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HomeMy WebLinkAbout2016-09-13E IDIAN CITY COUNCIL WORKSHOP MEETING AMENDEDAGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 13, 2016 at 3:00 PM 1. Roll -Call Attendance X_ Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird X Genesis Milam X_ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Offsite Sanitary Sewer and Water Easement between the City of Meridian and Thirteen Hectare, LLC within Whiteacre Subdivision No. 1 B. Sanitary Sewer Easement between the City of Meridian and Whiteacre Development Corporation within Whiteacre Subdivision No. 1 C. Addendum D to the September 24, 2013 Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society for an amount not to exceed $370,132 D. Development Agreement for Bright Angel Holdings, LLC, (Ashley Manor -H- 2016-0043) located at 4379 N. Locust Grove Road, in the NE 1/4 of Section 31, Township 4 North, Range 1 East, (Parcel No.: R1608650271) E. Sanitary Sewer Easement between the City of Meridian and #293 Pioneer Exchange Accommodation Titleholder, LLC within Verraso Village 2 F. Sanitary Sewer and Water Main Easement between the City of Meridian and BCS Properties LLC within Shallow Creek Subdivision Meridian City Council Meeting Agenda Tuesday, September 13, 2016 — Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Development Agreement for Gibson Amity Property (H-2016-0036) with CLG, Inc. located near the southeast corner of E. Amity and S. Meridian Roads, in the NW 1/4 of Section 31, Township 3N., Range 1E H. Amended Development Agreement for Bancroft Square (MDA -H-2016-0055) with Reginald Jones and Jack Stolfo and Berkeley Building Company located at 27501 S. Eagle road at the southeast corner of S. Eagle Road and E. Easy Jet Drive, in the southwest 1/4 of Section 21, Township 3 North, Rangel East Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the SOUTH BLACK CAT LIFT STATION UPGRADES project for a Not -To -Exceed amount of $380,067.00 J. Findings of Fact, Conclusions of Law and Decision and Order for Denial for Creason Creek No. 1 (H-2016-0087 Development Agreement Modification) by ULC Management Located Southeast corner of N. Linder Road and W. Ustick Road K. Findings of Fact, Conclusions of Law for Approval for Creason Creek No. 1 (H-2016-0087 Final Plat Modification) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road L. Police Department: Idaho State University School Resource Officer Agreement (Superseding July 5, 2016 Idaho State UniversityMlest Ada School District School Resource Officer Agreement) 5. Items Moved From the Consent Agenda None 6. Department Reports A. Human Resources Department Strategic Update B. Parks & Recreation Department: Discussion of Homecourt Agreement with the YMCA for Joint Use of Facility Approved C. Public Works: Tactical Plan Presentation D. Public Works Department: Amending Meridian City Code Sections 9-1-16 and 9-4-26(A), Regarding Connection to City Sewer System Outside City Limits, the Ordinance Amendments will Replace the Public Works Application with a Written Request and Revise the Code Sections for Consistency. Meridian City Council Meeting Agenda Tuesday, September 13, 2016 — Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Community Development & Public Works: Annexation of Enclaves F. Legal Department Report: Alcohol Catering Permit Ordinance Follow-up - Stakeholder Input and Draft Ordinance 7. Ordinances A. Ordinance No. 16-1705: Ordinance to Establish Alcohol Catering Permit Process Approved B. Ordinance No. 16-1706: An Ordinance (Ashley Manor H-2016-0043) of the City of Meridian Granting Annexation and Zoning for a Parcel of Land That is a Portion of Lot 10 of Crestwood Subdivision No. 1 as Shown on the Official Plat thereof on File in Block 28 of Plats at Page 1157-1158 in the Office of the Recorder for Ada County, Idaho, lying in the NW '/4 of Section 31, Township 4 North, Range 1 East, Boise, 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 Designation from RUT to L -O (Limited Office) District in the Meridian City Code; and 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 An Effective Date Approved 8. Amended onto Agenda: Executive Session 74-206A (1)(a) 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 6:02 p.m. Out of Executive Session at 7:09 p.m. 9. Future Meeting Topics Adjourned at 7:11 p.m. Meridian City Council Meeting Agenda Tuesday, September 13, 2016 — Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 13, 2016 A workshop meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, September 13, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener and Anne Little Roberts. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Tom Berry, Mike Peppin, Warren Stewart, Scott Colaianni, Tracy Basterrechea, Perry Palmer and Crystal Ritchie. 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 open our workshop. For the record it is Tuesday, September 13th. It's 3:00 o'clock. We will start with roll call attendance, Mrs. Holman. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda we have 7-A, the ordinance number is 16-1706 -- or 05. I'm sorry. And 7-B is 16-1706. We have an Item 8 now, an Executive Session as per Idaho State Code 74-206(a). With that I move we approve the amended agenda. Borton: Second. Meridian City Council Workshop September 13, 2016 Page 2 of 62 De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Offsite Sanitary Sewer and Water Easement between the City of Meridian and Thirteen Hectare, LLC within Whiteacre Subdivision No. 1 B. Sanitary Sewer Easement between the City of Meridian and Whiteacre Development Corporation within Whiteacre Subdivision No. 1 C. Addendum D to the September 24, 2013 Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society for an amount not to exceed $370,132 D. Development Agreement for Bright Angel Holdings, LLC, (Ashley Manor-H- 2016-0043) located at 4379 N. Locust Grove Road, in the NE 1/4 of Section 31, Township 4 North, Range 1 East, (Parcel No.: R1608650271) E. Sanitary Sewer Easement between the City of Meridian and #293 Pioneer Exchange Accommodation Titleholder, LLC within Verraso Village 2 F. Sanitary Sewer and Water Main Easement between the City of Meridian and BCS Properties LLC within Shallow Creek Subdivision G. Development Agreement for Gibson Amity Property (H- 2016-0036) with CLG, Inc. located near the southeast corner of E. Amity and S. Meridian Roads, in the NW 1/4 of Section 31, Township 3N., Range 1 H. Amended Development Agreement for Bancroft Square (MDA-H-2016-0055) with Reginald Jones and Jack Stolfo and Berkeley Building Company located at 27501 S. Eagle road at the southeast corner of S. Eagle Road and E. Easy Jet Drive, in the southwest 1/4 of Section 21, Township 3 North, Range 1 East Meridian City Council Workshop September 13, 2016 Page 3 of 62 I. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the SOUTH BLACK CAT LIFT STATION UPGRADES project for a Not-To- Exceed amount of $380,067.00 J. Findings of Fact, Conclusions of Law and Decision and Order for Denial for Creason Creek No. 1 (H-2016-0087 Development Agreement Modification) by ULC Management Located Southeast corner of N. Linder Road and W. Ustick Road K. Findings of Fact, Conclusions of Law for Approval for Creason Creek No. 1 (H-2016-0087 Final Plat Modification) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road L. Police Department: Idaho State University School Resource Officer Agreement (Superseding July 5, 2016 Idaho State University/West Ada School District School Resource Officer Agreement) De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the -- Mrs. Holman to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda? Any discussion? Mrs. Holman, will you, please, call roll. Roll-Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Meridian City Council Workshop September 13, 2016 Page 4 of 62 Item 6: Department Reports A. Human Resources Department Strategic Update De Weerd: So, Item 6-A is under our HR Department. I will turn this over to Crystal. Ritchie: Madam Mayor, Members of Council, I apologize for the delay. We had a little bit of system issue upstairs and I raced down the stairs, so I'm a little out of breath. It will catch up with me. So, first of all, thank you so much for having me this afternoon. What I would like to do is take some time to really -- really walk you through our FY-16 annual report. Once I have had an opportunity to cover all of the information, then, obviously, I will stand for your questions. So, today I would like to walk you through a little bit about Human Resources, who we are and what we do. Talk to you a little bit about some of the functions that we actually perform in Human Resources. Employment. Compensation administration. Training and development. Employee engagement. Policy administration and compliance. Talk a little bit about some of the new initiatives that we have identified for FY-17 and, then, stand for your questions. So, this is - - should look familiar to you. I shared this with you during the budget hearings, but wanted to incorporate it again this year -- or, excuse me, for this presentation. But this is your Human Resources Department. We are a staff of five. Myself, your HR manager. Laura Lee Berg, your senior generalist. Christena Barney, your HR generalist. Jessica More, your Human Resources coordinator. And, then, recently joining the HR team is Brittany Duff, our new administrative assistant. We say we are small in team size, but we are mighty in what we do. So, here is a little bit of a snapshot of some of the things -- excuse me -- some of the things that we do. Sometimes even on a daily basis. So, you will see just working yourself around the -- the graphic, we handle efforts around recruitment, benefits administration, staffing, compliance administration, employee engagement, training and development, employee relations, compliance, workers compensation, policy administration and new employee orientation. So, that's a big picture of some of the things that we do. But we often get asked how do we do what we do every day and so we do that by having very strong teamwork in our department. Like I said, we are a staff of five and it takes all of us to accomplish the things that we do on a daily basis. So, when I was preparing this presentation I really wanted to take a look at what does that mean for us and what does teamwork look like and so I went ahead and captured that for you. So, these are the words that came to mind. Collaboration. Joint effort. Pulling together. Participation. Partnership. Helpfulness. Cooperation. These are all the things that every member of our staff demonstrate on a daily basis that allows us to do what we do. Excuse me. We care about our employees. We care about each other. And we embrace the city's CARE values. So, here is a little bit of a slide that you have seen previously. During the last year we did have some structure and staffing changes in Human Resources. Laura Lee was promoted to our senior generalist. Jessica More was promoted to our Human Resources Meridian City Council Workshop September 13, 2016 Page 5 of 62 coordinator. And that's a new position for us as we moved more than halfway throughout the year. We really looked to streamline some of our recruitment services to the departments and really took a lot of the logistics and tactical aspects and administrative aspects around recruitment and created the coordinator position that Jessica focuses on, which allows us to provide quicker turnaround service to our departments in the efforts of interviewing, coordinating interviews, responding to applicants regarding their status, et cetera. And, then, as I mentioned before, recently Brittany did join our department in June. I think my team is here. They are. She came in June? In June to round out our department. Not only is she fairly new to the department, but she very quickly stepped into her role, stepped into all of the projects and initiatives that we had going on at that time and it was a very busy time for us. Laura Lee manages Brittany and in addition to bringing Brittany on board and training her in her new role, we also were facilitating and hosting the Youth Work Life Skills program, so it was an extremely busy time for us and Brittan stepped right in to help us out. So, I want to thank each and every member of the HR team for everything that they do. Below you have a list of some of the accomplishments that we performed over the course of FY-16. We hired 119 employees to date. We are still not quite done, but it looks like that's the number we will end up with for FY- 16 and that is comprised of 41 full-time employees and 78 seasonals, part-time, and/or interns. That's significant process for us and I'm going to walk you through that here in just a moment. In addition to that, we implemented the employee hotline to our employees. You will know it as the Compliance Line. We successfully completed the ICRMP risk management discount program last year. We maintained our ACA reporting requirements. We conducted a market analysis for the Public Works Department on selected positions and, then, of course, throughout the year we always evaluate and review our benefit offerings in preparation for each and every year for open enrollment. That's just a list of a few things that we have done, but we did manage to do that when we were not fully staffed. So, again, everyone in our department stepped up into different roles and helped each other out to make sure that we could continue to provide the services that we do on a daily basis. So, we accomplished a lot. We still have things that are in progress. So, here is a snapshot of what those look like. We are in the process of reviewing recruiting modules that we would like to come back to you at a future date and ask for the funding to purchase that will help streamline our recruitment process from somewhat of a manual process to more automation. It will allow us to interact and communicate information back and forth with the hiring managers and departments systemically, rather than printing everything and having manual paper that's getting routed, et cetera. We are working with our IT Department -- and I want to say thank you so much to them as well for helping us develop our HR training database that we are looking to roll out next year. That database will encompass all city employees training information that is offered to them through Human Resources. They will have the ability to register for training through that application. They will have the opportunity to go on a wait list. They will be able to pull their own transcripts. They can sign up for classes with notifications to their Outlook e-mail, Outlook Meridian City Council Workshop September 13, 2016 Page 6 of 62 notifications to their supervisor, et cetera. So, we are very excited to be bringing that to you in '17, as well as to the city employees. Looking ahead we have many other projects that we have identified that either we have identified ourselves or the departments that we service have asked us to look into or put on our priority list and I'm going to cover those at the end of our presentation today. So, now I'd like to take a moment and talk a little bit about our employment efforts and first and foremost is our staffing, our current employees. So, HR does have a primary responsibility for managing and assisting and dealing with all of the employee matters and issues that our employees have on a daily basis, anywhere from a question to a concern to sometimes even a problem. So, here is a little bit of data of the city's active employees that we have to date. So, our total number of employees currently as of this presentation was 385 individuals and you will see there they are broken down to you by departments. In the upper right-hand corner of your screen you will see our average retention rate. Currently this year, year to date is 97.1 percent. So, we have had higher retention over last year at 91.4. The city's average years of service are listed there in the different categories. So, we have 15 employees in the city today that have 20-plus years of service. That's fantastic. In addition to that, we have 36 employees who have years of service or tenure with us between year 15 and 19 and so forth and so on. Below that you will see the average years of service by department and, then, over to the right of that graph you will see the average years of service at the highest years of service for that department as well. So, along with employment comes recruitment and so the HR Department is charged with assisting all applicants and employees with all of the phases of the human -- excuse me -- of the employment process. We do oversee and manage recruitment, interviewing, job offers, background checks, drug and alcohol testing when applicable, et cetera. With the exception for law enforcement and they do handle their own background checks. So, in FY-16 our department received and processed over 2,700 applications for employment with the city. That does exclude the most recent recruitment effort for our firefighters as we went through a joint effort and a third-party vendor to -- to funnel those applications. Our advertisement costs to date are a little over 9,000 dollars. We posted 60 positions in FY-16. Of those 60 positions, 46 have been filled and we have 14 remaining. Those 14 will likely roll into FY-17. The average cost of recruitment for an employment search was $152.96. Now, that's based on those total 60 positions. I will tell you that some of our larger departments tend to utilize our advertising dollars more than others as the positions that they are recruiting for do require us to advertise sometimes at locations, professional organizations, other cities, other websites, things of that nature. And in addition what we rolled out this year and are continuing next year is the establishment of our city new hire dates. We offer new hire orientation and start dates to the departments generally every two weeks, with the exception of two or three months within a year that either that the payroll date falls on an 18th -- excuse me. The hire date would be on the 18th, 19th or 20th and we have an agreement with our payroll department not to hire on those dates, as they are going to be wrapping up the payroll and processing payroll for the following month. So, one of the things that Meridian City Council Workshop September 13, 2016 Page 7 of 62 I wanted to share with you as we talk about those 2,700 applications, we talk about those 60 positions, we talk about how many we filled, but, really, what does that look like for the Human Resources Department and the departments that we support and service? So, this is an overview of our recruiting cycle here at the city. You will see there -- I'm going to walk you through it at a very high level going from the top left all the way across. We always want to hire top talent, the best of the best, and so we are looking for that shining star and that starts with a staffing requisition form that we receive from the department. Once we receive that form we evaluate that form, we process that form to make sure that we have all of the necessary information to post the position and, then, we actually post the positions internally, externally on a city website, and any additional locations that are requested by the department. Following that we, then, open up our website to accept applications for employment. That's where those 2,700 people contact us. Once we receive those applications we process those applications in HR and we forward them to the hiring department for an evaluation and review of their qualifications, skills, and abilities. Once they have had an opportunity to do that they screen those applications and they send them back to Human Resources. This is part of that manual process that is time intensive and that we will be looking to make more efficient with a recruitment or recruiting module in the future. Once we receive the screened application back from the department -- one of the things that the city does, which we get commented from the public many times throughout any recruitment search, is we notify applicants of the status of their application, whether they are moving forward to an interview process, whether they are considered a tier two, which means they met the qualifications, but we have had other greater skilled individuals and we are going to hold them. Whether it's a -- we really appreciate your interest with the city, but, unfortunately, you don't meet the qualifications for this position. We notify them via e-mail and everyone gets an update. We also screen many phone calls from candidates as well. Once we have gotten the information on who the departments would like to interview reschedule those interviews and prepare the interview packets. The interview packets are, then, forwarded to the department in lieu -- in preparation for the upcoming interview. At the completion of the interviews, then, we do make a job offer to the candidates and, hopefully, our candidate of choice does accept that job offer and that moves them into the pre-employment process of the hiring process that you see in front of you today. That pre-employment process includes a thorough application review, background check through Idaho State Police. We process their references. We send them for drug and alcohol testing when applicable by the position, et cetera. Once everything comes back and we determine in HR that that individual is eligible for employment at the City of Meridian, then, we go ahead and approve that hire and we enter that individual into our personnel management system. We notify the department and we schedule them for a start date and at that point the department is very happy. So, it's a lot of steps to walk through, but it's a significant effort by our entire team in HR to make it happen for all of those 60 positions we talked about previously. So, now I'd like to move into compensation administration. So, one of the things that our stuff Meridian City Council Workshop September 13, 2016 Page 8 of 62 does is we attend seminars, we attend webinars throughout the year to make sure that we are staying informed and we are current and abreast of all of the current information as it relates to benefits. As you all know that's ongoing and ever changing. In addition to that we want to make sure that we are up to date and current with our knowledge regarding compliance and policy issues. We do receive a steady stream of phone calls, e-mails, walk-ins from all of our city employees on any given day and that can relate to benefit questions, policy questions, employee-related issues -- you name it they ask. We are there to help them. So, I'd like to walk you through some of those activities. So, for compensation administration under our salary administration, last year the City of Meridian employees, as well as our management, did participate in our annual performance appraisal process. That process occurs every fall in October. General employees were the recipient last year of a three percent merit pool for individuals who received a performance rating of fully competent or higher and we appreciate you approving that funding for the last -- the previous year. Throughout the year we also processed 18 promotions and/or transfers that were approved. We completed a market analysis for selected positions in our Public Works Department. Our police STEP plan was analyzed in partnership with some external HR consultants and approximately 346 performance appraisals were received and processed in HR alone. So, that process is also a little time consuming, because attention to detail is required from everyone involved and that does extend past the Human Resources Department. So, in order for us to effectively and efficiently process a performance evaluation, we receive the form from the department, HR reads every single individual performance evaluation. We, then, calculate and administer and do an audit of the merits calculation that the employee is receiving based on their performance. We forward that information to payroll. Payroll, in turn, audits and reviews everything that we do in HR. We touch it three times in Human Resources before it goes to payroll to make sure it's correct. The departments and hiring manager, once everything has been verified, receives notification from the Human Resources Department of the increase and communicates that to the