunity to provide comments on the plan. The posters were displayed at New Ventures Lab, the Meridian Library, and Meridian City Hall. In addition, the City utilized social media to reach out to citizens who might not otherwise know about the program. Outreach process for draft plan. The City invited comment on the draft 2016 Action Plan from July 5, 2016 through August 9, 2016. A public meeting was held on August 9, 2016 at the accessible City Hall location. Organizations Contacted Distribution Mediums Ada County Boys and Girls Club City of Meridian website Ada County Housing Authority City of Meridian electronic newsletter Chief Joseph Elementary School City of Meridian Facebook page City of Meridian City Clerk City of Meridian Twitter page City of Meridian Planning Department HOA email distribution lists El Ada Community Action Partnership Press release to local newspapers Friends in Action Public school email list Idaho Legal Aid Services Utility bills Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley City of Meridian, Idaho 13 2016 DRAFT Action Plan Advertising for the comment period was accomplished through the City’s website and legal advertising. Advertisements announcing the availability of plans, the public hearing and comment period were published in the Idaho Statesman and the Valley Times on July 4 and 18, 2016 (see Appendix D). The draft plans were made available at the City offices and on the City’s website during the comment period. Comments were accepted via e-mail, mail and in-person at the City’s Community Development Department. Summary of comments. TO BE COMPLETED after the Public Hearing on the 9 th of August, 2016. Prior to the public hearing, nine (9) persons submitted public comment. At the public hearing held on August 9, 2016, xxx (X) persons provided testimony. A link to the City Council meeting and public comment is located on the city website in video form here (the comments start at minute XX and ends and XX); the transcription of the comment and response will be appended below on page 14-X : City of Meridian, Idaho 14 2016 DRAFT Action Plan SECTION IV Summary of Resources City of Meridian, Idaho 15 2016 DRAFT Action Plan Section IV Summary of Resources The 2016 Action Plan represents an allocation of $356,324. Source Components of 2016 Action Plan Funds 2016 CDBG Entitlement Grant $356,324.00 Program Income $0.00 Total Revenue Allocated $356,324.00 There are a number of additional funding sources that may be utilized to fund specific projects. Where these resources are known, they have been delineated within the project descriptions. The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non -profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self- Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. Other federal funds made available for use in the city include Section 8, administered by Ada County Housing Authority and low-income housing tax credits administered by the Idaho Housing and Finance Association. There are no public housing units in Meridian. Entities in Ada County receive approximately $933,085 in Continuum of Care funding from HUD to provide funding for transitional and permanent housing and supportive services for homeless individuals and households. Over the years, many of the City’s partner agencies and organizations have been able to leverage funds within their own budgets to make the most of the CDB G funds that they have been allocated. For the current year, the proposed funds to Boys & Girls club and Jesse Tree represent only fraction of that agency’s total budget, but the CDBG allocation from the City represents an important component to increasing the services provided in Meridian. Likewise the funds allocated to the Meridian Food Bank represent a small but important component to that organization’s operating budget. While the Food Bank receives many donations of food, the CDBG funds are used to purchase, in bulk, needed food supplies in order to round out the contributions from the community. When the Food Bank utilizes CDBG funding to purchase food, it is in conjunction with developed relationships with local grocery stores that provide deep discounts on the food being purchased. In this way, the CDBG funds are multiplied many times over in the benefit they are providing to those in need. City of Meridian, Idaho 16 2016 DRAFT Action Plan Federal, State, and Local Resources. CDBG and City general funds are available to support program activities. The City may consider additional partnerships with the City of Meridian Public Works Department, Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal Resources US. Department of Housing and Urban Development: Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS U.S. Department of Health and Human Services U.S. Department of Education Federal Housing Administration Homeownership Program Fannie Mae Federal Emergency Management Administration U.S. Veterans Administration State Resources Idaho Community Foundation Idaho Housing and Finance Association Idaho Department of Education Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers Idaho Department of Agriculture State Tax Credits Idaho Department of