employee and, then, once that's done Brittany in our office generally is the one who is responsible for filing all of those performance evaluations. So, we do that in 19 working days to ensure that everything is processed, entered, and paychecks are correct with merit increases for the November paycheck, which is the final paycheck before the Christmas holiday. And, you know, we said -- talked about Barb and we want to take a moment to thank her as well, because we are a staff of five who touch the performance evaluations, she is one individual who assists us with that and does that spot check and double-check audit, so we want to take a moment to say thank you to her as well. So, that takes us into the benefits administration. We have several activities that we work through throughout the year in Human Resources to ensure that we maximize the best possible support that is provided to city employees regarding their benefits. So, our benefits committee meets regularly to carefully evaluate their benefit program. Last year we facilitated ten open enrollment meetings -- and when I say we I actually mean Christena Barney. She is the one who travels to city early mornings, mid days, and even a Meridian City Council Workshop September 13, 2016 Page 9 of 62 late night at the Police Department to facilitate that open enrollment opportunity. We also hosted our third annual benefits fair and in FY -- for FY-16 we had 20 vendors participate in our benefits fair this year. So, that was fantastic. We processed 42 workers compensation claims. We processed 38 Family Medical Leave Act applications. We coordinated many wellness activities and, then, of course, we also provide additional information and support to our Employee Assistance Program. So, here is some information for you. I will walk you through. The first thing that you see on the left-hand side of your slide is some worker compensation information. So, the HR Department has managed the workers compensation program here at the city for all of the department employees. Our insurance provider is the State Insurance Fund housed in Boise. You will see there that our total claims for 2016 are 42 year to date. The total compensation is $5,213.49 and that might strike you as a little low at the moment. However, we did look at those numbers to ensure that they were correct. We have several claims that are still in a pending status and those account for the individuals who are not back to work on a light-duty or a restricted-duty activity. Those account for the ones who are at home. Let's see. Moving to the right we have our Employee Assistance Program. We have established an EAP program through BPA, professional -- Christena, help me out. Psychology and Associates? Just BPA now. Excuse me. Thank you. They do provide confidential professional services to our employees and their family members when they are in need. EAP does offer solutions to issues or problems associated with family, jobs, legal issues and financial issues and one of the things that's really great about the program that you find year to year for our employees and their families is that they do receive five free visits of these services at no cost to them. The city does pick that up for them and as you can see from our utilization rate in the chart below we have a 14.6 utilization rate of our EAP services. We had 29 cases in 2016. Of those 29 cases 62 percent were from the actual city employee. Thirty-eight percent were from a dependent or family member. We had 93 session hours and the average session per case was about three and a half sessions. So, we want to take the time to thank you for funding that valuable program that our employees do benefit from when needed. We also offer a wellness works program. The wellness committee has coordinated many wellness events over the last year and here is just a snapshot of what some of those activities were. We had the heart and stroke walk. Wear red day. Poker walk. Salsa contest. Annual biometrics. And those are just to name a few. We have had an increase in our participation for our annual biometrics from 2015, so we are up to 62.23 percent and you will see some photos on the side from team members who are participating in the activities and, then, of course, you can't recognize everyone in the wear red day and the hearts, but that was a significant photo opportunity that was taken throughout the year. So, that takes us into training and development. We do coordinate and/or offer a variety of training opportunities throughout the year to our employees. We did have 90 employees attend new hire orientation. There is a difference between that 90 that attended and 119 that we have hired to date. We do have some camp -- summer camp personnel for the Parks and Rec Department who do not Meridian City Council Workshop September 13, 2016 Page 10 of 62 attend a full-blown new hire orientation, they get an abbreviated version. Those 90 attended the full program. We had 256 employees participate in the best trainings that we have offered this year and 94 percent of our employees completed the ICRMP risk management discount training offerings last year and we will be offering the training opportunity again next year and we invite each of you to participate with us through that program, so you will be seeing some e- mails from myself coming to you soon. Down at the bottom you will see just an overview of what's covered in each of those programs. So, a new hire orientation, one of the things that we really enjoy and we receive significant feedback from our participants of new hire orientation is that Mayor de Weerd does come in and she comes in and says hello, she gives her Mayor's welcome. It's very personalized and appreciated and as commented on by many of our employees. So, Mayor, thank you very much for taking the time to come in and do that with us. The best program, those are the courses that we have offered this year and, then, last year -- or, excuse me, last year and, then, over the last year the ICRMP program covered and had a focus on harassment and driver safety. So, another benefit that our employees receive that the Council funds on an annual basis for us, which is greatly appreciated, is our education reimbursement program. So, we do want to have a program that offers a reimbursement to employees for attending coursework that is related to their current position or considered of value to the future growth of their position and/or their employment with the city. So, you will see there we had some year- over-year information. In FY-16 alone we had ten individuals participate in the program. Of those ten, 14 reimbursements were processed and the total funds that were paid out and reimbursed to our employees was a little over 11,000 dollars. So, you can see that in previous years it hasn't been utilized as much. Last year it was utilized significantly. I would like to thank you, the Council, for doubling that benefit, so that we could offer additional dollars to our employees as they expand their knowledge and potential here at the city. So, the next section I have for you is employee engagement and here is just a little bit of a review of the things that we have done over the course of the last year. We are passionate in HR about promoting a culture for employees where engagement of their work is meaningful, the employees are valued, teamwork is also celebrated. We do that in a number of different ways. So, looking at the picture of going from left to right, in the upper left-hand corner you have a snapshot of her annual city employee appreciation picnic. This is what's held at Kleiner Park and it was an opportunity for our employees to come together, along with their immediate family, to come and really celebrate with everyone all of their efforts over the last year. Those employees who have had an opportunity to attend -- and I know most of you, if not all of you, had an opportunity to attend as well, we also have our employee recognition for our director of the year, supervisor of the year, employee of the year, volunteer, et cetera. So, it's a fun time that's had by all and I want to take a moment and thank the picnic committee, but specifically I'd like to thank Laura Lee who did a fantastic job again coordinating a very large effort in a very short period of time. The summer seems to be very busy for us. So, thank you very much. Moving to the right. We do support employee Meridian City Council Workshop September 13, 2016 Page 11 of 62 recognition in a number of different ways. One of the things that we do is HR choice and the Mayor travels the city, we go to each of the different locations, we do attend the different staff meetings and we surprise when possible and recognize employees for their years of service. They receive that years of service award from -- primarily from the Mayor in conjunction with Human Resources with a certificate for years of service, as well as a small token of appreciation and, then, they do get a photo with the Mayor that we do publish. Following that on the lower left-hand side of your screen and we do have our employee engagement survey. We launched that survey last year in September, so we are approaching the one year mark. I believe it was on the 11th, so we have just met our one year mark and so the departments are really working on focusing on their goals and objectives around moving the dial or moving the needle as it relates to employee engagement to make this a place that everyone wants to work, the employer of choice, and a great employer to work with. We will be wrapping that survey up here in the next few months and, then, we do have the next survey scheduled to come out in the spring of next year. And, then, in the lower right-hand corner you will just see a snapshot of our Human Resources newsletter. This is our HR2U newsletter. That newsletter goes out every other month, so we published six editions per year and it contains a wealth of information, anywhere from HR's perspective to the Mayor's message. It also captures any new hires to the city, promotion opportunities, policy highlights, fun facts, just a lot of different things. We receive a lot of feedback about how people appreciate the newsletter when it does come out and so we are looking to continue that and, of course, make it even better. We do want to take a moment. We have had a significant accomplishment here in the city, so we want to take a moment. I don't -- I know he's not here with us. Hopefully he is watching or he will hear, but we want to say congratulations to Chip Hudson. He has celebrated 35 years with the city. So, we think that's a wonderful accomplishment. It's amazing. We had the opportunity to go with the Mayor and celebrate that with Chip and his team. So, we wanted to include you in that celebration as well. And counting. That's correct. So, the next topic I would like to cover is policy administration and compliance. And so here is just a snapshot of some of the things that we have worked on over the last year. So, as I mentioned to you earlier, back in January we did implement a compliance line or a compliance hotline, if you will, or help line to get implemented in January of 2016. It is available 24 hours a day, seven days a week to our city employees via the telephone or computer access and we have had two reports to date of -- those have been around ethics concerns and/or any policy violation concerns. HR administers the compliance line efforts, so that information comes into us, we take your concern seriously, and we vet through those issues as we receive them. Moving to the right. The policy manual review. So, we knew that we were going to be preparing for FY-17 where we were going to actually do a rewrite of our policy manual and in order to do that we have to review what we currently have in place. So, we have spent significant time reviewing the current policies that we have, documenting, making notes, things of that nature, so that we can come forward to you at the end of next year with a new policy manual. So, we Meridian City Council Workshop September 13, 2016 Page 12 of 62 have been working on that through FY-16 to prepare for that effort. In addition to that, on the regulatory side we completed an I-9 audit. It's always good for us to make sure that we have everything in order and we meet regulatory guidelines and requirements if in the event we were ever audited. And, then, following that we did have an Affordable Care Act compliance requirement this year regarding our 1094 and 1095-C information and so Christena did a great job at really pulling that information together, working with our vendors to ensure that all the appropriate information and forms were actually processed and sent out from the IRS -- excuse me -- to the IRS and to our city employees. So, that's a little bit of what we have done over the last year. So, now I just want to take a few minutes to talk about what we are looking at for FY-17. So, in addition to the strategic goals that have been outlined for HR for FY-17, here is a look at some of the things that we also are looking to do. So, under compensation benefits and administration, we do have our internal alignment. So, as you know from the previous budget hearings we have had an opportunity to evaluate the police STEP plan and we have had an opportunity to outline a schedule for compensation reviews. It is now that time for FY-17 for us to look at the general employee population. There are over a 170 positions that we would need to look at and so one of the things that we have committed to do is an internal alignment initiative where we take a third of our employee population and we review it this year, the third in FY-19, and -- excuse me -- '18 and, then, a third in '19. And that ensures that every individual's position here at the city gets a compensation review or a market review at least every three years, outside of the standard budget process. In addition to that, we are looking to provide additional details to our salary administration guidelines. Those salary administration guidelines support our overall compensation plan and in addition to that we will be doing a compensation program review. Under training and development, we have purchased a tool this year that has allowed us the opportunity to start developing web-based training, rather than having everything instructor led. We do understand that while some courses need to be instructor led, we have different kinds of content that don't always require for everyone to come together in a classroom. We also understand that every individual has a different learning style that they would prefer. So, next year we will be rolling out additional training offerings web-based. We are also going to be developing a supervisor toolkit that will be available to supervisors and managers within the city. It will be accessible to them up on the city's intranet on the HR page and it will provide resources and tools that they will need when managing staff members throughout the year. We are also looking to develop a web page that provides and communicates to city employees, as well as city managers, external training offerings that are being made available in the Treasure Valley for professional development. So, we will communicate those and the employees will have an opportunity to talk with their supervisors as to whether or not they should or will be able to attend. I mentioned to our HR training database that IT has developed or has been developing with us on and it is in its final testing stages, so I want to give a big shout out and thank you to Nick Ferris and his -- and the IT team for working on that with us. It's been a project that's been a long time coming and so Meridian City Council Workshop September 13, 2016 Page 13 of 62 we are very excited to roll that out in the first quarter of FY-17. And, then, in addition to that, because we will be making some enhancements and tweaks to our employee development training program, we are also going to update and refresh our employee development training web page. As it relates to staffing and recruiting, first and foremost the departments do have FY-17 positions that you all have approved through the budget process and we are going to be working diligently with the departments to fill those positions as they are needed. We are also going to be looking at the recruiting software that I mentioned earlier to help us streamline some of our manual processes. We will be looking at having a job application form -- our application form needs to be updated. We have taken an opportunity to review that form to make sure that it's in compliance and we want to put some focus on that currently and through FY-17 to make sure everything is current and up to date. And, then, in addition to that there is some - - part of the form is the personnel action request form, which, again, in HR we deal with paper and so this is anytime that there is a change to an employee's supervisor, pay, position, anything that affects them it goes in their personnel file. This is a form that is utilized and processed manually. It's in triplicate form. We keep a copy. The department gets a copy. Finance gets a copy. We are looking to automate that process. In regards to performance management, what we would like to do in FY-17 is explore the performance appraisal tool and the evaluation process. We have got our current process that's been in place for a few years now and we always want to make sure that we are on top of that to ensure that we have the best process available to our managers and to our employees as well. In regards to compliance, you may or may not have heard that the Department of Labor has made some changes to the overtime rules and I may have mentioned them to you briefly during the budget process. So, that is a process and requirement that is now upon us. What the Department of Labor has done over the summer is they have published new changes to the overtime rule in the salary threshold. So, currently today the salary threshold that determines whether or not you are an exempt employee, which means salaried, or non-exempt employee, meaning hourly, went from 23,000 dollars to a little over 47,000 dollars. So, what that means for us is that we have to evaluate the employees that we have that are currently in an exemption status. We have to look at the salary requirements that is going to be effective December 1st. We have to work with the department managers to determine whether or not those employees remain in an exemption status or do they transition to a non-exempt status and have to complete that effort by December 1st of 2016. We have already started that process and we are going to continue that process the first quarter of '17 to ensure compliance. In regards to workers compensation, the workers compensation what we would like to do -- enhance that for all our managers throughout the city is too update and enhance the workers compensation paid on the intranet. There is a lot of additional information that we could put out there for employees and managers, so they have a better or greater understanding of workers compensation, what they should be doing, what the city will be doing, how the State Insurance Fund assists them and et cetera and so we are going to be looking to do that. I mentioned earlier under Meridian City Council Workshop September 13, 2016 Page 14 of 62 policy administration we are going to be doing a rewrite of our policy manual for FY-17, so we will be back to you at the end of next year with a new policy manual that we will bring forward to you throughout the year in sections if you will. And, then, I mentioned earlier we will also have an employee engagement survey that we will be wrapping up for the current one that we are in the process of working today and we will be starting that process again in the spring of 2017 So, those are just a few of the things that we have identified in Human Resources, in addition to the strategic objectives that have been assigned to HR for 2017. But in addition to that we are also going to be conducting our team FY-17 planning day, if you will, where our team is going to come together and we are going to be reviewing and evaluating all of the requests for service that the departments have asked for in FY-17 as well, so that we can take a look at those and build those into our priorities. And I have taken a lot of time this afternoon, so I appreciate your attention to the information that we have shared with you and I stand before you with any questions. De Weerd: Thank you, Crystal. Are you all exhausted? Our people do all that. So, any questions from Council? It was very thorough and I know you have -- Ritchie: I do. What I'd like to share with everyone -- I purposefully did not hand out a copy of the presentation prior to my time with you this afternoon. So, what I would like to pass out now and introduce to you is the HR department's first annual report. So, in lieu of a copy of a presentation we are going to give you our annual report. We are excited to get your feedback and we look forward to publishing one each and every year for you. Anything else? Bird: Thank you. Very nice. Ritchie: Thank you. De Weerd: Thank you very much. And to your staff. You guys are amazing. Ritchie: Thank you. B. Parks & Recreation Department: Discussion of Homecourt Agreement with the YMCA for Joint Use of Facility De Weerd: Okay. Item 6-B is under our Parks Department. Siddoway: Thank you, Madam Mayor, Members of the Council. Decided to tell you that we are getting closer and closer to the closing date that we have scheduled for the Home Court and one of the items that we need to check off the list to prepare for closing is the -- this agreement for joint use of sports facilities. You should have a copy of that agreement in your packet. But I wanted to provide a department report to you and hit the highlights of this for the record. Meridian City Council Workshop September 13, 2016 Page 15 of 62 First of all, just a little bit of history. The Council had already approved the purchase and sale agreement back in May 10th of 2016 and that document sets out all the conditions for closing and this agreement is -- is one of those conditions. Also -- this will become relevant later, but the city did adopt in July -- July 19th the Home Court fee schedule and that is set and ready to go as well. So, this joint use agreement is the next step needed to prepare for closing. It is required by the purchase and sale agreement as a condition. We are scheduled to close on September 30th and begin operations on October 1st. So, here is the highlights of the agreement for you. The primary term is one year through October 1 of 2017. It does have option periods built in for up to two years, but no longer than October 1 of 2019. And, then, just the focus of this agreement is to define the shared use relationship while -- between the city and the YMCA while they are still in the facility during that time prior to moving to their new upcoming facility, which is coming in south Meridian at the partnership known as The Hill. The bulk of the agreement focuses on the schedule and I need to throw some things out to Garrett who is here and in the back, but he has done a lot of the heavy lifting -- oh, we jumped out for some reason. Do you mind going -- yeah. But the schedule has been worked out so that the city parks and rec department had -- can grow our own programs and leagues while they are there, as well as after they are gone, but while they are there. And the YMCA can continue to operate the programs they currently run between now and when they move out. But one great example that I just got from Garrett today that I just wanted to share with you in anticipation of this new facility, with our fall sports we didn't have to cap our fall volleyball registrations and we were able to add an additional fall basketball. So, last fall we had 92 teams. This fall we have 133 teams by adding the fall basketball and growing our fall volleyball registrations. In addition, we will begin an open gym program for citizens once we begin operations in October. Other highlights include a provision for the AAU Youth Sports. This is the one provision that does survive beyond the -- survives the terms of the rest of the agreement. That is to allow for the AAU or -- and youth sports to continue using up the three Saturdays per year for ten years with a renewal option. They could have three of the four courts maximum and their time ends at 6:00 p.m. and note that they we will pay the reservation fees for that time as adopted by Council. There is a section in there talking about staffing. It quite simply says that they cover their needs and we cover our own needs as well and, then, for the payments the YMCA will pay their proportionate share of the operating costs in monthly payments and that amount can be adjusted if needed if there are unforeseen expenses. So, our recommendation to you today is for approval of the agreement for joint use of sports facilities. I will note that the agreement has been approved by the YMCA board and signed by David Duro last week and request your direction to have us move forward with legal in all matters necessary to prepare for closing on the 30th. With that I will stand for questions. De Weerd: Thank you, Steve. Council, any questions? Bird: I have none. Meridian City Council Workshop September 13, 2016 Page 16 of 62 De Weerd: Hearing none -- and thank you for you and your staff's hard work on this. Garrett, I know you have put a lot of thought and effort into this. Steve, you as well and -- and Mike Barton. Siddoway: And Ted Baird. I'd like to mention -- De Weerd: Ted Baird. Siddoway: -- Ted has been with us every step of the way. De Weerd: Our thanks to Ted as well, Bill. Siddoway: Yeah. Thank you. De Weerd: But thank you for that. Okay. I would entertain a motion. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we approve -- I was going to use verbiage on the screen -- the agreement for the joint use of the sports facilities and request the process continue through legal. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Mrs. Holman. Roll-Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Public Works: Tactical Plan Presentation De Weerd: Item 6-C is under Public Works and I will turn this over the Tom. Barry: Thank you, Madam Mayor. It's my pleasure to co-present this afternoon on our Public Works Department's tactical plan. We have a lot of information to share with you here quickly, so I will just get right to it. Here is the agenda that we have for you. We would like to talk to you about the purpose and objective of our tactical plan. Talk with you a little bit about 2010 to 2015 strategic plan and Meridian City Council Workshop September 13, 2016 Page 17 of 62 the performance that we were able to achieve on that plan. We will also talk with you about the development of the new plan, which is what we are calling a tactical plan right now for the department. We will also share with you how we plan to integrate that plan into the city-wide strategic plan and also utilize the modified balanced score card as a way to track performance and reporting in regards to our tactical plan. We will talk about the staff input process, as well as the regular involvement process that we used from a vetting standpoint and, then, finally, we will share with you some brief statistics about the strategic plan and its alignment with the citywide strategic plan and the past strategic plan that we had for the department. And, then, we will follow up with any questions you might have after that. So, the objective of tactical or strategic planning is many fold. First of all, for us in our department it's important for us to identify the actions that we need to take after a vision has been developed that we would need to move or advance our organization to the attainment of that particular vision. So, these particular actions are things that we would align our resources as well as our physical reach -- whether those be fiscal resources or human resources or whatnot, equipment, materials, supplies, all of those sorts of things to move forward and advance the attainment of the -- of the vision that we have set for ourselves and, then, finally, we need to make sure that we are moving in the direction and at the pace that we want or desire for our organization, so we have performance measures also built into the tactical plan that allows to track our performance going forward. And the desired outcome, of course, have any tactical or strategic plan is to insure that the most important priorities in your organization are identified, communicated, and achieved with direction and effective planning and that is certainly the goal for our department tactical plan. Now, you have heard me already use the term tactical plan and strategic plan interchangeably, so let me just get that out of the way for you. In 2010 the Public Works Department developed the first strategic plan that the -- that any department had developed for the City of Meridian and it was considered, really, the first strategic plan inside the City of Meridian at all. So, we called it a strategic plan. That's what it was. This time around we are operating under the tenants of a citywide strategic plan, as you know, that was adopted by this Council last year and, then, also earlier this year in amended form and so we did not want to confuse staff or the community or anyone else for that matter by using the term strategic plan as we talk to and referred to the actions and activities of our department and so we are -- we have switched the term to tactical plan for the Public Works Department to show visibly that there is a relationship between the citywide strategic plan and our department's tactical plan and to denote that the tactical plan is subordinate to and supports the citywide strategic plan. But because I'm referring to last period plan, which was a strategic plan and this period plan, which is a tactical plan, it could be a bit confusing. So, I thought I'd clear that up for you. Hopefully, that's as clear as -- De Weerd: Thank you. Very clear now. Meridian City Council Workshop September 13, 2016 Page 18 of 62 Barry: Thank you. That's fantastic. So, in any event, back in 2009 we started to work on the development of a departmental strategic plan, which was adopted by the City Council at that time in 2010. It was the first departmental strategic plan, as I mentioned, in the city at the time. It was developed internally with all internal resources and it was developed in what many of you might remember were very challenging times for the department and that almost precipitated its need, if you will, to help us get organized and move forward and create a new vision for the department. It was done with people inside the department that generally had a lack of experience and expertise in strategic planning, but it was an astounding document that I'm very proud of, even to this day. The benefits of developing the plan at that point in time helped us to communicate not only our vision to the Council, but also to the community and the staff. It helped us to plan and organize our work and our resources and, of course, that's the benefit of any strategic or tactical plan. I wanted to talk about performance, so, you know, the question I'm sure you all are dying to know is how did you do on the last plan? You know, you're bringing forward a new plan, so what did you do with the last one. Well, there were sixty-four tactics in the last plan or what we call the objectives at that time related to Public Works and 321 total activities. Of the 321 total activities, we had 170 that we completed. There were 90 that were partially complete and there were 61 that we did not complete it all and that could be because it was outdated, it wasn't important, it became lesser of a priority, wasn't needed any longer, a number of different reasons, just depends upon what activity we are talking about. But that equates to a completion rate of about 81 percent for that particular plan, which is not bad for a first time, out-of-the-gate attempt at strategic planning on a department-wide level. So, what do we learn by this? Well, back in 2009 and '10 that was a first-time experience for most folks in the department, particularly the leadership team at the time. We realized, though, that the plan was very ambitious and it was extremely ambitious. We had a lot of things that we wanted to do. We had a very high level of complexity. The time frames were best guesses at the time based upon the skill and capability and pace at which we assumed we could achieve the work and, then, also the resources needs that we ended up reviewing were underestimated for that matter. We also learned that we threw a lot of stuff into that plan and a lot of it probably shouldn't have been in the plan. It was very operational. We think of strategic planning or tactical planning as moving an organization from a certain place and point in time to another place and point in time. Not doing the same things over and over again and just improving upon them. That's operational. So, we took that kitchen sink approach at the time and that's going to cost us, if you will. We also learned that we need to be better about managing the plan. We started down the path of doing the work and, then, we didn't really look at our progress until about two and a half to three years into it with a revision to the plan. So, we revised the plan at that point in time. There were a number of things that changed in our department. So, we revised the plan and, then, we looked at it again about a year to 18 months afterward. So, really, what we learned by that is we really need to have more diligent and timely review and reporting of the progress of the plan. So, that's a lesson that we have learned Meridian City Council Workshop September 13, 2016 Page 19 of 62 and we are taking into the next -- development of the next tactical plan. So, after all of this we began to work developing our new tactical plan. Here is kind of the planning cycle. This was straight out of the planning cycle that we used in 2009 and '10 when we developed the last plan and as we started through this planning cycle I stopped the team or slowed the team progress, because about three to four months into it the city had made the decision that it was going to develop a citywide strategic plan, so I didn't want to be out in front of that as a department, so we paused the work and we devoted the resources at the time to the development of the citywide strategic plan. As you may know, I was on the citywide strategic planning subcommittee with several other of my colleagues and we worked together to develop the citywide strategic plan, which was ultimately adopted, as I mentioned and, then, as we neared adoption of that plan we went back to the work of developing the tactical plan. We wanted to make sure that it aligned well with the citywide strategic plan. So, this was the -- these were the steps that the citywide strategic plan followed. I don't have to go through this, because you have already been through that. But we followed a similar plan when we developed -- or a similar approach when we developed the tactical plan for the department. So, how do the tactical plan for the department and the citywide strategic plan align. You have seen this triangle before. It's in the citywide strategic plan and it's an attempt to sort of show the relationship between the tactical and strategic plan. As you know, the tactics drive the attainment of the objectives and the goals, which are driven by the vision of the organization. So, we wanted to make sure that what we worked on in our department aligned well with the citywide strategic plan. Maybe a better way to look at this is with this graphic. If you look at the red dashed line that runs horizontally across the page, everything above that's in the citywide strategic plan. We talked about vision, mission, values, the way that we work, all the five focus areas. The goals and objectives, which all have worksheets developed for them. Under that is where the work of this tactical plan starts and finishes. We talk about the tactics which support the goals and objectives. Also the activities, the actions, and, then, of course, the performance measures and reporting that we intend with this plan. Now, as you might imagine, there is an enormous amount of work that's done to develop a tactical plan or a strategic plan, for that matter, and it is not the work of just one person. We have an entire team that was dedicated for many, many months working on this. There is a strategic leadership team for the department that are represented here in Council today and I want to thank them personally for all of their hard work, time, and effort in putting forward this particular plan. But I really would like to point out Mr. Mike Peppin, our deputy director, who was the project manager for this, has done a fantastic job keeping the group corralled and on point most of the time and on task and productive. He's done a really fantastic job and that was something that he stepped up and volunteered for. So, I was very grateful for that. De Weerd: And it looks like a really unruly group at that. Barry: It can be at times. Meridian City Council Workshop September 13, 2016 Page 20 of 62 De Weerd: I'm glad you could corral them. Barry: In any event, Mike's going to come up now and talk with you about the process that we used in the department to develop the plan and, then, I will visit with you for just a few minutes at the end talking about its integration and alignment back to the city -- citywide strategic. So, with that we will turn it over to Mike and, then, after which we will have time for questions and comments. Thank you. Peppin: Thanks, Tom. De Weerd: Thank you, Tom. Peppin: Madam Mayor, Members of the Council, thanks for your time today. As Tom mentioned, I volunteered for this assignment. Absolutely. Who wouldn't want to get in the throes of the Public Works Department after only being with them for a few months and this is a perfect way to do it, so -- also evaluations are coming up in October, so I thought it was opportunistic that I get this done prior to that, as no one reminds me, as you can expect. So, what I want to do, as Tom has mentioned, is thank you for allowing us an opportunity to discuss with you and share with you the plan prior to in a draft form to have open discussion today. But I wanted to spend a little bit of time with yourselves and, then, also with the viewing public on how we went about developing the plan itself, because I think it's important for folks to know that this just wasn't something that we loosely put together and decided to throw a dart at something and hit it. There was a lot of thought that went into this. So, the first thing we did is we put together a -- about a 20 page document. Leave it up to Public Works to develop a plan to prepare and provide a plan. So, we put together a document that was going to encapsulate every single step along the way that had milestones and requirements and deliverables that would guide our planning efforts. Now, some of those timelines were busted and there was reasons for that, but what we didn't do is sacrifice quality and I think after sharing it with many of you, you -- you agree that there is a quality plan that we presented to you in draft form. But Susie and I spent a lot of time putting together information. We thought it was important, because one thing we learned that Tom mentioned from the last plan is when you throw the kitchen sink into something and it -- it's hard to monitor or track and maybe you could have been a little bit more proactive with that, we didn't want that to be a problem this time around, so we built some tools where we could educate and form and communicate with staff throughout the entire planning process. So, there was certain gates, if I can use that phrase, along the planning process where we would send out information or we engaged staff to let them know what your senior leadership team -- strategic leadership team is doing on their behalf in their efforts -- for their efforts as we move the department forward. So, we put together a document like this one. I want to share it really quickly, so you can kind of see it's the -- it's the strategic leadership team to take Meridian City Council Workshop September 13, 2016 Page 21 of 62 on the role to conduct a SWOT analysis and I will share with that -- that -- those results with you briefly in a moment. We also went through and revised the vision, mission, values. We looked at the citywide strategic plan to make sure we had alignment and, then, we pushed it back out to them and asked for their feedback. We got other feedback and, then, here we are with the draft plan today. So, one of the things when we sit down with the strategic plan that all of the experts and I support, as I'm sure many of you would, too, is to conduct a good SWOT analysis. So, to look at your internal strengths and weaknesses, but, then, also to do a good evaluation as a team of your external opportunities and threats. So, these are the results. I won't go through each one of them, but some things to highlight. As a department we are very proud that customer service is an internal strength of ours. We know that our workforce is committed to quality customer service that's exemplified by willingness to serve. Why is that important? Because as you develop and plan you can leverage things like that to advance the work that's in your plan. A weakness that we believe is harmful internally is communication. We have three geographically separated entities of Public Works. We have City Hall folks. We have a water division. We have a wastewater division. We can do better at communication with consistency across the way we communicate all divisions and we know as a planning team that that's one weakness area that we can improve upon. So, you have seen in the document that we provided you that there is a tactic that addresses an improvement to communications internally. Externally we look at opportunities. One thing that rises is technology. We have a lot of good technologies in the department right now, but we know there are a lot more that are out there that we can add to our existing or bring on board that will improve some of the opportunities that external firms or vendors may be able to offer. It just increases our service level. And, then, of course, there is threats externally. One that you're very aware of and we bring to you very often is the regulatory threat, in and around unfunded activities that are mandated upon us. So, we want to be very conscious when we go to plan that we don't lose sight of regulatory threats, because sometimes we don't have the ability to weigh in or influence those before they come to us. So, from there we get a SWOT analysis done and we reviewed -- because we already had on file, as Tom mentioned in our previous plan, vision, mission, and value statements. So, what we did is we looked at those and we wanted to ensure that moving forward they accurately represented the department. Workforces changes, so what was -- what was here in 2009 and 2010 is much different than what we have in 2016 and moving forward into 2021. So, we wanted to redefine, reevaluate our vision. So, our vision statement moving forward -- you will see a couple components in there that are very important to us and that is continuous improvement. Status quo is not enough in Public Works. We want to continually improve upon something. We can celebrate a success tomorrow, but we are going to work on improving on that success the next day. So, we are committed to that. It will also enable us to be a high-performing organization. National recognition can come from that. We have seen that in some of the things that we have shared with you already, but it also puts us in an industry leader position and that's important for us. Our Meridian City Council Workshop September 13, 2016 Page 22 of 62 mission statement -- that's really the butter on the bread. That's what we do. We anticipate, we plan, and we provide and the rest of it I will let you read, but that's really the core of Public Works. So, we believe that those three action words are important in our mission statement for the Public Works Department. That's not a change from what you previously saw five years ago. It's very -- it was supported then and it's very much supported now as we move forward. One thing that changed a little bit was down at the bottom we absolutely support and adopt the CARE values for the city, but as a Public Works Department we are a little bit -- we are quite diverse compared to some of the other divisions or, excuse me, departments in the city, so we have our own industry or industries that we aligned, so we thought it was also appropriate that we looked at what our industry, the American Public Works Association, utilizes that's kind of a standard of conduct for their members and we are all members of the APWA. So, just let me share an example, one thing -- when the words public trust come up we -- we take that as if I'm an employee of Public Works I will put public interest above individual, group, or societal interest and consider my chosen profession among anything other. So, that's just an example of aligning with the behavior and the CARE values, but also taking the standards of conduct a little bit further with the alignment with the industry standards. So, we thought it was important to adopt those. So, as Tom mentioned, we got in the throes of this. Got really excited. I thought we would get it done in like a month and a half, maybe 50 days, something like that, and, then, he asked me to pause and everyone else and we were very upset about that. So, we paused to help support the citywide strategic plan, as you are all aware. Tom worked on a core team that was very involved in that, so they pulled him away, but myself and a good handful of other members on our strategic leadership team were also asked to help support the development and, then, the worksheets that followed and the tactics of the citywide plan. So, we paused on ours. It also was twofold, because as the Mayor was -- was asking us to put this document together, we also wanted to ensure that any plan we developed was subservient to that, so nomenclature, you know, a strategic plan and now a tactical plan, so we had to sort some that stuff out. So, it was beneficial for us just to pause for a moment. But once those activities were done and those were brought to you, we moved forward and we identified -- Tom mentioned that there was about 19 percent of the old plan that wasn't completed. Well, not all of that stuff was just grabbed and carried forward, there is some of it that didn't require to be carried forward, but a good portion of it was looked at and so we looked at those items that were previously identified. It wasn't just a cut and paste into the new plan, we looked at it to ensure that there wasn't anything that's going to be redundant, we can combine certain activities if it made sense, because resources are sometimes scarce. We also made sure that we had new titles to refresh things. That plan was put together by a different team. This is a -- this is a new team moving forward with this plan, so we wanted to ensure that while the work previously was very important identified, the work moving forward is equally important and we wanted to redefine it. So, this is a busy slide, but this goes to show that work from the old plan was carried forward into the new plan. So, once we get done with some carry forward we identified Meridian City Council Workshop September 13, 2016 Page 23 of 62 some new tactics, new ideas, new brainstorming sessions. It's a -- it's a challenge to lead a team as diverse as ours in a brainstorming activity and, then, get them to narrow that brainstorming activity down. But I was somewhat successful to do that. So, we ended up with about eight new tactics. So, mass and public, that's 18 total package sets you have in the final draft of the plan that we are providing you today. Now, one may say, well, you had 64 in your old plan, you only have 18 now, what are you going to do with all that extra time? I can tell you that after a thorough review of the old plan and the development of this one, there is a whole lot of work that we are committed to doing in 18 tactics in the new plan. Not to mention the citywide strategic plan has work that we are responsible to lead and support throughout as well and we want to make sure we are available for those efforts, too. So, what I'm trying to say is I don't think we are in over our heads and we are committed to doing the work and trying as hard as we can. So, you get this plan put together and have all these fancy ideas and you