Health and Welfare: Community Service Grant Family and Child Services Public Health Services Domestic Violence Grant Idaho Children's Trust Fund Idaho Office on Aging Idaho Department of Justice Local Resources Meridian General Funds Meridian Development Corporation Ada County Association of Realtors Ada County Housing Authority Neighborhood Housing Services Boise Valley Habitat for Humanity Supportive Housing and Innovative Partnerships El-Ada Community Action Partnership United Way Faith-based organizations Local utility companies Individual and business donors Civic organization donations Volunteer in-kind services City of Meridian, Idaho 17 2016 DRAFT Action Plan SECTION V Annual Objectives City of Meridian, Idaho 18 2016 DRAFT Action Plan Section V Annual Objectives During Program Year 2016 the City intends to focus primarily on providing a suitable living environment for low-moderate income persons and investing in public facility improvements. Consistent with the survey results conducted during the preparation for the 2012-2016 Consolidated Plan, the City is focusing on public facility improvements to serve LMI residents and public services for seniors, persons at risk of homelessness and LMI residents. In previous program years the City has allocated funds to addresses Strategy 3 in the Consolidated Plan, which is to “Improve economic opportunities in the city’s LMI areas.” For the current program year, the CDBG Scoring Committee and the City Council determined that funds would be best utilized by investing in projects and activities to address Strategy 1 and 2 in the Consolidated Plan. Strategy 1 is to “Improve access to affordable housing opportunities for Meridian residents.” Strategy 2 is to “Improve the lives of Meridian residents with special needs and residents at-risk of homelessness.” A. Suitable Living Environment Strategies Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at -risk of homelessness.  Objective 2.1: Support public service activities that serve the city’s LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-1) o Allocate a total of $53,448 for: 1) hunger relief through the local food bank $36,448), 2) homelessness prevention through The Jesse Tree. ($7,000), and 3) the Boys & Girls Club program scholarships ($10,000)  One Year Action Plan Outcome: 2200 people served  Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city’s LMI areas or serving LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-3) o Allocate approximately $127,000 for a streetlight project to serve LMI residents and/or the LMI area.  One Year Action Plan Outcome: 11-16 streetlights B. Decent Housing Strategy No. 1 Improve access to affordable housing opportunities for Meridian residents.  Objective 1.1: Address the need for affordable housing by supporting a down payment assistance program for qualifying households. City of Meridian, Idaho 19 2016 DRAFT Action Plan o HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH-1) o Allocate $60,000 for down payment assistance programs targeted to low- moderate income households purchasing a home in Meridian.  One Year Action Plan Outcome: 4 households o Allocate $50,000 to support VCD LLC & The Housing Company for site improvements to publicly owned (sidewalks) to support a Low-Income Housing Tax Credit affordable housing development .  One Year Action Plan Outcome – 1 Public Facility (supporting 59 low- income residents). City of Meridian, Idaho 20 2016 DRAFT Action Plan SECTION VI Description of Activities City of Meridian, Idaho 21 2016 DRAFT Action Plan Section VI Description of Activities In PY2016, the City of Meridian will allocate 100% of all non-administrative funds on activities that benefit low- and moderate-income persons or households. This city will continue to monitor and evaluate its performance throughout the coming three-year certification cycle (Program Years 2016, 2017, and 2018) to make certain it will it will meet the required 70% expenditure to benefit LMI persons during the cycle. The City’s PY2016 entitlement is anticipated at $329,895. A description of all the planned activities for PY2016 is identified below. A. Description of 2016 Housing Activities Down Payment Assistance Program Priority: Affordable Housing National Objective: Low Moderate Income Persons-housing activities (LMH) 570.208 (a)(3) Outcome Category: Affordability Outcome Measure: 4 households The City will partner with two housing service providers to assist qualified LMI buyers to purchase a home in Meridian. The funds allocated to Neighborhood Housing Services (NHS)-- $30,000 and the Ada County Housing Authority (ACHA)--$30,000 will be used for down payment and closing cost assistance. As identified in the City’s Consolidated Plan and Analysis of Impediments reports, many households in Meridian are interested in purchasing a home, but cannot afford the down payment for such a purpose. This activity is intended to address this need and broaden the homeownership opportunities for Meridian’s LMI population. B. Description of 2016 Public Service Activities The City has allocated the maximum allowed amount of 15% for public service activities, $53,448. The allocation will