have these great titles, but what does it really mean? Well, we sat down and we shipped this back out to some of the divisions and we said help us develop the work that it's going to take to achieve attainment of some of these tactics. So, inside the plan there is a tactical worksheet for every single one of those 18 tactics that gets in depth on the title, the alignment to the citywide plan, the lead, the support agencies that are going to be required to be involved in the attainment of that tactical objective. We used a focus area to modify a balanced scorecard. I will get to that in a moment, why it's important for us to align with that. We prioritized it. We provided some other information. We give a good tactic summary, because my goal -- our goal is to hand this off to someone that could take my place in a couple years, pick this plan up and know what I was thinking, what we were thinking when we put this together. It shouldn't be -- well, this can only be executed by these 12 people. It shouldn't be that way. So, we want to make sure it was very adaptive to anyone that came along. And, then, the activities and performance measures were also included. So, the next step we did is we have got these 18 tactics and we have got all these worksheets and we have got a plan that's really coming together and it's about 80 percent, you can see the thing forming, how do you prioritize the work. So, what we did is we wanted to make sure we had some criteria in case we were asked, but, then, also for us to follow. So, we developed these nine criteria area and the executive team, which includes five of us in Public Works, we sat down, we individually scored all of these from one to five in these areas and, then, we aggregated those scores and we realized that we had some conversations to have and so we sat around the table and we had conversations and the prioritization shifted just a little bit and, then, we brought that back and we gave it to our strategic leadership team and the 12 of them looked at us and some of them had eyebrows raised and others said I can live with that, but we felt it was important for them to weigh in and we tweaked it a little bit more and, then, we gave it to our staff and they give us feedback on prioritization. So, the prioritization as it's landed right now that's in front of you, that -- that includes -- nearly every member in Public Works had involvement in the prioritization of our plan. Now, the prioritization doesn't mean that we are going to put all of our efforts into number one and we are going Meridian City Council Workshop September 13, 2016 Page 24 of 62 to leave number 18 alone until one through 17 are done. Some of these can be going on concurrently. It just depends on what the resources are available and the allocation of the resources. So, for instance, number one is chief compliance with the permits, that's going to be a -- that's a five-year activity worksheet. We will also be working on number 14 or number 15, improved consumable resource management while that's going on, too, because that takes other resources, other employees and other support agencies. So, I provide that because this isn't a prioritization order, it's just a prioritization, if we had to choose to divert resources if they are competing, this is what we would go back to. As Tom mentioned, we in Public Works utilize a modified balanced score card and we use what we refer to as focus areas and that's the financials, operations, customer service, utility employees and, then, strategy. So, we aligned each one of our 18 tactics with one of these areas, which allows us to collect information and report internally to the department, but, then, back to you on a consistent basis so you know what we are talking about. And, then, the second piece we did is we wanted to align it with the citywide strategic plan. So, here is a quick snapshot of how all 18 of those tactics align with our modified balanced score card and you can see it's distributed pretty fairly. The one area you might look at and say, well, you have only got one of the utility employees. Well, let me tell you that -- well, a worksheet and, then, utility employees, that tactic has more activities than any other one of them that we put together and there is a lot of work in and around how we develop, retain, and attract employees for our organization. So, there is a lot of work in that one and that one will be ongoing over five years. And, then, secondly, as I mentioned, we align it with the citywide plan, so you're very familiar the citywide plan has five focus areas and that's identified by the numbering there on the left and, then, it has your goal areas, A, B, C, D, E, F -- so on and so forth. So, what we did is once we developed the tactics themselves, we aligned them underneath the citywide plan, so that you could see subordination to that plan and, then, we just added our own PW1 and so on and so forth so we could track it that way. So, all of those efforts that I just spoke about get us here to today and I will turn it back over to Tom, not before saying thanks to him and the other members of the team for trusting in me and allowing me to guide them through the process. It's been very worthwhile and I very much appreciate their support, so thanks. De Weerd: Thank you, Mike. Barry: Thank you, Mike. Very nice work. So, to continue forward, we wanted to talk briefly about alignment and vetting of the plan as it was in its final form. You might know some of the schedule here, but let me just run it through you real quick. The strategic leadership team upon the draft completion went through a series of iterations, look at the plan for a few weeks, made sure that before we sent it out it was in good final form. All the staff were given an opportunity to review the plan. We took this presentation or something very similar to this to all of the divisions in Public Works, presented this, talked about the past performance -- pretty much everything we shared with you today and, then, we Meridian City Council Workshop September 13, 2016 Page 25 of 62 gave them access to the strategic -- or the tactical plan, rather, that was developed and we asked for their comments and we wanted everyone to have an opportunity to comment and we promised them that we would address every comment, which we have and that work is continuing. A lot of those comments are going to be filtered back down through the strategic leadership team back to the employees over the next week or so. The Mayor has had an opportunity to look at it for several weeks. I shared this with the department directors, gave a very similar presentation to the department directors team. They have had it for several weeks. And, then, also, as you know, we shared this with the City Council about three and a half weeks or so ago and met with you separately last week for your feedback and we appreciate that very much. Just a couple things to talk about alignment and integration with the citywide plan. This plan, similar to the one we did five years ago, was developed in house with all of our own resources. This allows and encourages an engagement approach to be taken, which allows us to tap the expertise of our professionals. We don't have some outsider coming in telling us what they think we should be doing, because they don't really know our operation. We know our operation and we know what the emerging trends are that are coming down the road and where we need to place our materials, resources, equipment and whatnot. So, we have no outsourcing costs and I believe that we have a much better product. This plan aligns with the citywide strategic plan, as Mike just mentioned. Not just in nomenclature, but you won't find anything in our plan that isn't or cannot be supported by the citywide strategic plan. If we couldn't find alignment with this -- with an initiative that we wanted to do in the department with the citywide strategic plan, we didn't include it. Simply said. As we mentioned, the nomenclature also allows you to be able to track that, just as a way to vet the alignment. Lastly, one question that you might have is, okay, so you got work to do in the tactical plan that you have presented, but what about the work that you're supposed to be doing in the citywide strategic plan? Well, that is separate and apart from this. We have talked about 18 tactics in this new plan, but that doesn't include the three strategic objectives that we are responsible for leading in the citywide strategic plan, nor does it include the 17 support objectives or the objectives in the citywide strategic plan and we are supposed to be support for. So, if you add all of that up, we have a lot of work in our department to do between the citywide strategic plan and our tactical plan and that's where you get a good bulk of that work going forward over the next five years. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A quick -- on that point I don't see the distinction. If one of the obligations is to accomplish the duties associated with the citywide strategic plan -- Barry: Uh-huh. Meridian City Council Workshop September 13, 2016 Page 26 of 62 Borton: -- why would not -- why would that task not be one of your tactical plans? Barry: Well, it is. It is, Councilman Borton. Borton: I might have heard you backwards. Barry: No. That's okay. No. I don't know if you did. But the objective worksheets have all been developed for the citywide strategic plan. Those objective worksheets are akin to our tactical worksheets. So, they have already been separately developed and are included in the citywide strategic plan, that's why we didn't pull them back out and stick them in our tactical plan. Essentially, the tactical plan supports the three objective worksheets that are already in the citywide strategic plan, already to develop, and, then, we have our name listed on 17 others in the citywide strategic plan. So, all I'm simply saying is that the tactical plan essentially references that, but we didn't duplicate those sheets in the tactical plan. They are two different documents, but they do align well and that's how, essentially, we wanted to communicate the work and particularly where the emphasis was on the hierarchy between the citywide strategic plan and the tactical plan. Does that help? Borton: It does. Barry: Okay. Great. So, now let's just compare, just in brief, the last period's department plan to this period's department plan. Both plans had a five-year time horizon and what's nice about this particular plan is -- we are operating, as I mentioned, under the citywide strategic plan, which also has a five-year time horizon, so that's all aligned. There were 56 total pages in the original plan. There is 36 in this one. There was 64 tactics and 321 activities, as I have already mentioned. That's excluding the community development activities and tactics. You may or may not recall, but when the first strategic plan for our department was developed we had Development Services in Public Works, but there was an organizational change -- I want to say 2012 or something like that, where Development Services went to combine with Planning and that's how we created the Community Development Department. So, that separation was made and we took those objectives and tactics out of the plan. So, that's why I reference that. The plan -- one thing that's very interesting to note -- and I think an important lesson learned that I didn't already highlight -- is that the plan we developed in 2010, which was ultimately adopted, was very siloed and if you look back to it you will see that, you know, we had engineering kind of doing their own thing. These are the top engineering tactics. These were the top water tactics. The top wastewater tactics. Yes, there was a relationship from a support and lead standpoint, but it was really each division was responsible for their own particular tactic. We have totally changed that and we have -- I think to the betterment and to strengthen this plan we have created a consolidated plan that is not segregated by division. So, it's a lot more collaborative and I think we are Meridian City Council Workshop September 13, 2016 Page 27 of 62 engaging more of the right people in the plan and I think we will be more successful in achieving better quality outcomes. So, that's what I mean when I say the current plan is more integrated than it was back in the 2010. And, then, again, we did not roll over anything from Development Services or Community Development from the old plan. So, what's the next steps? Well, the next steps for us that are currently underway are to resource the plan. So, we have to identify the resources and the time frames by which those resources can get the work done and try to maximize the amount of work that gets done over a certain period of time. We are taking a project management approach to this and all of the leads for each of the tactical worksheets that we have developed are going to receive project manager -- project management refresher and also get access to Microsoft Project, which is how we are going to be tracking our progress and Milestones along the way. This is a snapshot of work in process. De Weerd: I thought maybe Todd made the slide. Barry: Oh, no. Well -- oh, because of the font. Yes. I see. I see the relationship there. No. This is what we could squeeze on the screen. Oh, brutal. That's brutal. So, in any event, over the next couple of weeks we are going to be finishing the resourcing of the plan and, then, we expect to launch October 1st and we are excited about that and so that's the plan at this point. As -- sorry for the typo on the second bullet there, but the reporting and adaptive management. This is where we look at the plan and, then, we modify as we need to our goals, objectives, resources, time frames and whatnot. We are going to commit to doing annually, which is similar to what we have committed to in the citywide strategic plan. And, then, finally, if revisions become so large or needed, then, we will just update the plan and draw your attention to that as needed. So, with that that's all we have for you in regards to our tactical plan and we will entertain any questions, comments, or concerns you might have. De Weerd: Thank you, Tom. And team. Council, any questions? I know you have had a chance to -- to meet with Tom and some of the team to review this, to have an opportunity to share any thoughts or concerns. Do you have anything today? Bird: Very nice presentation. Barry: Thank you. De Weerd: Thank you so much. And, again, we will see you -- we will look forward to the report on how you are doing. Barry: Excellent. Well, thank you, once again, for your support. We appreciate that very much and are excited to get to the good work ahead. Thank you. Meridian City Council Workshop September 13, 2016 Page 28 of 62 De Weerd: And I would say that, as Tom noted, this did go to the -- the senior management team and -- and it is -- it did create a template that I think people will be using to show how their -- their operational plans and tactical plans relate to the strategic plan and so I think you took something that was very complex and gave a good template for others to use, too. So, thank you for that. D. Public Works Department: Amending Meridian City Code Sections 9-1-16 and 9-4-26(A), Regarding Connection to City Sewer System Outside City Limits, the Ordinance Amendments will Replace the Public Works Application with a Written Request and Revise the Code Sections for Consistency. De Weerd: Okay. Item 6-D is also under our Public Works and, Warren, I turn the spotlight on you. Stewart: Okay. Thank you, Madam Mayor, Members of the Council. From time to time, as you know, there are people who come to the City of Meridian and request services for sewer and water who are not able to annex into the City of Meridian. We have a process that was identified in ordinance for -- that they needed to go through in order to accomplish that. Most recently you might recall that we ran a water line down Amity Road right in front of Mary McPherson Elementary School and they had requested that they be able to hook up to the water. They are not currently contiguous with the City of Meridian's boundary, so they can't annex. So, we went through the process to allow them to -- or to receive services from the City of Meridian, even though they aren't currently annexed. We found in going through that process that our ordinance referred to a form that needed to be filled out -- or an application that needed to be filled out and that application, frankly, didn't exist. So, we had to give them, you know, other options and so we decided, you know, maybe we should clean up this bit of ordinance with regards to water and sewer and how an individual would go about making a request to get city services outside of annexation and so we worked with the Legal Department, Emily Kane, and she put together some changes to the ordinance and made both the water and sewer ordinance consistent and now it does not refer to an application process, but simply refers to the need to put together a letter with certain information included in that letter that can be submitted to the city in order to make that request. So, that's what this is about. It's just getting your okay to adopt the ordinance and make the changes to make that process simpler and more consistent. De Weerd: Thank you, Warren. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop September 13, 2016 Page 29 of 62 Bird: I would recommend we go forward with bringing that ordinance -- amended ordinance forward for passage as soon as possible. That would be my recommendation. I don't know about the other five. De Weerd: Okay. Anyone in disagreement? Stewart: Thank you. E. Community Development & Public Works: Annexation of Enclaves De Weerd: Thank you. Which brings up Item E, which could be caused by Item C. Hood: Yes, Madam Mayor, there is some relationship there to what Warren just talked about and what I'm about to speak -- and, actually, Warren is part of this presentation as well. So, last year earlier in the spring you all met with the Ada County Board of Commissioners and at the end of that meeting they handed you a map and said here is a map showing all of the enclaves that are within your area of city impact. The map -- this is not the same map, but it shows the same thing. This is all of -- all of the enclave parcels that are in Meridian. So, an enclave being property or properties that are surrounded by existing city limits. So, we took that map and used -- and went to GIS and looked at all properties that are eligible for annexation and by state code a property is eligible for annexation if it touches existing city limits. So, as Warren just mentioned, Mary Mac Elementary is not eligible for annexation, because limits aren't quite there yet. So, when they are we can -- we can clean up the city limits and -- and bring them in. But until such time the city would not be able to annex that property. So, we looked at these -- these enclaves, which are often our limits are called Swiss cheese because of all the holes that are in it. Enclaves aren't ideal, not just on a map, but also with regard to services as you just talked about. It's not that efficient usually to leapfrog or skip county properties and provide services to properties on the far end of that service. It can create gaps or overlap in some services. The example of emergency service dispatch receiving a call at like Locust Grove and Fairview and depending on what side of the intersection you're on there it could be the sheriff that's lead or it could be Meridian police. So, there are certainly some efficiencies to having a consistent boundary between the city limits and unincorporated Ada county properties. It can also be considered inequitable for some of those county properties to not pay property taxes and yet enjoy benefits of city parks, being hooked up to sewer and/or water service, but yet not paying those property taxes to pay for the -- the general maintenance of those types of services. So, we as staff, again, looked the -- the properties that were enclaved and eligible by state codes -- so, again, contiguous and also looked at them being -- some of the criteria that further goes on in state code -- a property, if it's greater than five acres and not connected to a city sewer or water service, is, essentially, free or ineligible for annexation unless they consent to it, Meridian City Council Workshop September 13, 2016 Page 30 of 62 unless they explicitly write something saying, yes, I agree to be annexed. They can't forcibly be annexed into the city. So, we kind of -- we as staff developed three different categories or scenarios and have a spreadsheet handout that the clerks -- I don't know if those have already gone down. But we prepared a spreadsheet and there are 36 properties that are -- that we would recommend moving forward with annexing that have currently -- that currently meet those criteria. They are contiguous. They are less than five acres. And, actually, these have a water and/or sewer service and I will run through the spreadsheet here in just a minute to kind of explain this. What you won't see on the spreadsheet or what isn't highlighted is Black Rock Subdivision. That is not on your spreadsheet. And there are also a couple of ACHD and Idaho Power properties -- this is the Idaho Power substation on Stoddard. Brian McClure actually will be before you next week talking about that annexation, but it's -- again, it's in the same vein. There are properties that are receiving city services today that have previously consented by implied consent, because they are receiving those services today. So, you will have one of those next week, kind of a cleanup of the map, but it's on a smaller scale. So, we met as -- I think we met three or four times, something like that, as staff. We had members from the Police Department, code enforcement. Planning. MUBS. Public Works. Fire and Legal. And to just really confirm that these folks are -- there was some discrepancies in some of the records about if property is receiving one or both sewer or water service and if they had signed a consent to annex agreement previously. If there were code enforcement issues, so code enforcement went out to all these properties and verified if they had -- if they had or have known of any issues on the property, that if we annex them it may become headaches for them and so we kind of went through that process to develop again the spreadsheet that you have before you. Now, I will just note -- I did attach the same spreadsheet to your memo. There were -- there were a couple of glitches in that, so I would ask that you use this one. There was a -- or a column that was left out -- the signed consent to annex column for some reason got removed from that and there was one property that actually got taken off of the -- the spreadsheet that you had in your packet. So, this is the most current and up-to- date table that's out there and, again, after discussing those properties we would like to have your blessing on moving forward at least at this point with engaging with these property owners, inviting them to an open house here at City Hall, as we have historically done. I have been a part of this process two other times. We typically have -- had someone from Legal and someone from SS -- or Republic Services. Excuse me. It was SSC back when I did it the last time. Republic Services and typically Public Works here at the open house to answer any questions. A lot of them tend to be around, you know, what is it going to do to my taxes, but there are implications to, again, Republic Services. Once you're annexed your delivery schedule may change. The amount of garbage and recycling you're able to bring curbside changes as well. So, that's -- that's kind of our -- to cut to the chase that's our -- our recommendation. I would like to spend a few minutes and go through this spreadsheet and highlight a couple of the properties. We are not going to spend time on all of them. You can look at this, Meridian City Council Workshop September 13, 2016 Page 31 of 62 review it at your leisure, but there are a couple of them that were -- that we spent quite a bit of time discussing and the first one that I want to point out is 825 East Pine and I will just note -- if you see on the spreadsheet there, the spreadsheet is organized -- was that the first, second, third, fourth -- the sixth column over, the sewer and water service column, and S is properties that are receiving sewer service. A W is properties that are receiving your water service. And, then, on the second page starts with the properties that are receiving both water and sewer service. So, if you see water service comments, that's because they are only receiving sewer service right now and they don't have water as of today. But this is Public Works' comment on how difficult or easy it would be to hook up to said water service of the city. So, again, it's kind of organized by those -- one service or the other or both. And so the properties that are in the seven and eight hundred block of Pine -- even the 900 block of Pine you will see kind of grouped there at the bottom of the first sheet and onto -- you know, are all kind of right here in the same block and receiving water service. The one that -- why 825 is called out -- and I have got the aerial up here. This one is a known issue for Ada county code enforcement. You can see that there is a -- essentially a wrecking yard in the backyard of this home and there is a wrecker that is parked at this residence and he operators that out of his home. So, if annexed we would zone this residential and by city code you can't operate a wrecking yard out of a residential district. So, it's similar in the county in this case. Again, they are kind of crossways with this property owner. At the end of the day we thought compliance would be best caught -- again, this was in consultation with code, police enforcement, if it is annexed into the city, but wanted to put you on notice and, then, eventually, the property owner on notice that they are going to have, you know, a duration of time that they are going to need to come into compliance and this needs to be cleaned up and it's not okay to operate this type of business. But that's not -- it's not ideal. I mean it's not -- it's not ideal to welcome somebody to the city and say, by the way, you need to change the way that you're using the property. So, that's why it's highlighted and called out for you. Again, this was something that we talked about. Not to go into too much of the pros and cons, but we don't want the message to be to these property owners if you junk your property up enough the city won't come after you and annex you. You can -- you can live scot-free if you just make your property ugly enough or difficult enough for the city, they will leave you alone. We didn't think that was the right message to send to anybody either. So, again, not that that was, you know, the only reason, but that was -- we didn't -- if there is two other neighbors in this block and we are saying, hey, it's right to annex them, but we are going to not annex you because it's difficult or because you're a headache or because it doesn't look the way -- you know, because there is code enforcement violations, we didn't think that was the right message. But, again, I'm bringing that before you and if you're not comfortable with that approach -- but we think the overarching goal I think that we had, again, is one of equity and these folks are hooked up to city services, yet not paying the property taxes that support those services. So, that's one on -- on the first page that I wanted to highlight. And, then, the top of the second page -- Meridian City Council Workshop September 13, 2016 Page 32 of 62 De Weerd: Hey, Caleb? Hood: Yes. De Weerd: So, how did these get hooked up? I mean were there agreements that they would annex at some point? Hood: So, Madam Mayor, in this case, no. If you look, again, in that -- it's about the tenth column over, the signed consent to annex, if so date. So, it is somewhat of a mystery on how some of these got hooked up. Some of those that that field is populated -- if you look on page two there is quite a few of the properties that do -- that have signed -- like Mary McPherson have entered into an agreement with the city and said, yes, once I'm eligible for annexation I agree to hook up. I do not know how some of these properties came to be hooked up to services. I -- I know how some have been hooked up and sometimes it's when ACHD does a roadway widening project that will wipe out somebody's septic system and our sewer line is going in with that project, so we hook them up. This one and where it's at, there hasn't been a roadway project where that would be the case, so I don't know if it was just something when a water line extension was being put in or -- I really don't know the history on some of them, so -- and this is the case where, again, it's sort of a mystery to me and I don't know if Warren knows how or why, but we don't have anything that we can find as staff -- a record of how they got hooked up or why. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Does the sewer go to the -- the back of the place going through? It don't go up the road there, does it? Hood: Huh-uh. Bird: Or is it in the road? Is it in Pine? When we widened it we were putting it in Pine, but is it in there now? Warren, do you -- do you recall? Stewart: On this particular one, the note that I have on there -- sorry, I can't remember all these things to keep them all in my -- Bird: I -- Stewart: It says it's a ten foot deep sewer that runs through the property. So, in this case my guess is that you actually have a sewer line -- Bird: In the back. Meridian City Council Workshop September 13, 2016 Page 33 of 62 Stewart: -- that runs either through the back or along the side. Bird: And then -- and I think that was done years ago when they put that -- when our building inspector at the time put his subdivision out there. Stewart: Some of the other parcels along there -- it says there is an eight foot sewer that borders to the south and, then, one of those additionally on this -- there is one that fronts Pine Avenue, at least for a portion of that. So, different scenarios with each one, but they each have access to sewer readily -- in this case they each have access to sewer readily adjacent to their property or on their property. But they are not currently hooked up, they are just hooked up to water. Bird: But the sewer is available there -- Stewart: Yeah. Hood: So, the other one on the spreadsheet that I wanted to call to your attention is up near Irvine Subdivision and it is this out parcel from the rest of Irvine and it's just a little bit different in that there is a -- as you will see in the notes there, the water service is a sprinkler account, so it was stubbed with the roadway that's stubbed here to that property, although it doesn't look like it's been turned on, but the service is provided to them. But, again, it's just the water service for sprinkler, city limits, it is, you know, again, by definition an enclave, totally surrounded by city limits and just water only at this point in time, that sprinkler account. 1030 -- 1035 East Fairview is one that some of you are probably familiar with and I'm just going to go there real quick. The reason that this one is -- it is highlighted is they recently, just in the past couple of months, put a digital billboard out on this property, so this has been one that's been different -- different businesses in a home I think back in the day, but it's been a title -- I think it's a title company -- title loan company right now even. I think there was a drive-thru coffee shop there at one time and -- it's been different things. But, again, it's an enclave property, totally surrounded. This is the car dealership. This is the new Touchstone Place Subdivision. You can see it looks -- this is a little bit outdated. There is the street view. But, yeah, there is a digital reader board now on this site. So, that's the only reason I bring it up, is we would be annexing your property and we went through this with Maverick about having billboard signs and an agreement to take it down in ten years and that whole thing. So, again, this one we had the discussion saying, well, when they want to do something else they are coming to the city, they are not working with the county anymore, they are coming to the city now, so at least we have that -- we can have that dialogue with them if they come in and want to expand or whatever they need to do. So, that was a summary of that dialogue. Bird: Hasn't that been before us on an annexation before 1035? Meridian City Council Workshop September 13, 2016 Page 34 of 62 Hood: I'm sorry? Bird: Hasn't that 1035 been before us before on a -- Hood: We -- we have certainly talked about it. I don't think an application has ever been submitted. Yeah, they have had requests similar to what Warren was saying before for services -- that other service to be provided to this property. Bird: Yeah. That's it. Hood: And -- but they didn't want to annex. Bird: Yeah. You're right. So, the next one I wanted to highlight is -- and I don't know that we need to jump there, but down at -- near the southeast corner of Meridian Road and Amity is the sheriff's office tower that's right adjacent to the nine -- about nine acres that Public Works -- the city has for the future well and -- what's the one on that property? I can't remember. It's a well -- it's a tank. It's a reservoir property there. The sheriff's office has a communications tower. The reason I called this one out is because if you look on the table and columns four and seven, there is no -- there is no value there, because they aren't -- there isn't sewer or water there, because it's just a tower but it is an enclave. It's totally surrounded by city limits, but there isn't any services there. So, again, it's not in the same -- it doesn't -- it's an outlier to the rest of the -- the properties that you see on this table, because they aren't receiving the service. However, they are enclaves and it's a county property, so I thought this was a good way to show the county how they can help us clean up our city limits, we can have some of their property annexed in the City of Meridian to help us with the enclave issue. So, that one's just, again, called out because it's a little bit of an outlier that it is. And, then, the final one that I wanted to run through with you -- and this one is kind of fun. Not really, but -- it's at 1777 -- or 1775 West Pine and there is actually three different properties here. These are the Zimmerman properties at 1775 and 1785. Like I said, there were three different parcels here. There is a home up front, there is a business in the back, and, then, what you can't really see from this is there is a strip of ground -- I think it's only five or seven, ten -- maybe ten feet wide that kind of run along the boundary here. So, they are different parcels -- really two different things. But it's -- the owner operates this business. It's in the county. We actually met -- they did a pre-app with us several months ago now -- earlier this year anyways. Ada county code enforcement was there, because this has been another enforcement issue at the county, but there is -- this is an automobile repair shop. They have got -- you know, I think pain even back there, Perry. I don't know if you have actually been out there. I know Joe Silva's been out there. But paint booths and -- Bird: Yeah. They paint. Meridian City Council Workshop September 13, 2016 Page 35 of 62 Hood: I mean they are -- they are doing some things back here that hasn't been inspected or -- I shouldn't say that. But it's been reviewed, it just may not be up to all code. And, anyways, I bring that up, because if we annex this property the Comprehensive Plan has a residential designation on this property with the residences here, this is an industrial use per our code, we would -- we are proposing to zone them R-4. So, the automobile -- similar to that first one I showed you -- R-4, you wouldn't be able to do this business within the city limits. Again, I don't know all the history with this property in the county, but it's very rare for us in Planning to have a pre-application meeting with Ada county code enforcement. There is -- there is some -- a story here and they were doing what they could to, you know, get this cleaned up, if you will, on the city, because it's been an issue for them in the county, again, that one I don't -- I don't have the whole story. We have talked with building -- building services about what we can do to, you know, basically work with them. They have a path forward. If they apply for annexation, we talked to them about a comp plan map amendment that they could propose and do these steps and they haven't come forward. So, I don't know how much longer we wait. We aren't proposing the wait. We are proposing to annex them. That's what we decided as staff to recommend to you is that we propose to annex them. If they want to submit a comp plan map amendment and run this business, that's up to them to do, but right now it's not in alignment with the vision of the city. So, those are the few on this list. The rest of them are not that weird or complex. Difficult. Most of these other ones are just single family homes that are hooked up to sewer and/or water, they are enclaves, they are eligible for annexation and we propose it, but there are a handful of them that have a story to tell there and I just wanted to get those out there. De Weerd: So, Caleb, even with your comment that you could do a comp plan amendment, that doesn't move that building further away from the home and that's the -- that's the code enforcement concern; right? Hood: Again, Madam Mayor, I don't know all -- any or all of the violations at the county. My understanding in talking with the property owner, these neighbors are okay and he was willing to -- as part of that we encouraged them, we said, hey, it will help you get a long ways, if you can get something from these property owners saying I don't have a problem with this business. It doesn't hurt my quality of life. I don't smell it. I don't hear it. I'm fine with them. That goes a long ways towards them potentially being able to operate this. So, I can't speak to what the issue really is at the county or who complained or how they happened upon this business. I really -- I don't know. Yeah. Sorry. I don't have a lot of the -- the back story there. Bird: Madam Mayor? Hood: But, you're right, it wouldn't -- it wouldn't change the location of the building. Meridian City Council Workshop September 13, 2016 Page 36 of 62 De Weerd: Right. Mr. Bird. Bird: Chief Perry -- Palmer. They are -- they are surely being inspected by the fire department, aren't they? Palmer: I would have to check our records, but I'm sure that we have. Bird: I believe they are in the rural fire district. Palmer: Yeah. Bird: Part of our deal. So, we got to -- Caleb, we have got to know what those buildings are -- what's in those buildings and stuff. Fire inspectors -- our fire inspectors. Hood: So, I want to just go back to the map real quick -- or the series of maps. So, again, here -- here are the properties that are on that spreadsheet that are kind of in that -- I think they are more red is what it shows on my monitor anyways. But these are the properties throughout our area of city impact that we would propose. Here is that sheriff's office tower that I was talking about that -- near Meridian and Amity. So, if these go forward and all these are annexed, here is what your city limits look like. A lot better, uh? Well, not really. You can't really see, because it's not -- these aren't the big -- again, these aren't five acres or bigger, they are pretty small. It doesn't really make a big dent in the Swiss cheese effect. So, what we did is kind of took this a step further and did some more analysis and this is kind of where I'm going to pass the baton to Warren a little bit to talk to you about what we could potentially do and what we are calling scenario two. I will just highlight the main difference between scenario one and scenario two. The main difference between them is that these properties do not have sewer or water connections. But everything else is largely the same in this scenario. So, Warren? Stewart: Thanks, Caleb. So, I will try and articulate, you know, maybe what the difference is between these two scenarios. So, just real briefly, if you're looking just at a high level, the first level we tried to say, okay, what makes sense, what seems to be fairly straightforward as far as moving forward with an annexation. You got parcels that are annexed, they are already receiving -- or not annexed, but they are already completely surrounded by city limits. They are already receiving many of the city services. Many of those, as you can see on this list that Caleb talked about, have already signed consent to annex agreements with the city and so they seem fairly straightforward in many ways. The next level was those who were not currently receiving essentially sewer or water services. They may still be benefiting from the parks and other services that the city has to provide because of their proximity and that's what this map shows. So, this is, again, properties that are eligible for annexation. They do not currently have Meridian City Council Workshop September 13, 2016 Page 37 of 62 sewer or water services. They are less than five acres. There are a few other filters that I think I need to talk about -- and, Caleb, you can correct me if I'm wrong, but I think there is some other filters that we put on this map to kind of eliminate some parcels. For instance, if there was not a significant connection to city limits -- in other words, you will see that most of these, if not all of them, have -- are surrounded on at least three sides by the city limits. If there was a parcel that was maybe just touching at one little spot, we filtered that out, thinking that that will come along at a future date. In other words, if they are on the outside edge there somewhere there was very little or minimal connection with the city limits, we filtered that parcel out. We also filtered out properties that were likely to be redeveloped in the very near future or they were prime development parcels. As those parcels come in, of course, we will have an opportunity to condition those as they come in and so those parcels that -- that were either prime redevelopment parcels are likely to redevelop soon were also filtered out. There is also some subdivisions that are included in the city limits that had lots that are both above and below the five acre threshold. If there were lots that are above the five acre threshold, they, by definition, would not be eligible for annexation and it didn't seem to make sense for us to annex a portion of a subdivision. So, it's kind of an all-or-nothing thing. If they didn't -- if they weren't eligible for the whole subdivision to be annexed, we filtered them out. So, what you see is what's left over after we applied those filters to the main criteria for scenario two. Other things that are important to consider -- obviously, there are additional challenges, as well as benefits that this scenario or this level may provide, but other things that we felt like it was important to consider is -- sorry, I missed -- looking at my notes real quick. Is are -- one of the main ones was our ability to provide sewer and water services to these. How difficult is it going to be. Also are there code enforcement issues that we would need to address. Most of these probably don't have significant code enforcement issues or they might have been filtered out as well. They are in some of these cases may be significant capital outlay in order for us to provide sewer and water services to them. So, that's certainly something that we want to consider. And some of these parcels -- especially the subdivisions -- may have existing community water or sewer systems. That's an important factor, because if we -- if we decide to take those on we can, essentially, just take over maintenance operations of those systems and that's significantly cheaper for the -- for the city, as opposed to putting in new sewer and water lines within those subdivisions. If we -- if we move forward with a level two type scenario, you can see from this map that there is a lot more parcels that would be affected. Caleb, if you want to jump to that next slide. You can see that although there is still some Swiss cheese, if you will, in the city, it does help to make a difference in the amount of holes we have in the city limits. There is -- Caleb, jump back to this -- this slide, if you would. So, I want to talk just a little bit about the possible scenarios. I won't take you through all of this, but there are some important considerations here. So, if you look at the scenario two and you look at your starting point, you would look and say, okay, are there any land code or land use issues. If there are, then, you, you know, can discuss those pros and cons, but that probably leads you to a -- Meridian City Council Workshop September 13, 2016 Page 38 of 62 it's not time to annex that parcel at this point or that subdivision or whatever the case may be. Looking at the top left-hand corner, of course, there is some other avenues that you can go with this decision tree. There are four different avenues that would actually lead you to a scenario where you might want to consider annexation. But I want to kind of look at those two yellow boxes or talk about those two yellow boxes for a minute. One of the things that -- and Bill could correct me if I'm wrong, but I think this is what I understood. One of the things the state code says is that if you decide to annex these properties and they don't currently have available -- services are not currently available, specifically speaking of water and sewer services, you have to provide a plan whereby you can provide those services. Now, that doesn't mean that you have to do it immediately. From what I understand -- and part of that plan could simply mean that you're going to continue to allow them to operate their -- a community water or sewer system for a period of time, but at some point you have to have a plan to provide water and sewer services, as well as police and fire and other services to them. So, that would also have to be a consideration as you look at which ones we move forward with this is how are we going to provide services to these parcels, what is the cost of providing services to these parcels. We know that right now we are in a situation where we have significant expenses on the water and wastewater side -- or specifically on the wastewater side for our wastewater treatment plant expansions and so we have to think about how that works in the timeline. You know, where is the funding going to come for that. So, these are all things that we would have to consider. I do think there is a side of the argument that would say they are benefiting from the fact that they -- because of where they are from other city services, police, fire, parks and there -- is this issue that Caleb brought up earlier about is it equitable for these people to, essentially, not be contributing to those expenses or the revenue that's required for those, but there is also the issue of providing water and sewer service and what that cost would be. So, with that I will stand for the questions or back to Caleb if he has stuff he wants to add to that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On your last one on your spreadsheet, City of Meridian, Tully Park, I vote we don't go in the city. So, why isn't that in the city? Hood: That was a mapping error, like a -- Bird: Oh. Hood: -- surveying error back in the day. So, that's just a cleanup thing that needs to be cleaned up, because as we have stumbled upon it as we were going through these properties and looked at the official zoning maps and it shows that as not being annexed yet, so it was -- I think it was assumed when the Meridian City Council Workshop September 13, 2016 Page 39 of 62 subdivision went in, that that was part of it, but according to the documents that were filed with the county and the state, it wasn't actually part of that legal description, so -- Bird: Thank you, Caleb. Hood: Madam Mayor, if I can, just -- just a little bit on scenario two from what Warren said. I think with that one what we are looking for is some direction or if there is any -- it's going to take a lot of work to develop these potential service plans that we talked about to provide those services, that's a lot of work, it's a lot of effort, and we just wanted to gauge if there is any