be divided between three public service activities to address the availability/accessibility of a suitable living environment. Hunger Relief Program Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 2,000+ people assisted The City will provide support to the Meridian Food Bank in the amount of $36,448 for the purchase of food to be distributed to persons and families in need. The Food Bank continues to experience a heavy demand, and the provision of CDBG funding will enable to Food Bank to City of Meridian, Idaho 22 2016 DRAFT Action Plan purchase and supply food to those in need. The ability for the Food Bank to leverage additional resources will exponentially increase the effectiveness of the award. Homelessness Prevention Priority: Housing, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 12 Households The City will provide support the Jesse Tree of Idaho in the amount of $7,000 for the purpose of providing one-time relief to families in Meridian at risk of becoming homeless. This program uses these funds as emergency rental assistance to families who are at risk of being homeless. No funds will be used for case management. Boys and Girls Club Scholarship Program Priority: Suitable Living Environment, Public Service National Objective: Low-Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 45 people assisted The City will provide support to the Meridian Boys and Girls Club in the amount of $10,000 for the purpose of providing scholarships to children of LMI households for the Club’s fee-based programs. The scholarships will be for free or reduced membership some of the Club’s fee - based extended services including the Summer Early Risers, the Meridian Sunrise Club and the Meridian Year One Program. These programs provide an important resource to working parents, particularly during the summer months. C. Description of 2016 Public Facility Activities Meridian LMI Streetlights Priority: Suitable Living Environment, Public Facility National Objective: Low-Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Availability/Accessibility Outcome Measure: 11-16 completed streetlights Project funds ($127,000) will be used by Meridian Public Works in order to provide a needed enhanced quality of life enhancement in the Meridian LMI area. These areas within the LMI with substandard lighting will be have an improved safety and security atmosphere, significantly impacting the residents of the area as well as increasing walkability. The project provides amenities to the LMI population that currently does not exist. City of Meridian, Idaho 23 2016 DRAFT Action Plan 2 ½ St Sidewalk Improvements for Multifamily Residential Priority: Decent Housing, Public Facility National Objective: Low-Moderate Income- Housing (LMH) 570.207(c)(3) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds ($50,000) will be used by VCD Inc, a Low-Income Housing Tax Credit (LIHTC) Developer, and The Housing Company, a non-profit, to design required improvements (specifically, sidewalks) in the area of a future Multifamily, Mixed-Income LIHTC Development. Upon construction of the property, the development will serve 72-74 residents, with 59 units being set-aside for families earning less than 60% of the Area Median Income. This new development will have a direct impact on the gap in affordable housing to Meridian, as well as answer specific barriers to affordable housing outlined in the City’s 2012 Analysis of Impediments to Fair Housing (Impediment 1 – Lack of Affordable Housing) D. Description of 2016 General Program Administration City of Meridian Community Development Department Community Development Block Grant Program Program Administration Costs 570.206 Planning Activities 570.205 Activities include preparing required reports and planning documents, contract administration, grant management, citizen participation, sub-recipient monitoring, fair housing education, environmental reviews, and the identification and development of programs to meet the needs of the community’s lower income residents. The city needs to begin the consultation process and development of the next consolidated plan (2017-2021). The City is allocating $65,500 for administrative expenses, less than the allowed 20% cap of the CDBG program E. Description of 2016 Fair Housing Activities Fair Housing Activities 570.206(c) The City is allocating $3,000 for Fair Housing Activities in PY2016, included in the administrative budget. In accordance with the Fair Housing Action Plan (FHAP) developed as a result of the Analysis of Impediments to Fair Housing Choice Report adopted on April 17, 2012, the table below identifies the activities the City anticipates working towards during PY2016. The activities and goals identified for PY2016 are based on the 5-year Fair Housing Action Plan; however, if the City is unable to work on some of these activities, the FHAP will be re-evaluated at the end of PY2016 in order to determine how best to proceed for PY201 7. City of Meridian, Idaho 24 2016 DRAFT Action Plan FHAP Action Item Activities Lead Agency/ Responsible Entity Funding Source/ Amount Program Year 2016 Goals Barrier 1 (Fair Housing Related Activity/Affordable Housing) Lack of affordable housing. 