will for you to, you know, direct us to do that if at the end of the day we draft these plans and you're like we don't have any intentions to annex these subdivisions, even though we have got a plan to provide them services. We don't want to spin our wheels developing a plan that you don't want to implement. So, that's why scenario two we are here to say are we -- if this is something you want to do we will do the work, but we don't want to do the work if it's something at the end of the day where you got people in the audience that are saying what are you doing, you don't, we will have the public hearing, but if there is really even at this point no inclination to go there, we -- we don't -- again, we don't want to waste time developing something that you don't see any hope for actually adopting or implementing, so -- Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: Caleb, I -- on the scenario two ones, I am kind of mixed on those. I have a hard time forcing somebody to annex their property that aren't -- they might have access to a park. You know, that's their property, though. They might have a horse and now they can't have a horse anymore and they don't even go to the park. So, you know, without consent of those owners, I really have a hard time if they are not hooked up to -- to our services forcing them to annex. I feel differently on the ones that are -- that have water-sewer that are you -- you know, they probably wanted to be at one time anyway, but I have got some issues with that. Hood: Some of the -- excuse me Madam Mayor. Some of this is just to how we are Swiss cheese because we have county subdivisions right in town. I mean that's what a lot of these are are our older one and two acre county subdivisions and it sort of is what it is. Unless we do that we are going to be Swiss cheese and I'm not saying I'm necessarily going to like it, but there is nothing wrong with it necessarily, besides those things that were pointed out at the beginning where it's not the most efficient use of services, but that's -- that's the decision point we are. If we ever want to clean it up, this is what we are going to have to do at some point. And I'm not saying we have to do it now, but -- Meridian City Council Workshop September 13, 2016 Page 40 of 62 De Weerd: Right. But what the benefits of those -- of that? In particular probably, police, fire already has to serve it. I know the police and sheriff's department with these enclaves the sheriff is supposed respond -- Colaianni: Madam Mayor, Council Members. So, it's -- it's an issue of response times. So, with these -- these Swiss cheese -- these enclaves or whatever we want to call them, you're bringing sheriff's deputies into the middle of the city to handle a call where we are already at and so you have people that are waiting for police services that may be further away. If they were in the city that wouldn't be the case. So, that's really the biggest issue. We see this with the roadways, too, which is a whole different topic -- where half the intersection lies in the city and the other half lies in the county and when they dispatch for an injury accident they are sending the sheriff's department, who may be six or seven miles away, when one is down the street from us and it gets really weird. It's the same thing with the properties, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Scott, don't we have an MOU that allows us that whoever is closest to come -- be the first responder in there? Colaianni: If it is an emergency, everybody can and will respond. Bird: Okay. Colaianni: If there is enforcement action being taken -- if there is enforcement action or crimes in reporting and stuff like that, it's the jurisdiction that has it that - - that's the first in. Yeah. Bird: But on an emergency or something, we would respond if we were closer. Colaianni: Correct. Bird: And dispatch would send us. Basterrechea: Yes. The other thing we run into, though, is because they are surrounded by the city they oftentimes show up to the police department and want our services and, then, we have to send them to the county and we had a lot of that with the property at Meridian Road and Cherry Lane there on the corner where Rudy Rodriquez had the property, so -- De Weerd: So, did we do a pro and con type of scenario for this as to why -- why would we and if we don't why that's bad as well? Meridian City Council Workshop September 13, 2016 Page 41 of 62 Colaianni: We did a little bit -- and, Caleb, you can -- we can talk to that. I mean we -- just for the first scenario, I mean we didn't -- when we met as a group we didn't go too far down on the second scenario, unless we had direction from Council. Certainly there is some other challenges. De Weerd: I think the first scenario definitely with city services -- Colaianni: Yeah. The first scenario -- the way we looked at it and the reason I'm here is when our code people went out and looked at these properties -- we are very intimately familiar with it. They are. That's what they do. And we looked at them and it just made sense from us, again, back to the service delivery to -- to have them in there. They are already receiving some sort of service, water and sewer, from us and there are some challenges there from a code perspective, but I don't think it's anything in talking with my code staff that can't be overcome, so -- Hood: And, again, Madam Mayor, as Mr. Colaianni just -- just stated, we really didn't go so far as in scenario two to develop the full pros and cons. We want to see if there is -- even just at this level -- you know, that's a high level of these people that are in the county that may or may not have a horse of whatever, you know, I can envision them being here already telling you what the cons are. We can do that if you think that's worth -- if it's worth the effort to bring it back. I have no problem doing that, but like we said, we really focused in on scenario one. We talked about scenario two should not rise to the level of scenario one and we weren't -- without further direction from you we weren't comfortable developing that scenario as a recommendation to move forward at this point. But we certainly could. Stewart: Madam Mayor? It was kind of the Public Works who was kind of tasked looking at scenario two to some degree, because it had a lot to do with services. So, in fact, we actually did do a draft pros and cons. We didn't put that in a formalized spreadsheet or whatever to present to the Council, but I will say this, that pros and cons list that we developed actually was a significant part of how we came up with this. So, we looked at those pros and cons and those decisions that would have to be made and that helped to formulate this decision tree. So, there was some draft pros and cons developed for scenario two and those were part of what factored into the decision tree matrix that you see. So, if you look at some of these -- you know, we looked at the pros and cons with regards to land use issues and off-site improvements that would have to be made, whether or not there were existing sewer and water services -- community-based water and sewer services that could be, essentially, taken over and operated and maintained or whether we had to go in and tear up the streets and put new water and sewer services in, whether it was readily available at the subdivision or the property's boundary. We focused a little bit on -- on subdivisions in this case, but I do want to point out that even in scenario two there are some properties who are completely surrounded by city limits, who are less than five acres, and who Meridian City Council Workshop September 13, 2016 Page 42 of 62 have water and sewer sitting in the street in front of their home. All they need to do is connect up. So, there is that scenario as well, which although they don't currently receive water and sewer services, there are -- you couldn't make an argument that they are, essentially, enjoying the benefits of living within the City of Meridian without -- with the exception of water and sewer -- without having to be a part of the City of Meridian and it wouldn't take much to annex -- or to connect those. So, there is -- there is different scenarios that we looked at and pros and cons to each one of those kind of options or -- or situations without doing the subdivisions -- the county subdivisions that you see on the -- on the map, it would be difficult to make a significant difference in the amount of Swiss cheese that you have in the city, as you can see. But you can also see that there are some very small little parcels there that are completely surrounded. Maybe -- maybe it does, maybe it doesn't make sense to go ahead and annex those. They wouldn't necessarily take much to make that happen from a utility services standpoint. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, on the parcels under four acres, acre and a half, two acres, that might have some animals and stuff on it, we have -- we have grandfathered those in at times and -- and made the stipulation that once the animal is gone or - - you can't replace -- haven't we done that? Hood: Madam Mayor, Councilman Bird, we have done that. We have actually changed our nuisance ordinance I think since some of those times that we have done that, though, and we don't prohibit livestock per se anymore within the city limits. It's all covered under our nuisance ordinance. So, if you have a horse and it's neighing all the time and your neighbor complains at midnight, because of that then -- Bird: A horse neighing, you -- you don't have a horse. You have a mule. Hood: But we don't -- we don't say -- we used to have back in the day I think we limited it to three -- you know, you could have up to -- and, then, we had some that had more than that, which -- the current head you had you can keep, but you can't replace them. But we don't -- we haven't really done that for a while, because, again, it's covered in our nuisance. Even if you have one and it's being a bad neighbor for your neighbors, our code enforcements will come and we cite the nuisance ordinance of that. So, we say it's making a loud noise between the hours of 11:00 p.m. and 6:00 a.m. or whatever it is. So, yes, we have done that and -- and that would be the same case here. It would be just City Code. So, we wouldn't need to grandfather anyone, but they would be playing by the city rules. Bird: Okay. Meridian City Council Workshop September 13, 2016 Page 43 of 62 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: To add onto that, too, I mean, remember, in most of the scenarios you're dealing with it's the person requesting an annexation and a development agreement that gets done and there is an agreement between the city and the property owner what they can or can't do. When we are city initiating the annexation, you're not likely to get somebody to sign an agreement. So, those types of benefits sometimes of development and when development should occur, you probably need to consider as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I take it from you three that we are probably -- you feel comfortable with scenario one? Hood: Yeah. That was the consensus of the group of those folks that the department -- Bird: You know, we have discussed this for 17, 18 years and haven't done anything with it and at least we are going forward with it, Caleb, thanks to you and your group. I'm comfortable with it if you are comfortable with it, as a Council person, and so, you know, I think -- I think after we did scenario one, then, we look at two and stuff, I -- Warren said about taking on some sewer systems of the subdivisions and I hope we don't -- I hope we never want to do that, unless that sewer system is up to our standards. We don't need another Meridian Heights. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I have a question for police. And, please, forgive my ignorance if this is an unrealistic or illogical option. The city legal contract with the county for police services, can the county, likewise, contract with us to service the enclaves? Colaianni: Well, that's a -- that's a political question. So, I'm going to tell you maybe. I don't -- you know, that would have to be a discussion had by the chief and the sheriff and certainly there is -- there is -- when you're servicing your customers there is a certain amount of pride you have in going and taking care of your area and in doing those things. So, I don't know how they would feel about that. Is it possible? Anything's possible. Is it probable? I don't know. So -- Meridian City Council Workshop September 13, 2016 Page 44 of 62 Basterrechea: Ask the Commissioners. Colaianni: Yeah. I just don't -- you know, then, there is that -- I mean there is -- yeah, it could be complicated. Palmer: Okay. Colaianni: I'm just going to leave it at that. Palmer: And follow up. I guess to that point, while the sheriff would have pride in taking care of them, apparently the Commissioners don't -- ask them to take them off their hands, for me, then, aside from the police issues, there is no way I -- I mean if they at some point made a great sales pitch to be able to hook up to one or a couple city services and not have to be annexed, good for them, but there is no way I could support forcing annexing anybody. You know, while they may be using the park I'm sure there is lots of people from outside the city boundaries altogether that come and enjoy our parks and I love it that they do, because while they are here hopefully they are spending money at some of our businesses and so while we may not be getting our cut from those that live in the enclaves, the rest of the city is benefiting from having them here. And so I'm fine with, you know, discussing with those in scenario one that not -- not that have limited possible problems, but no possible problems with us having discussions with them to see if it's something they would be interested in, but definitely not force annexing anybody. De Weerd: Any other comments at this point? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Caleb or Warren. Do we have a provision in which we could terminate service for either water or both of these for these enclaves? Warren: I don't know. De Weerd: You wouldn't think so, because, then, it would be a Central District Health thing, you know, you would be encouraging drilling a well. You would be taking away their sewer and, then, they have to put a septic in and -- Nary: Madam Mayor and Members of the Council, I think to answer your question the answer I think is no, because they are paying for the service. So, your -- your option is to annex them, so that they pay city taxes for all the services, but you couldn't terminate their -- their service just because they are an enclave. Meridian City Council Workshop September 13, 2016 Page 45 of 62 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Since the discussion is about thoughts and opinions, I tend to agree with Councilman Palmer on this. I am one hundred -- one hundred percent supportive of trying to create a pathway for those who want to choose to annex, but forcing someone an annex because the city has grown around them to me is a -- is a hard sell for this councilman. De Weerd: Frankly, I would be more inclined -- I think you need to -- to work with the people in scenario one and do the reach out in see what the -- the general feel is on that. But there is concern on our commercial corridors in light of the county putting unsightly things in the middle of our community and we need to have a conversation at least minimally on that. Hood: Madam Mayor? De Weerd: And I guess just one other thing is, you know, the most recent example of the lack of -- of collaboration between the city and the county and we have citizens that really believe that when something goes in their backyard and it's allowed by the county, they come to the city and they are looking for our help and -- and the county's thumbing their nose at them, too. So, it -- it just -- you kind of are in a conundrum in some of these cases where -- where there is a cell tower or electronic sign, there seems to be little interest in -- in working with the city on -- and valuing the citizen input they are getting. But I don't know if their hands are tied in being able to deny some of these requests based on being surrounded by the city and following city standards. Hood: Madam Mayor, a little bit on that. That's what -- I was going to talk a little bit on that, because that was the real reason for our meeting with them earlier this spring was to talk about development potential of these enclave parcels and what's the incentive for some of them to go through the county versus the city. Cell towers being a good example. You don't need sewer or water to operate a cell tower and it's -- but codes are more lax in the county, so why would I annex a property into the city, when I can go to the county and develop that. So, I just want to circle back a little bit. We haven't heard anything from them really on that meeting -- at least I haven't. Kind of left it up -- yeah, we will stew on this and get back with you. We aren't waiting anymore. We are actually putting together right now a package of code changes to Ada county code and we will submit that to them and say here is what we propose as your code that you implement within our area of city impact and if it's touching city limits you don't process it, you send it to the City of Meridian to be processed and that's -- that's a very high level oversimplification of the code amendments, but that's, essentially, what it's going to be like. We talked about it again earlier this year. So, we are not -- we are not waiting for them to, you know, send us more feedback, we are actually going Meridian City Council Workshop September 13, 2016 Page 46 of 62 through and underline and strikethrough their code and saying here is an amendment that you could do in your title and your code, because you are right, Mayor, right now they have to play by the laws in effect and right now there -- a cell tower proposed next to city limits is -- is still the county. It doesn't -- there is no provision that says that you have to go to Meridian. De Weerd: Well -- and they keep creating these enclaves that they want us to clean up. Hood: And that's the idea that we don't perpetuate this -- continue to perpetuate this over time, that there is orderly development of the city limits, so -- but we are still left with the current ones, but, again, the other -- what we are trying to do is prevent that from really happening going forward as much as possible. So, we are going to move forward with that. Obviously, we will bring that back to you all before we submit something to the county, but we are doing that leg work now as time allows to go through and propose changes to the code that -- that really limit the ability for development to occur that's on, adjacent and eligible for annexation into the city. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I don't believe we have ever force-annexed anybody and I certainly don't back forced annexation, but I do think that we need to get out and talk to them and if they have got water and sewer, I don't think your -- I don't think we are really forcing them. They have got -- while they are paying -- don't get me wrong, they are paying for the water and sewer. Well, I think most of them are. We have found a few that was getting it and hadn't paid for 15 years. But, anyway -- then I think we are talking about a different deal. But if they are not getting it and we want to look at it, we need to talk to them and if they want to come in they come in. But if they have got water and sewer I think it's under a different ballgame then. Stewart: Madam Mayor? De Weerd: Warren. Stewart: I do just to kind of make sure that I get everything out there for you guys to consider. I do want to kind of point out that there is a section of our code that basically says if you take water and sewer from the city you need to take all the city services and I left -- I thought I had it here with me. I couldn't -- I can't cite you that code. I had it in my office just before, but it, essentially, talks about this scenario where if you have water or sewer -- you take water and sewer you, essentially, are agreeing to be annexed or you need to agree to be annexed. So, it's just something to think about. That's in our current ordinance. It's in our Meridian City Council Workshop September 13, 2016 Page 47 of 62 current code. So, I don't know how that plays into things, but I thought I at least ought to let you know that that's there. Hood: And, Madam Mayor, I'd just like to piggy back a little bit on that if it's okay to Mr. Bird's point. The city has not ever forced anybody to annex. We have, though, done a couple of city-initiated annexations where it's in that situation where you have implied consent and that's what this -- the statute speaks to those. Now, the statute was amended three, four, five years ago and I think it says if -- if you have worked a deal since 2009 or '10, I can't remember exactly when that statute changed -- the city still needs written consent or it's not consent at all. But if you have been hooked up for 20 years -- before that you have consented to annexation. So, that's what we would be doing here is really the statute allows us to do this, we still have to go through that category and all that, but they are eligible. Again, all these properties are eligible by state code. We aren't forcing anybody to do anything. They have accepted a service and by doing so have consented to annexation. It's up to us to actually go and do that. Now -- so, you know, we are talking, you know, forcing versus initiating. I understand. I'm just saying that by state code -- by law this is something that the city can do. Not saying -- it doesn't say we have to, it just says that we can do it. And, again, the intent there is for the orderly growth and development of the city. So, you don't have the situations of services and who -- is this your territory or mine and all that. And, again, I realize this doesn't really even make a dent in that, it's such a big problem, but -- yeah. Stewart: Madam Mayor? De Weerd: I think this discussion raised a couple of interesting points and one is that I hear consensus to move forward with scenario one, to have the conversations with the property owners and get a general feel as to what -- what the thought is and, then, you can report back to Council and they will have a better sense of how to move it forward. The other point was I think interesting in not the likelihood, but maybe the conversation as we look to clean up the enclaves and to those that are not on city services is if they want to look at lessening the load to their sheriff's department in responding in our city limits, that we look at while this would be the cost if we were the ones to respond and we could enter into a bulletproof agreement that you would pay us and it would have to be bulletproof, because recently they had not a written agreement, but a verbal agreement that Garden City provides services during the fair and they paid for the overtime. Well, after the fact they decided, no, we don't want to pay for the overtime, it's on you. We can't enter our citizens into the -- the murky waters of -- of thinking you were going to be reimbursed and, then, on the backs of our taxpaying citizens to provide services to those that don't. So, I think those two areas to explore what those -- what that would look like and -- and, then, you can get to scenario two if we move forward with scenario one to -- to start having the conversations then. Meridian City Council Workshop September 13, 2016 Page 48 of 62 Colaianni: We could have those conversations. I can sit down with the chief and the deputy chief and at least explore the idea. He's stepped out I think. Yeah. De Weerd: It would be interesting. Colaianni: Yeah. I think it's an intriguing idea. It -- it makes sense when our police station is across the street from a huge county pocket of homes and -- and when people need help we are right across the street and the county is, you know, 20 minutes away. It's odd to me, but I understand that and so certainly we could have those conversations. It doesn't hurt to ask. I can do that. De Weerd: Well, when it's not an emergency I don't think we should be responding. Let them respond. And when we get the complaints we say you're in the county. Colaianni: Yeah. And that's the way we do it now. That's the way we do it now. De Weerd: Any other direction from Council? Was that kind of a summary on the two points agreeable to Council at this point to -- to start moving towards? Bird: Agreeable to me. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The -- the theme I heard with regards to getting public input would be consistent with describing the benefits. Listening to their -- their pros and cons as well and learning the concerns the private property owner might have, but if there are unique benefits from Public Works or police service that they might not be aware of, that it's not a matter of explaining how and why we are going to do this, I didn't take it that was the -- the tone, but more informative that there may be some benefits where you might be interested in annexing and here is some of those characteristics which make it appropriate. And they may or may not be interested. I tend to agree, I think the collective will is to not pursue any non- consensual annexation at all, but the conversation is always helpful, because, you know, police service is -- is a really unique component of this that some of the larger county subdivisions may or may not appreciate the impact of having to rely on county services. The ones that are listed where you have got signed consent to annex already, those should be going forward I presume. Is that the intent? I mean if the property owner has already signed saying they consent to annex it should be relatively straight forward. Hood: Madam Mayor, Councilman Borton, again, the intent would be for everybody on -- from staff's perspective before coming to you, our intent was Meridian City Council Workshop September 13, 2016 Page 49 of 62 where they had -- we had something signed or if it was implied, because they are hooked up to the service -- that they signed something reinforced that for us. Borton: Yeah. I see a distinction there. They have signed and, then, clearly, you know, in writing consented. The city service -- even though they are receiving it, they are also paying for it. You know, if they are not receiving police services absent an emergency, they are already paying for and receiving fire service. It's whether or not use of parks and trade-off for business -- I'm not necessarily interested in force annexing those or even applying some buried consent annex component of our code. But the conversation at least is still working with those individuals. Hood: Mr. President, just full disclosure, this isn't fun for me either. I don't -- I don't necessarily want to go after these folks either. I mean I'm the bad guy here, right? I don't -- I don't really want to do any of this. Borton: Mr. President? I don't think you are and what I heard you say is not here is the plan to go an annex, it's to invite the conversation to happen, which really what we are doing is educating county parcels about characteristics of being adjacent to a city -- it may be in everyone's best interest that they choose to annex into the city. That's what I heard you say. Hood: And, Mr. President, that isn't quite what I meant to say. That's what I'm hearing back from you all. It really is almost the reverse is the city is going to propose to annex you and here is the benefits you will receive. I don't know if going the other way if I can sell people on those benefits and here is the -- you know, sign here. That's going to be a tougher sell. But we will get together and we will talk to them about some of the benefits. I don't think that's going to tip the scales, though, when they look at the cons on their side. But that's fine, I mean that's -- if that's where you guys want to go -- that's why we are here is to get that direction. We will do the best we can at developing that package, say here is the benefits if you're annexed. Will you annex? The way we were kind of couching it was we are going to annex you and here is the benefits you're going to receive. You know, the additional benefits. You're already receiving some of our services -- in fact, most of them. Now you -- now you get our police service, too. But if we sell them on police service I don't know that I want to pay another -- any amount of money to be in the City of Meridian. I'm just saying that's how the conversation is going to probably go. But we can have -- I mean we can do the best we can to come up with -- with that sales pitch to see if anyone is interested in initiating that themselves. De Weerd: Well, it seems to me -- yeah. That when you do cost benefit with the taxing districts if they won't pay -- that they are currently paying versus city with the rural fire district and -- it's not a huge difference to -- I mean it's been a while since we have -- we have done this, but it wasn't a huge difference. Meridian City Council Workshop September 13, 2016 Page 50 of 62 Hood: And, Madam Mayor, we did it with Black Rock and those are pretty nice homes up there. I don't know if you -- you have been there, but I mean it is -- so, it's a little bit more substantial for them, but -- than most of these properties I would think. But we can do that now. But, you're right, it's not that much, but it is -- it's more. And, again, if I can still go to the park regardless why am I going to pay any more. I can still go to the park. What is the benefit? Police is still going to respond. So, really, what is the benefit? I mean there are some that we try to convince them of and there are -- don't get me wrong, but it's -- is it worth paying more in property taxes? I just don't know that you are going to find anybody that says, yeah, let me submit an application, go through that process, so I can pay more property taxes. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: That brings up the inverse question to the city to say what's -- in that unique circumstance, other than the Swiss-cheese appearance, what's the benefit to the city to initiate it in the first place? Hood: We do get the property taxes. I mean that's the benefits to the city. But the -- Borton: To accomplish what end, though? Hood: In addition -- in addition to the other ones. Borton: Madam Mayor, I think that -- that's the interesting discussion and if we can't answer that question, the receipt of additional tax revenue merely for the ability to receive additional tax revenue isn't -- Bird: That's not a good -- Borton: -- necessarily appealing. Hood: No. And, Madam Mayor, if I can, I mean, again, the overarching theme that we had as staff is -- it was one of equity. Living -- I will use Pine, just because it was the last one we talked about. Folks on both sides of them are annexed and have the same exact services, yet pay more -- not that much more, but incrementally pay more for the exact same service. How is that fair to people on either side and south of them that they get those services -- they are paying for however much water and sewer they use, but they are not paying for that -- that service in property taxes to maintain that. So, how is that equitable for everybody else that's around them? And that's how -- the lens we kind of looked at it through was we are representing the other 90 some thousand people in Meridian that are really paying -- subsidizing these people to not be in Meridian. Meridian City Council Workshop September 13, 2016 Page 51 of 62 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And by the same argument, you know, we can make it that people closer to the giant parks should pay more, because of their proximity to them, where, you know, if you live on the outside border, you know, how is that fair to them. As you go and have these conversations with people, I beg you to sell it how you did, not -- and to avoid at all -- even the statement that, well, the city can push you into this or -- I mean or the city has the option to do it anyway. We want you to -- here is our -- here is the benefits, you know, to you anyway. I really don't want anybody feeling like they are being pushed into it. More completely invited. Until it gets to the point Council decides, okay, it's not working and Council decides they want to start the pushing. Be, hopefully, completely invitation until we get to that point. Stewart: Madam Mayor? Not to sidetrack at all or anything, but I did want to have a point of clarification. Caleb's talked about this whole list. Councilman Borton brought up the folks that have already consented to annex and actually signed agreements with the city. I just want to get some clarification on there. Most of those people years ago signed a consent to annex form, because at the time that they wanted the sewer or water service they were not contiguous with the city. They said, yeah, we will annex as soon as we become contiguous. They are now contiguous with the city and in some cases probably have been for a while and we probably should have annexed them a long time ago, but haven't. When we go to them and say, you know, you're not contiguous, you have already signed this agreement. I bet you that there is still some of them that would rather not be annexed, even though they have signed that agreement. So, are we okay -- I guess I'm looking for some sense of what you guys want -- to go ahead and annex them, because they have already signed an agreement saying we will annex when we are contiguous. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And to that point I'm on board for that. If we have something signed saying they have agreed to that when the time came that it was an option -- my concern is for the ones that -- that didn't -- that, again, sold us, however which way they did, but they got hooked up, but they -- they are not in a contract to do so and never maybe were ever told they would have to. But if they have signed something saying, yeah, annex me once I'm eligible, because you're hooking me up with services, then, I'm completely on board for that. Meridian City Council Workshop September 13, 2016 Page 52 of 62 Hood: And I would just like to say that's refreshing, because that's how we are -- Mary McPherson and some of those properties, that's how we are doing it is we are getting these -- yes, we agree when we get there, we understand the city limits aren't there, but if you give me that service I agree to be part of Meridian, so that the city limits can keep going on. If you would have said no to that, why are we here? You know, we are going have to be Swiss cheese forever, because -- and if we -- and if we keep providing services to county properties without that -- yeah. So, if that's -- kind of two different things. We will have a separate meeting probably for the five or six property owners that have signed consents and, again, kind of sell them to the other way, hey, you signed this -- remember you signed this, now is the time. I mean now you are contiguous. We are going to annex you. Here is some of the other benefits you get from that versus, hey, did you know if you annex you get these benefits. What do you think about annexing? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And I'm glad you guys are on top of it now and I think that this process would be a whole lot easier if all of these had signed something somewhere along the road. So, moving forward let's stay on that track and that will create -- I think it will make it a lot easier for future annexations and Swiss cheese prevention. De Weerd: Well, the problem is -- and I think it said earlier -- is ACHD hooks them up and it's part of the road improvement and they don't have to annex. Is that not correct? Stewart: Madam Mayor, that is correct. But we do have -- in those instances we do make them sign consent to annex forms. De Weerd: Okay. Stewart: So, we have some parcels that are like that. At least recently in a recent scenario where the county either eliminated their well or eliminated their septic system and required them to hook up to city, we did, as part of that process, go through and have everyone sign an agreement to consent to annex when they became continuous. De Weerd: And that practice changed once the -- the statute changed it, so the city felt comfortable hooking people up prior to that, because the statute supported when you get services that is implied consent. Hood: Largely I think -- I think that's what happened, you know, back in the day. I don't know how much ACHD even thought about that. They are like we are Meridian City Council Workshop September 13, 2016 Page 53 of 62 taking out your septic, look, there is a water and sewer line, want us to hook you up to that. So, I think it just sort of happened. They didn't really care the implications to the adjacent service provider. But now we coordinate a lot more closely with them on that to make sure, hey, we need belt and suspenders here. Yeah, if they have implied consent because they are hooked up -- but we want something in writing, because that's what the statute requires. So, we have got -- we have come a long way with ACHD in that -- in that regard. Nary: Madam Mayor. To add to your point, back in 1999 there was a large scale annexation in Boise that got a lot of press and a lot of unhappy customers that were forced annexed based on that exact premise, that that's what the law allowed. Once they receive services they didn't need a signed agreement. The law changed in 2000 and it's changed a few times since then that, ultimately, now you have to have a signed agreement. But back then you didn't. So, I don't know how old some of these hookups are. Some are probably older than '99 even, so -- but up until then it was -- the way the law was -- was read up until 2000 you didn't need anything other than they were receiving services and so that's why my guess is there is not a lot of signed agreements, because you didn't need them. Bird: I will bet some of these hookups, Madam Mayor, was a long time before Ty was born and we were at the old sewer plant on Broadway, I will guarantee you that. Milam: I would like 1999. Just kidding. De Weerd: So, on those who -- asking Council this -- to those implied consent are those the ones that are included in as -- as agreeing to -- to move forward? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The problem I see is looking at the agreements that are signed, they are 2000 -- I think the newest one is 2010. I wonder how many times that house was sold and -- I know there is -- the ones out on Pine aren't sold, they are still under the same ownership, but some of the other places I wonder if -- but that -- but goes with the title. It should. I don't know if it does, but -- De Weerd: Oh, God. This is murky as all get out. So, you know, staff, I appreciate all the time and effort you put into this and I'm sorry that we asked you to do this if there is not clear direction from this Council to do so. I -- you have put a lot of time and effort into it. I would agree with Caleb, I would have an issue my paying taxes for city services -- being hooked up to water and sewer if my neighbor was and they -- they get a free pass. There is a cost to being in the city and I think that's what they have tried to be leery of doing anything that didn't fall Meridian City Council Workshop September 13, 2016 Page 54 of 62 within the parameters that they had to work with. Do they move forward or not? Do we take this issue that we were asked to address -- and, again, I appreciate our staff actually following up on a topic that was discussed with Council and the Ada County Commissioners, instead of just thumbing our noses, so -- but it's -- I'm not going to allow our staff to thumb their nose. You guys can thumb your noses and say, county commissioners, we don't think that cleaning up these enclaves is our job. Bird: Madam Mayor, I don't think we said that. I think we just -- De Weerd: You're saying that -- well, yes, if they didn't sign -- Bird: We don't want to force them. We don't want to force them. De Weerd: If they didn't sign the agreement we shouldn't. If it's -- if the property has changed hands. Bird: No, we didn't say that. I just said it had -- what if they had changed. De Weerd: You did say it. Bird: But I don't think anybody said that we was going to force an annexation. We wanted to go talk to them and follow through with it like we told the county we would. I -- I think we need to get some comparisons, what -- De Weerd: On taxes? Bird: On taxes. And I'm going to -- I will get -- I don't know what the value of the place is, but I will get one taken care of between what -- I will get the county taxes that he's paying now. They have got assessed this year and I will bring it to Todd and he can figure out what in the city he would pay. I don't think there is that much difference. Black Rock is a horse of a different color out there. But the average ones we are talking about aren't Black Rock. De Weerd: But we -- we went to Black Rock and we asked them to do it as well and I don't think everyone in Black Rock was really thrilled about doing it, but that's -- neither was Edinburgh or -- yeah. Vienna Woods. Bird: But they all agreed to it. De Weerd: No. Not every house did. I will tell you that the only reason they consented is because of the written consent to even move forward with the development and you had many of those owners that were second homeowners and all of that. So, it -- I think that before staff puts more time into this they have to have some clear direction and if it's bringing back what the tax differences would be on average, we can do that. Police, you may even look at response Meridian City Council Workshop September 13, 2016 Page 55 of 62 times to -- in particular the scenarios that you have talked about where the response time is 20 minutes and you can say we can get there in five or four, those are kind of some of the things I think I hear you saying we need to know what -- what we can offer as we talk to these citizens and let them know what they get with the annexation. Am I on track? Milam: Madam Mayor? Bird: I will buy it. De Weerd: Mrs. Milam. Milam: If you're going to have them go through that, I think another thing to look at would be the value of property to next door properties. My feeling would be that the city property would be -- have a higher value. It's maybe not a ton, if they are right next door to each other, but the city does add value to the value of the property, so -- another pro for the -- De Weerd: What? I think I would buy the county property and get all the benefits of being in the city without paying the city tax. Bird: Mayor, I think she brought up a good point and I was going to bring it up and I don't know if, Caleb, maybe you know. Do they -- does the assessor use the same valuation on the property in the county as he does as the city? Hood: Madam Mayor, Mr. Bird, that is my understanding. Bird: Okay. Hood: That they aren't looking at -- so, we have different tax code areas and they will look at that, but they aren't going to look at -- if it's the same home and one is in the city and one is in the county on the same property, they are going to be assessed the same. They aren't looking at that differently. I will just -- and we can bring this when we meet with the property owners to tell them all the benefits. We have this calculator now. I mean along with that exercise, you enter in assessed property value, you know your homeowners exemption -- I can tell you how much difference it's going to be right now if you're in the city. Here is a 200,000 property -- so this is land and -- and improvements on the property, claiming the full homeowner's exemption, so your net taxable property value, you pay $159.40 more to be in Meridian than you do in Ada county. So, again, you put in 500,000 here. We are still going to max out that. We have got 405,000 -- De Weerd: Those homes are worth -- Hood: I'm just saying this -- we have got it. I have got it right here. We can do it. Tell me how much -- what did the assessor do last year, I can type it in here. Meridian City Council Workshop September 13, 2016 Page 56 of 62 What's your homeowners exemption? I can tell you how much more that's going to cost you to be in Meridian every year. So, we have got it already. We can use this tool as we meet with them. This isn't going to do us any favors, because every time it's going to be -- if it's a dollar, it's still a dollar. It's not going to be less to be in Meridian, because you're paying our levy rate. Right now you have no -- this -- it's going to be whatever this is times this more. And, yet, you're right, there are some subtractions. There is some -- De Weerd: Yeah. Hood: -- subtractions for the fire department, but that's accounted for. PETS -- PETS goes away. But the levy rate on that is so much less it doesn't offset. And it compares with -- to the other cities, by the way, so you can -- yeah. So, anyway -- and we have got that. We can use that if you're curious. Yeah. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are you assuming that these people are hooked up or not hooked up? Hood: We are only going to be -- Bird: Of the county people. De Weerd: It doesn't matter. Bird: Well, now wait a minute. If you have got your own septic tank and you have got your own well, you have got expenses every year. Hood: Absolutely. That's one of the benefits we will sell them on when we meet with them and say, listen, we will take -- for those that only have sewer or water, we will say reliability of service is 99.99 percent of the time for whichever service you don't have, you know, we will provide that other than to you. Now, again, how many -- two-thirds or more -- yeah, about two-thirds, actually, of the people on this list are already receiving both sewer and water. So, there is nothing to sell them on. They are receiving both benefits now. Bird: Yeah. That's right. Hood: One-third of them have only sewer or water. So, we can sell them on the other -- hey, look, we can -- we can get you the other service. That's great. And reliability. Some people say I like the taste of my water. I don't want to -- I don't want to have your chlorinated fluorided whatever stuff. I like -- I'm just saying that's what they are going to say. I'm just telling you -- I have got my Joe Citizen hat on; right? So, reliability, that's something we will sell them on. I mean that's Meridian City Council Workshop September 13, 2016 Page 57 of 62 one of the things we will bring and say, listen, flush your toilet, guaranteed to go down. Don't have to worry about -- I mean -- yeah. And I'm sorry if this was -- we tried to simplify it as best we could to -- so, if it was confusing and scattered I apologize for that, because I really appreciate the time that other departments have spent with me in coming up with this proposal and we have direction here I think to meet with these folks and at least have the dialogue. De Weerd: Scenario one. Hood: With everybody in scenario one, but there is kind of two subgroups in scenario one and those are the signed consent forms, we are going to -- we are going to -- Bird: That shouldn't even be a scenario. Hood: We are going to -- well, we still -- we still do the right thing and we meet with them and we say, listen, here is what's happened, remember when -- and maybe the property is sold, but, guess what, the previous owner signed this form and he's saying when you're eligible for annexation you agree to come in without hemming and hawing about it. The other group is the folks that we don't have anything on record and they worked a deal or however they got hooked up and we will say, listen, look at these other benefits, can you help us clean up our -- you know, the city limits and you get the benefit of having police response times and reliability of service and all of those things. We will sell them more on them applying to annex and report that -- how those meeting go back to you and we well figure out where we go from there. Basterrechea: Everyone wants to be number one, so -- Hood: Exactly. Welcome to our team. You can help us develop the pros or when we meet with -- De Weerd: You can go with them, Tracy. Hood: Scott, you have been replace. Sorry. De Weerd: Okay. Anything further on this item? Thank you. We appreciate the time and thought you put into this. F. Legal Department Report: Alcohol Catering Permit Ordinance Follow-up -Stakeholder Input and Draft Ordinance De Weerd: Okay. Item 6-F is under our Legal Department. Meridian City Council Workshop September 13, 2016 Page 58 of 62 Nary: Madam Mayor, Members of the Council, I will try to make this less than an hour and a half. On August 23rd we came to you with a new alcohol permitting ordinance, because of some state law changes that went into effect July 1st. One that was the most critical change or different from that was having a process in ordinance. Before we just had a process that existed and there is a -- we recommended a time limit in which to apply prior. The direction was to reach out to our vendors that use those. So, the clerk's office took that and sent it out to 28 different vendors that have applied for liquor catering permits in the last year to two just to -- and all of them said thank you for letting us know and they were fine. So, there was no push back, there was no negative response, there was nothing. So, if you're comfortable with it I put it on the agenda, you could approve it tonight. If you still want some time to think about it we can always move it to another day. De Weerd: Council? Borton: No problem here. De Weerd: Well, you were given two choices. You can put it off to another agenda so it's posted appropriately -- Nary: It is posted. It's 7-A. De Weerd: Oh, it's on the next one. Nary: Yes. Item 7: Ordinances A. Ordinance No. 16-1705: Ordinance to Establish Alcohol Catering Permit Process De Weerd: So, I will go to Item 7-A and ask Mrs. Holman to, please, read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1705, an ordinance amending Meridian City Code Section 3-2-6 regarding City of Meridian alcohol beverage catering permit, renumbering Meridian City Code Sections 3-2-6 and 3-2-7, adopting a savings clause and providing an effective date. De Weerd: Council -- I don't think Colin wants to hear it read in its entirety, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Workshop September 13, 2016 Page 59 of 62 Milam: I move that we approve Ordinance No. 16-1705 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-A. Mrs. Holman, will you call roll. Roll-Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. 