1.1 Preserve existing affordable housing units in the city. Meet with affordable housing owners and help encourage them to not let contract on affordable units expire. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Conduct at least one meeting with owners of affordable housing units in Meridian. 1.2 Convene an affordable housing task force to investigate ways to develop new affordable housing. Liaise with the local affordable housing task force to identify strategies for use within the city of Meridian. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Identify any tools the city could use to encourage affordable housing development in Meridian. Barrier 2 (Impediment) Potential resident opposition to affordable housing development. 2.1 Continue to participate in regional fair housing awareness campaign and tailor it current needs. Monetarily sponsor the regional fair housing awareness campaign. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Sponsor the regional fair housing awareness campaign. Design and distribute flyers and display posters in Meridian specific to the current fair housing needs in Meridian. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Provide flyers and posters to at least 5 landlords and 5 homeowner’s associations in Meridian. Barrier 3 (Impediment) Limited public transportation opportunities. 3.1 Continue to stay engaged in regional transportation planning efforts, leverage local resources for local transit opportunities and seek partnerships. Research state and federal transportation grants and determine if they could help support public transit planning efforts in Meridian. City of Meridian Staff and Meridian Transportation Task Force City of Meridian Staff Time Create a list of potential transportation grants the City may be interested in applying for. Meet as scheduled with the Meridian Transportation Commission, the ACHD Capital Improvement Citizen Advisory Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC).. City of Meridian Planning Staff City of Meridian Staff Time Provide an update on any work the Meridian Transportation Task Force or other committee’s may be doing related to public transportation in Meridian. Barrier 4 (Impediment) Lack of understanding by developers and landlords about housing accessibility requirements. 4.1 Tailor fair housing outreach campaign to address the needs of persons with disabilities. As part of regional fair housing awareness campaign, address needs of persons with disabilities, such as including information about reasonable accommodations/ service animals. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Provide flyers and list of information sources to at least 5 landlords in Meridian. City of Meridian, Idaho 25 2016 DRAFT Action Plan 4.2 Expand outreach and education to Meridian’s landlords. Conduct a fair housing training in Meridian specific to landlords. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Prepare to conduct a fair housing training for at least 10 Meridian landlords in coordination with the Cities of Nampa and Boise in 2017. 4.3 Train City Community Development staff on ADA and fair housing design and construction guidelines. Conduct an internal training for Community Development staff on fair housing design and construction guidelines. City of Meridian, CDBG Administrator City of Meridian, CDBG Administration Conduct an internal training for at least 2 City Community Development staff. City of Meridian, Idaho 26 2016 DRAFT Action Plan SECTION VII Geographic Distribution and Obstacles to Addressing Underserved Needs City of Meridian, Idaho 27 2016 DRAFT Action Plan Section VII Geographic Distribution and Obstacles to Addressing Underserved Needs Since the PY2014 Action Plan was approved, the city’s LMI area grew to encompass thr ee (3) additional areas. The PY2016 projects which will be supported with CDBG funds are mapped below. The City intends to distribute 100% of its non-administrative CDBG funds through seven activities, all of which are intended to serve LMI individuals. These will take place primarily within the LMI Areas of the city, but will also assist LMI households and families throughout the city. 2016 Distribution of Funds *Census block groups and tracts: Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2; As identified in the 2012-2016 Consolidated Plan (Section II, page 3), the City has no areas of minority concentration or any impact areas within the City. The Census block group with the largest proportion of non-white residents (14%) is block group 2 of Census tract 103.22, which City of Meridian, Idaho 28 2016 DRAFT Action Plan encompasses the City’s downtown business district. The Census block group with the largest proportion of Hispanic residents (14%) is block group 2 of tract 103.21. This block group lies adjacent to the city’s main downtown area. As identified in the 2012-2016 Consolidated Plan (Section IV, page 22), the City’s basis for allocating investments has not and likely will not be geographically delineated within the City’s boundaries. Funding is determined upon meeting national objectives, qualifying eligible activities, and a competitive application process. The Community Development Department hosts an annual CDBG Workshop where past, current, and potential future sub-recipients are invited to attend and hear about the goals and objectives for the coming program year. After the workshop, potential sub-recipients are encouraged to apply for CDBG funding for proposed projects or activities. All eligible applications are considered for funding within the context of the broad goals and objectives established in the Consolidated Plan. Funding recommendations under the 2016 Program Year were made in consideration of the goals and outcomes of the proposed project, the need that the project addresses, how the organization plans to carry out the project, and the degree to which the project or program addressed the priorities and objectives defined in the Consolidated Plan. Obstacles to meeting underserved needs. The greatest single obstacle to meeting underserved needs is the limited funding available to address identified needs. City of Meridian, Idaho 29 2016 DRAFT Action Plan SECTION VIII Additional Requirements City of Meridian, Idaho 30 2016 DRAFT Action Plan Section VIII Additional Requirements A. Affordable Housing The City is primarily working to address affordable housing in Program Year 2016 by focusing on the action items in the Fair Housing Action Plan as identified in Section VI, A; E. The City is allocating funds in PY2016 to one infrastructure design project in support of an affordable housing activity. Additionally, the City will be partnering with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) for direct homebuyer assistance to LMI families. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. B. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2016, but will continue to encourage homeownership for eligible buyers as described above . Further, the City will participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. C. Homeless and Other Special Needs In PY2016, CDBG funds will be invested in one activity specifically targeted to the objective to serve homeless families. Funds will be utilized by Jesse Tree of Idaho for one-time emergency rental assistance for families at risk of losing their housing situation, as a measure to prevent homelessness. The City’s efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non-homeless persons will still occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). The City is not a recipient of HOPWA formula grants. The City will participate in the CoC to identify ways of supporting area housing providers’ efforts to increase affordable transitional and permanent housing facilities. T he Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons’ homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG City of Meridian, Idaho 31 2016 DRAFT Action Plan funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs popu lations during Program Year 2016, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. D. Barriers to Affordable Housing As identified in Section VI, the City completed an Analysis of Impediments to Fair Housing Choice report in Spring 2012. The report identified observations and impediments along with objectives and activities to address those impediments. This year, the city intends to support one project (design of sidewalk along 2 ½ St) that will directly support the growth of affordable housing in Meridian. Additionally, as the 2012-2016 cycle comes to a close, the City will be conducting new consolidated planning activities and participating in a new Analysis of Impediments for the 2017-2021 cycle. E. Other Actions The CDBG Administrator will endeavor to create a more user-friendly web site for the program, which should enhance the public and staff’s ability to garner information quickly and efficiently. Over the course of the upcoming program year, the City will maintain information on lead- based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City’s website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. City of Meridian, Idaho 32 2016 DRAFT Action Plan SECTION IX Program Specific Requirements City of Meridian, Idaho 33 2016 DRAFT Action Plan Section IX Program Specific Requirements A. Program Income None of the identified activities for the 2016 Program Year are intended to generate program income, and no past activities have ever generated program income. B. PY2016 CDBG Activities to Benefit LMI persons In PY2016, the City of Meridian will allocate 100% of all non-administrative funds on activities that benefit low- and moderate-income persons or households. In previous program years the city expended 98.07% of all non-administrative funds on activities to benefit LMI persons or households, and the city anticipates a similar percentage at the conclusion of Program Year 2015. Therefore, the City is confident that it will meet the required 70% expenditure to benefit LMI persons for the three-year certification cycle (Program Years 2012, 2013, and 2014). This 2016 Action Plan will continue the trend of using the highest percentage of funds to benefit LMI persons. C. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2016 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our HUD Community Planning and Development representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for paym ent disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subreci pients and review for compliance. Expectations will be clearly outlined in sub-recipient agreements, tailored specifically to each City of Meridian, Idaho 34 2016 DRAFT Action Plan activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each sub-recipient’s ability to meet the program’s financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. The City will also establish a monitoring schedule to ensure activities are monitored “on -site” with some regularity. City of Meridian, Idaho 35 2016 DRAFT Action Plan Appendix A--Tables Table 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not proposed for advancement in PY2016 are included in gray font. Decent Housing with Purpose of New or Improved Availability/Accessibility (DH-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed DH 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Decent Housing with Purpose of New or Improved Affordability (DH-2) DH 2.1 Address the need for affordable housing by supporting a down payment assistance program for qualifying households. CDBG 2012 2013 2014 2015 2016 Households 3 1 1 1 1 3 2 4 1 100% >100% >100% >100% % MULTI-YEAR GOAL 7 10 >100% Decent Housing with Purpose of New or Improved Sustainability (DH-3) DH 3.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Availability/Accessibility (SL-1) SL 1.1 Support public service activities that serve the city’s LMI residents. 2012 2013 2014 2015 2016 People/Residents 2,000 2,045 2,000 2,000 2,000 65,000 59,000 >100% >100 % % % % MULTI-YEAR GOAL 10,045 124,000 >100 % Suitable Living Environment with Purpose of New or Improved Affordability (SL-2) SL 2.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Sustainability (SL-3) SL 3.1 Invest in public facility improvements that serve person with special needs and low income residents or are located in LMI areas. CDBG 2012 2013 2014 2015 2016 Public Facilities 1 3 1 0 1 0 1 3 2 0% 33% >100% >100% % MULTI-YEAR GOAL 3 5 >100% City of Meridian, Idaho 36 2016 DRAFT Action Plan Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 1.1 Support public service activities that provide employment training or job creation/retention for the city’s LMI residents. CDBG 2012 2013 2014 2015 2016 People/Residents 10 0 5 5 0 7 0 70% 0% % % % MULTI-YEAR GOAL 20 7 35% Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) EO 1.2 Invest in public facility improvements or activities in the downtown area that address one or more the conditions which contributed to the deterioration of the area. 2012 2013 2014 2015 2016 Businesses or public facilities 0 1 1 0 0 0 2 % 200% % % % MULTI-YEAR GOAL 2 2 100% Economic Opportunity with Purpose of New or Improved Sustainability (EO-3) EO 3.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Neighborhood Revitalization (NR-1) NR 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-1) O 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-2) O 2.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % City of Meridian, Idaho 37 2016 DRAFT Action Plan Table 3B Annual Affordable Housing Completion Goals Grantee Name: Program Year: Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS (Sec. 215 Only) Homeless households 0 Non-homeless households 0 Special needs households 0 Total Sec. 215 Beneficiaries* RENTAL GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Total Sec. 215 Affordable Rental 0 HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Homebuyer Assistance 0 Total Sec. 215 Affordable Owner 0 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Homebuyer Assistance 0 Combined Total Sec. 215 Goals* 0 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 0 Annual Owner Housing Goal 0 Total Overall Housing Goal 0 City of Meridian, Idaho 38 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Program Administration Project Title: PY2016 Program Administration Description: The City’s overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance:  Coordinating Fair Housing activities with regional partners  Ensuring compliance with the adopted Consolidated Plan  Preparing program budgets, schedules and amendments  Evaluating program results against stated objectives  Monitoring program activities for progress and compliance; audit and monitoring findings  Preparing reports and other documents for submission to HUD, to include Environmental Reviews  Developing agreements to carry out program activities  Updating the 5-Year Consolidated Plan Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Citywide as applicable Funding Sources CDBG $65,500.00 ESG HOME HOPWA Total Formula $65,500.00 Prior Year Funds Assisted Housing PHA Other Funding Total $65,500.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number Project ID HUD Matrix Code 21A CDBG Citation 24 CFR § 570.206 Type of Recipient Entitlement C DBG National Objective N/A Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator N/A Annual Units N/A Local ID Units Upon Completion N/A City of Meridian, Idaho 39 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Decent Housing—Public Facility Project Title: 2 1/12 St Sidewalk Improvements for Multifamily Development Description: The City will provide funds to VCD LLC in partnership with The Housing Company in order to facilitate the design of site improvements (sidewalk). These improvements are to be constructed on publicly owned land to serve a new mixed-income multifamily structure. The development is being constructed with Low-Income Housing Tax Credits (LIHTC) and is to have >51% of the units at affordable rents. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Census Tract 103.21, Block Group 2, vicinity of 2 ½ Street. Funding Sources CDBG $50,000 ESG HOME HOPWA Total Formula $50,000 Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.207(b)3 Type of Recipient Subrecipient CDBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Public Facility Annual Units 1 Segment Local ID Units Upon Completion 1 public facilities City of Meridian, Idaho 40 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Installation of Street Lights Description: Install Street Lights at 11-16 locations with the LMI Area The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Various Locations within LMI Area Funding Sources CDBG $127,376 ESG HOME HOPWA Total Formula $127,376 Prior Year Funds Assisted Housing PHA Other Funding Total $127,376 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.201(c) Type of Recipient Entitlement C DBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Street lights Annual Units 8 Local ID Units Upon Completion 11-16 new street lights City of Meridian, Idaho 41 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Scholarship Program, Meridian Boys and Girls Club Description: CDBG Funding will assist the Meridian Boys and Girls Club in providing scholarships to children of LMI households for the purpose of attending the Club’s fee based programs. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Meridian Boys and Girls Club—911 N. Meridian Road, Census Tract 103.22, Block Group 1 Funding Sources CDBG $10,000 ESG HOME HOPWA Total Formula $10,000 Prior Year Funds Assisted Housing PHA Other Funding Total $10,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05L CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMC Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Residents Annual Units 40 Local ID Units Upon Completion 40 City of Meridian, Idaho 42 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Boise City / Ada County Housing Authority – Home Ownership Description: The City will provide funding for the Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable. Funding Sources CDBG $30,000 ESG HOME HOPWA Total Formula $30,000 Prior Year Funds Assisted Housing PHA Other Funding Total $30,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number DH 2.2 Project ID HUD Matrix Code 13 CDBG Citation 24 CFR § 570.201(n) Type of Recipient Subrecipient C DBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 2 Local ID Units Upon Completion 2 City of Meridian, Idaho 43 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Neighborhood Housing Services – Home Ownership Description: The City will provide funding for Neighborhood Housing Services to provide direct homeownership assistance to help LMI individuals purchase homes in Meridian. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable. Funding Sources CDBG $30,000.00 ESG HOME HOPWA Total Formula $30,000.00 Prior Year Funds Assisted Housing PHA Other Funding Total $30,000.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number DH 2.2 Project ID HUD Matrix Code 13 CDBG Citation 24 CFR § 570.201(n) Type of Recipient Subrecipient C DBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 2 Local ID Units Upon Completion 2 City of Meridian, Idaho 44 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Hunger Relief, Meridian Food Bank Description: CDBG funding will assist the Meridian Food Bank in purchasing food and supplies related to their primary function: providing food to individuals and families in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Meridian Food Bank, 133 W. Broadway Avenue, Census Tract 103.22, Block Group 2 Funding Sources CDBG $36,448.00 ESG HOME HOPWA Total Formula $36,448.00 Prior Year Funds Assisted Housing PHA Other Funding Total $36,448.00 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05W CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMC Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator People Annual Units 2,000 Local ID Units Upon Completion 2,000 City of Meridian, Idaho 45 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: The Jesse Tree of Idaho – Homelessness Prevention Description: CDBG Funding will be utilized by The Jesse Tree of Idaho for the Emergency Rent and Mercy Assistance (ERMA) program. ERMA provides rent assistance to qualified applicants for one month along with appropriate/need referrals and case management services that explore barriers to housing. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area City-wide as applicable Funding Sources CDBG $7,000 ESG HOME HOPWA Total Formula $7,000 Prior Year Funds Assisted Housing PHA Other Funding Total $7,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 1 Project ID HUD Matrix Code 05S CDBG Citation 24 CFR § 570.201(e) Type of Recipient Subrecipient CDBG National Objective LMH Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Households Annual Units 12 Local ID Units Upon Completion 12 City of Meridian, Idaho 46 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects **ALTERNATE PROJECT** Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Economic Development Project Title: MDC Façade Improvements Description: **ALTERNATE PROJECT** The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Various Locations within LMI Area Funding Sources CDBG $40,000 ESG HOME HOPWA Total Formula $40,000 Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03K CDBG Citation 24 CFR § 570.201(c) Type of Recipient Entitlement C DBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Street lights Annual Units 4 Local ID Units Upon Completion 11-16 new street lights City of Meridian, Idaho 47 2016 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects **ALTERNATE PROJECT** Jurisdiction’s Name: City of Meridian, Idaho Priority Need: Economic Development Project Title: LMI Sidewalk Improvements Description: **ALTERNATE PROJECT** Partner with Meridian Development Corporation to complete installation within the LMI. This project is an alternate “fall back” public facilities project. Objective Category: Suitable Living Environment Decent Housing Economic Opportunity Outcome Category: Availability/Accessibility Affordability Sustainability Location/Target Area Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2 Funding Sources CDBG $100,000 ESG HOME HOPWA Total Formula $100,000 Prior Year Funds Assisted Housing PHA Other Funding Total $100,000 The primary purpose of the project is to help: The Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs HUD Objective Number SL 3 Project ID HUD Matrix Code 03L CDBG Citation 24 CFR § 570.201(c) Type of Recipient Subrecipient CDBG National Objective LMA Start Date 10/1/2016 Completion Date 9/30/2017 Performance Indicator Public Facility Annual Units 1 Local ID Units Upon Completion 1 City of Meridian, Idaho 48 2016 DRAFT Action Plan Appendix B CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti- displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace --It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has City of Meridian, Idaho 49 2016 DRAFT Action Plan designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. City of Meridian, Idaho 50 2016 DRAFT Action Plan Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. ______________________________ ____________________ Signature/Authorized Official Date ______________________________ Title City of Meridian, Idaho 51 2016 DRAFT Action Plan Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012, 2013, and 2014, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the City of Meridian, Idaho 52 2016 DRAFT Action Plan public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws --It will comply with applicable laws. ______________________________ ____________________ Signature/Authorized Official Date ______________________________ Title City of Meridian, Idaho 53 2016 DRAFT Action Plan APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 33 E. Broadway Avenue, Meridian, Idaho 83642 Check if there are workplaces on file that are not identified here. City of Meridian, Idaho 54 2016 DRAFT Action Plan This information with regard to the drug-free workplace is required by 24 CFR part 21. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 55 2016 DRAFT Action Plan Appendix C Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: Preapplication Application Changed/Corrected Application *2. Type of Application New Continuation Revision * If Revision, select appropriate letter(s) *Other (Specify) 3. Date Received : 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): 82-6000225 *c. Organizational DUNS: 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Meridian Community Development Department Division Name: f. Name and contact information of person to be contacted on matters involving this application: City of Meridian, Idaho 56 2016 DRAFT Action Plan Prefix: *First Name: Sean Middle Name: *Last Name: Kelly Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: skelly@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS City of Meridian, Idaho 57 2016 DRAFT Action Plan 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant’s Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2016 *b. End Date: 09/30/2017 18. Estimated Funding ($): *a. Federal *b. Applicant *c. State *d. Local $329,895 *e. Other *f. Program Income *g. TOTAL $356,324 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) **I AGREE ® ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: be Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 *Email: deweerdt@meridiancity.org *Signature of Authorized Representative: *Date Signed: I s City of Meridian, Idaho 58 2016 DRAFT Action Plan City of Meridian, Idaho 59 2016 DRAFT Action Plan Appendix D Public Notices Meridian City Council Meeting DATE: August 9, 2016 ITEM NUMBER: 12 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