16-1706: An Ordinance (Ashley Manor H- 2016-0043) of the City of Meridian Granting Annexation and Zoning for a Parcel of Land That is a Portion of Lot 10 of Crestwood Subdivision No. 1 as Shown on the Official Plat thereof on File in Block 28 of Plats at Page 1157-1158 in the Office of the Recorder for Ada County, Idaho, lying in the NW ¼ of Section 31, Township 4 North, Range 1 East, Boise, 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 Designation from RUT to L-O (Limited Office) District in the Meridian City Code; and 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 An Effective Date De Weerd: Item 7-B is Ordinance 16-1706. Madam -- Holman: Thank you, Madam Mayor. De Weerd: Sorry, I didn't mean madam. Madam Holman, will you call -- will you, please, read this by title. Holman: City of Meridian Ordinance No. 16-1706, an ordinance H-2016-0043 for annexation and rezone of a parcel of land that is a portion of Lot 10 of Crestwood Subdivision No. 1 as shown on the official plat thereof on file in Book 28 of Plats at page 1156 to 1158 in the office of the Recorder, Ada county, Idaho, lying in the northeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian City Council Workshop September 13, 2016 Page 60 of 62 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 L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county Assessor, the Ada county Recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1706 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Mrs. Holman, will you call roll. Roll-Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 8: Amended onto Agenda: Executive Session 74-206A (1)(a) 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 De Weerd: Item 8 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(a) and 1(a). Borton: Second. Meridian City Council Workshop September 13, 2016 Page 61 of 62 De Weerd: I have a motion and a second to adjourn into Executive Session. Mrs. Holman, will you call roll. Roll-Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSIONS: (6:02 p.m. to 7:09 p.m.) Bird: Madam Mayor, I move we -- Milam: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. De Weerd: Mr. Bird, hold on. I do have on your upcoming events, so you are kept informed, you have the parks tour tomorrow. Meridian Business Day is Friday. It's from 7:45 to noon. I will tell you that if you come to City Hall you have to park in either of the two employee parking lots, otherwise, parking will be pretty strained, unless you're only here for a couple minutes, then, you can park out on Broadway. Just know we will be enforcing time limits on Broadway between Meridian and Main, so that the bank and our citizens have an opportunity for a place to park. But there has been arrangements with Harvest Church, with New Ventures Lab and someone else to -- where? Oh, the Meridian Food Bank. And so, anyway, they will be parking in the front parking lot. We are asking everyone not to park there, so that the attendees can. Park in the Meridian or employee thing. Mountain View versus Rocky, the game on Friday night at 7:00 o'clock. The Meridian Youth Farmers Market on Saturday. The community block party is also coming up on Saturday, the 17th, from 10:00 a.m. to 5:00. The Recovery Day breakfast, Tuesday, the 20th, at the Police Department from 8:00 to 9:00. So, with that I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council Workshop September 13, 2016 Page 62 of 62 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:11 P.M. (AUDIO REC6RDING ON LE OF THESE PROCEEDINGS) / r, ��� Kei-r� the d, 6,o0N6,,(. ATTEST: -A*,-A`�T-IPd�CITY CLERK C -' t DATE APPROVED �PtED AVG` Sp ,r Cily of E IDIANI.-- IOAHO SEAL 4,/ Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Whiteacre Subdivision No. 1 Offsite Sanitary Sewer and Water Easement between the City of Meridian and Thirteen Hectare, LLC within Whiteacre Subdivision No. 1 MEETING NOTES [Dw"' 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 ADA COUNTY RECORDER Christopher D. Rich 2016-087032 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 09/14/2016 02:52 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 t (:p between -Ek. r+Lo Y� He e TciyP_ ,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, service and subsequently connect to 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 over and across the following described property: (SEE ATTACHED EXHIBIT A) 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, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted 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: cl- � r "Th irFec r� ;-�tc�cr LL C.. Address STATE OF IDAHO ) ss. County of Ada ) �h On this day of , 2016-, before me, the undersi ed, a Notary Public in and for said State, personally appeared GU• J���>i �7 klDmcr identified to me to be the Member, respectively, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••.••'���g1VI1T �•'••� � � (SE�,t•••""'• y's• NOTARY LIC FOR IDAHO 'a. • p'ov Residing at: /y Commission Expires: =P Sanitary SeAr anbAW%vt 'hent EASMT S&W 11-15-13.doc •'••STATE 04 •.•. GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) W� &"O L -An : ss County of Ada ) On this I 01,lay of J.P _0nh ti ; 20 `, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and respectively, of tie City of Meridian, Idaho, and who executed the within instrumen�a ow edged -V me hat 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. (SEALj•'•• 1VIAC"'•. • °' b; ' • i gcco')ILe"' I t"_ L, 4tct NOTARY PUB IC FOR IDAJIQ Residing at: 'Q Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc August 12, 2016 Exhibit 4 Offsite Sewer and Water Easement Description For CITY OF MERIDIAN Whiteacre Subdivision No. 1 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the East 1/4 corner of said Section 36 from which the Center - East 1/16 corner of said Section 36 bears North 89009'35" West, 1340.31 feet; Thence along the East-West Mid -Section line of said Section 36 North 89009'35" West, 897.14 feet to the REAL POINT OF BEGINNING; Thence continuing along said East-West Mid -Section line North 89009'35" West, 31.50 feet; feet; Thence leaving said East-West Mid -Section line North 08°11'08" West, 176.18 Thence South 89009'35" East, 362.36 feet; Thence South 00050'25" West, 20.00 feet; Thence North 89009'35" West, 338.93 feet; Thence South 08°11'08" East, 102.29 feet; Thence North 81 048'52" East, 11.11 feet; Thence South 08°11'08" East, 55.40 feet to the REAL POINT OF BEGINNING. SSG �4& 'QG 7729 s�0010 ,,, PROPOSED LIlWZ' ,-ICRS' TAN.,—R.1 E. � SUBI�lII/S/ONNO. / T.4N., RAW. �(p BL OC/lll� j 8 I o @ BL OCA- 7 I N. \y I I -----I\�\ I -------- I 10[ 0'-- IL&,\�\w S . C'o Lo •- I� o az Iw \ \ ——— — — — — �I I °' w l w DO I ��\ \tiz�-------- I (" I\ \ I o i 10_0 10 08'11'08"E 102.2h—''ss O 176.18 l W _ —T N Os'll'os" E N• I — — FOTUR co ° I I w 5:\ISG Projects\GEILE 40 ACRE BNDY TOPO 15-242\dwg\VIAL off,it-- e, DESC. dwg 8/1: IDAHO _ 1450 E. WATERTOWER ST. 130 SURVEY MEIRIDIAN, IDAHO 83642 GROUP, RO U P' S . C. (208) 846A570 6 2:18:05 PA7 MDT 10 60 0 30 120 SCALE: 1 " = 60' LA 17729 5116, � o F PAIN RY G.G/ GA"1DII urCHvvIIVv rum JOB NO. CITY OF MERIDIAN 15-242 OFFSITE SEWER & WATER EASEMENT SHEET NO. PROPOSED WHITEACRE SUBDIVISION NO. 1 1 A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, DWG. DATE T.4N., R.M., B.M., MERIDIAN, ADA COUNTY, IDAHO 08-12-16 LINE TABLE LINE BEARING LENGTH Ll N 89'09'35" W 31.50' L2 S 00'50'25" W 20.00' L3 N 81 °48'52" E 11.11' L4 S 08'11'08" E 55.40' LA 17729 5116, � o F PAIN RY G.G/ GA"1DII urCHvvIIVv rum JOB NO. CITY OF MERIDIAN 15-242 OFFSITE SEWER & WATER EASEMENT SHEET NO. PROPOSED WHITEACRE SUBDIVISION NO. 1 1 A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, DWG. DATE T.4N., R.M., B.M., MERIDIAN, ADA COUNTY, IDAHO 08-12-16 Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Whiteacre Subdivision No. 1 Sewer Easement Sanitary Sewer Easement between the City of Meridian and Whiteacre Development Corporation within Whiteacre Subdivision No. 1 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 2016-087057 BOISE IDAHO Pgs=5 HEATHER LUTHER 09/14/2016 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE 4 THIS INDENTURE, made this day of 20 IV betweenW corp the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: rgm tolmyl or -0!1 C.) #u mwwa ne 0.4) to)•fgav VA or.) va I 1r, I I tQ a #ri to 1611101 111 VA 121111114 12-14 NO 114 WINE'S I I SAO 001 1114 WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines fi-om, time to time by the GRANTEE; AN ouler gfou afict Tufflaric CoUSTUM1111, g7c, grant amna TIR unto the GRANTEE the right-of-way for an easement over and across the following described property: -Ing . a *.'4 - 11. The easement hereby granted is for the purpose of construction and operation of sanitary sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, ifs 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. Sewer Main Easement REV. 08/15/16 THE GRANTOR does 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 GRANTOR does hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted 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 GRANTOR does 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: President WWac.A. - Z&bphpn+ Nr -p. ZfZ ,30' d&, -1A1 $YWJ-J Address STATE OF IDAHO ) . ss. County of Ada ) On this day of 3 , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared E. Don Hubble, known or identified to me to be the President, respectively, 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 first above written. (SE4f Sh1IT0 ''•. 4 ;• OTARY*•g 's S. PUBVt�'.' T-1 7'E OV Sewer Main Eas NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de W Attest by X*ee L. Holman,=C•i Approved By City Council On: Al16 (cj STATE OF IDAHO, ) : ss County of Ada p AUGUST o� E100,140 > LL a 2I On this 13 4h - day of jf' (n4-ck9l b -W , 20 / , before me, the undersigned, a Notary Public in and for said State personally a eare— amm de Weerd and Jaycee L. Holman p Y pp Y Y known to me to be the Mayor and' respectivd toely of the City of Meridian, Idaho, and who executed the within iYsstrumen%a�nd acknowledgeWe 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. 0060.•.. (SEAL)�•ACk�•.• '.04 "'41 • 40 ��• ••4.0000• NOTARY PUtlo-'M IC FOR IDAHO Residing at: Commission Expires:' oZ 1 Sewer Main Easement REV. 08/15/16 August 12, 2016 Exhibit t" Onsite Sewer Easement Description For CITY OF MERIDIAN Whiteacre Subdivision No. 1 Portions of the Southeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the East 1/4 corner of said Section 36 from which the Northeast corner of said Section 36 bears North 00029'34" East, 2660.37 feet; Thence North 48026'50" West, 236.10 feet to the REAL POINT OF BEGINNING; Thence North 89°09'35" West, 31.45 feet; Thence 45.02 feet along the arc of a non -tangent curve to the left having a radius of 80.00 feet, a central angle of 32014'25", and a long chord which bears North 45045'55" East, a distance of 44.42 feet; Thence South 00041'24" West, 31.45 feet to the REAL POINT OF BEGINNING. dv JL 25 100 I„ 50 "SCALE: 1 " = 50' _0 � GAG 6 7 7 29 A 8) �� �C) G \ � F C G. Ibi Q eZ OCA J fl�w C o O 1 w IN J Q PROPOSE0 I z WIIITEACRS' O su8D1v1s1oN1Y0. I / 0 � o W. YOSEMITE ST. / O —�/GN ` _SS ss 10.0' R P OB L1 O LINE TABLE LINE BEARING LENGTH L1 N 89'09'35" W 31.45' L2 S 00'41'24" W 31.45' 25 130 O 36 31 I � 0 N Z ft� I W Q Im wo � w I Ln :2 U) N m Z 0 0 Iz I _I F- 1/4 36 31 CURVE TABLE CURVEI RADIUS LENGTH CHORD CHORD BRG. DELTA Cl 1 80.00' 1 45.02' 44.42' 1 N 45°45'55" E 32'14'25" 5:\ISG Projects\GEILE 40 ACRE DNDY TOPO 15-242\dwg\WAl onsiLesew - E%B.dwg 8/121 N_ -- IDAHO _ 1450 E. WATERTOWER ST, a: a SURVEY MEIRIDIAN, IDAHO 83642 GROUP, P.C. (208) 846-8570 a 4:25:06 PM MDT CITY OF MERIDIAN ON-SITE SEWER EASEMENT PROPOSED WHITEACRE SUBDIVISION NO. 1 A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO. 15-242 1 DWG. DATE 08-11-16 Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Idaho Humane Society Addendum D to the September 24, 2013 Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society for an amount not to exceed $370,132 MEETING NOTES mt 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 ADDENDUM D to PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL SERVICES AND DOG LICENSING BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Addendum D to the Professional Service Agreement for Animal Control Services anDog Licensing Between the City of Meridian and the Idaho Humane Society is made this I � ay of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Idaho Humane Society, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "IHS"). WHEREAS, City and IHS entered into a Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society on September 24, 2013 ("September 24, 2013 Agreement"); WHEREAS, IHS has analyzed animal control services provided within Meridian, and requests payment commensurate with services provided; WHEREAS, City finds that IHS has the necessary qualifications and capabilities to continue to provide a full range of animal control services to the Meridian community, to protect the community's health and welfare, and to assure that the animals are maintained consistent with the provisions of City Code; 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. TERM. The term of the September 24, 2013 Agreement shall be extended to cover the period beginning the 1st day of October, 2016, through the 30th day of September, 2017. II. COMPENSATION. City agrees to pay IHS for animal control services provided within Meridian City limits during the Agreement term, as extended by this Addendum, in an amount not to exceed $370,132.00. Such amount shall be payable in twelve equal installments. City shall pay IHS monthly for services rendered in the previous month. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to IHS under the terms and conditions of this Agreement; payment of all taxes and other assessments on such sums shall be the sole responsibility of IHS. ADDENDuh1 D TO SEPTEMBER 24, 2013 PROFESSIONAL SERVICES AGREEMENT WITH IHS FOR ANIMAL CONTROL AND DOG LICENSING SERVICES PAGE 1 of 2 III. SEPTEMBER 24, 2013 AGREEMENT FULLY IN EFFECT. The intent and effect of this Addendum is to extend the term and increase the payment amount for services provided by IHS as set forth in the September 24, 2013 Agreement. Except as expressly set forth herein, this Addendum does not otherwise modify or alter any tenn or condition of the September 24, 2013 Agreement in any way. The September 24, 2013 Agreement remains in full effect, and all terns and conditions thereof are incorporated in this Addendum as though fully set forth herein. `�— I (N WITNESS WHEREOF, the parties hereto have executed this Agreement on the �3 day of September, 2016. IDAHO HUMANE SOCIETY, INC.: P--� Jeff icliAl, DVM Chief Executive Officer CITY OF MERIDIAN: ��O ptruvgT �` �19 BY: Q °`p Tammy d e rd, Mayor c t"�1P� Attest: S / P ��TER of t R�5 ADDENDUM D TO SEPTEMBER 24, 2013 PROFESSIONAL SERVICES AGREEMENT WITH IHS FOR ANIMAL CONTROL AND DOG LICENSING SERVICES �- �► � � Ute? PAGE 2 of 2 Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4D PROJECT NUMBER: H-2016-0043 ITEM TITLE: Ashley Manor Development Agreement for Bright Angel Holdings, LLC, (Ashley Manor -H-2016-0043) located at 4379 N. Locust Grove Road, in the NE 1/4 of Section 31, Township 4 North, Range 1 East, (Parcel No.: 81608650271) 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 2016-086864 BOISE IDAHO Pgs=27 DAWN TRIVOLIS 09/14/2016 01:15 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Bright Angel Holdings, LLC, Owner/Developer N& THIS DEVELOPMENTAGREEMENT (this Agreement), is made and entered into this 3d -C day of ces'Z , by and between City of Meridian, a municipal corporation of the State orldaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Bright Angel Holdings, LLC, whose address is 4334 N. Bright Angel Avenue, Meridian, Idaho 83642, hereinafter called OWNER/ DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which. authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 1.22 acres of land from the RUT zoning district in Ada County to the L -O (Limited Office) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT AGREEMENT —ASHLEY MANOR (H-2016-0043) PAGE 1 OF 8 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 21" day of June, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Bright Angel Holdings, LLC, whose address is 4334 N. Bright Angel Avenue, Meridian, Idaho 83642 the party that own and are developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043 PAGE 2 OF 8 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Limited Office District (L -O) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to N. Locust Grove Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Sidewalk shall be installed along N. Locust Grove Road where it doesn't currently exist and along N. Bright Angel Avenue in accord with the standards listed in UDC 11-3A-17. The sidewalk along Locust Grove shall go around the existing irrigation vault to provide continuous pedestrian access. c. Future development of this site shall be generally consistent with the conceptual site plan and building elevations depicted in Exhibit A of the Findings of Fact and Conclusions of Law as described in the attached "Exhibit B" and the conditions noted in the staff report. d. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for N. Locust Grove Road per the Master Street Map in regard to sidewalk, street buffer and building locations. e. Mitigation is required for any existing trees 4 -inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11 -3B -10C. Contact Elroy Huff, City Arborist, prior to removal of any trees from the site to confirm mitigation requirements. f. Future development of this site is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. g. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application prior to submittal of a building permit application(s). h. Hours of operation in the L -O district are limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11 -2B -3A.4. i. The residential use of the subject property shall cease upon annexation ordinance DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043) PAGE 3 OF 8 approval. j. If the existing structure is to be retained on the site, the applicant shall be required to cease using any other existing water source or method of disposing of sewage and connect to City water and sewer service within sixty (60) days of approval of the annexation ordinance per MCC 9-1-4 and MCC 9-4-8. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043) PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043) PAGE 5 OF 8 OWNER/DEVELOPER: Bright Angel Holdings, LLC 4334 N. Bright Angel Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043 PAGE 6 of 8 Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Bright Angel Holdings, LLC W— I - AN -M ATTEST,/ I z ipUGUST� 7A o1, � 1� A0 W J Q! oft L CITY OF MERIDIAN Wal DEVELOPMENT AGREEMENT -ASHLEY MANOR (H-2016-0043) PAGE 7 OF 8 freslde,%+ A KelSiOne Wesf, Inc.-) STATE OF IDAHO ) +he. M&mac}e r ss: County of Ada, ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally ppeare K4;44,. !' 1-0 c-ktr , known or identified to me to be the of Bright Angel Holdings, LLC and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) SHANNON JANSON Notary Public State of Idaho STATE OF IDAHO ) Notary Public ficir Idaho Residing at: My Commission Expires: ss County of Ada ) On this �3 day of �` , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and know or identified to me to be the Mayor a d Ctrlc rhe etivel}bof the City of Meridian A elec tie 1e instrument or the person that � cv� -ice---,-� exec&0 t e ms?rument o>�ehalf 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. 00606, MA (SEAL) y 1 tai' - •�f*mesa*** L. Notary Public fort Idaho l__ Residing at: 0a A Commission expires: DEVELOPMENT AGREEMENT —ASHLEY MANOR (H-2016-0043 PAGE 8 OF 8 Exhibit B E X H I B I T A Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Verraso Village 2 Sanitary Sewer Easement between the City of Meridian and #293 Pioneer Exchange Accommodation Titleholder, LLC within Verraso Village 2 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 SANITARY SEWER EASEMENT THIS INDENTURE, made this -1 day of S36, 201LbetweenfA3 Q)oneer iXcQ=m Ti 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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. Sewer Main Easement REV. 08/15/16 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: #093 Pioneer �xc�,ah�t� O�ccow,w,o�wtIon Tips- o1aer i LLC. jay Pior%"r 10 C an f ay '-S•v P. 1911 W% 'MyrUf_ SfML-, kisz SO 8370; Addres C�54- Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 31 -/ day of A !L� , 20-L, before me, the undersigned, a Notary Public in and for said State, personally appeared ate• ) e 54, 14t, d Cn k, i,14� s, known or identified to me to be the Presiden6•k P. ane Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Sewer Main Easement REV. 08/15/16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ,�R /�-�-� �✓ RY PUBLIC FOR IDAHO JESSICA KEITH at: �� t�� NOTARY PUBLIC Commission Expires: STATE OF IDAHO GRANTEE: CITY OF MERIDIAN TTamniy�de r , ayor ,Oc' O U n IDPNO Attest b S ou-, A l , FR Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) >: Uj J -SX ✓ of IN On this day ofSbakm ; 20-k, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and-GC--17.1'1r-1L bFis Jvqy�� known to me to be the Mayor and �C`, resiectVely, o%e of Meridian, Idaho, and who executed the within instrument, an` c chow%dge'clto rr t at 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. • y • s. Sewer Main Easeml%Q.� L' ,• tlj'g$U - ��• NOTARY PUBLIC FOR IDAHO Residing at: (b L-A (!1i`et V) r e REV. 08/15/16 1s.7:In 1.3 a W Descriptions of utility easements Verraso Village 2 Envision Idaho LLC Page 1 of 2 Pages North Utility Easement A 5 foot wide easement for public utilities located in Lots 11, 12 and 13. Block 1 of the Una Mas Subdivision, being located in Government Lot 4 of Section 4, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the northwest comer of said Section 4; thence, N.89"35'23"E., 830.94 feet along the north line of said section; thence, S.00`00'06"E., 762.42 feet along the west line of said Una Mas Subdivision to the northwest corner of Verraso Village 2; thence, N.89°55'45"E., 20.00 feet along the north line of said Verraso Village; thence, S.00°00'06"E., 24.34 feet to the POINT OF BEGINNING; thence, N.89"58'24"E., 402.75 feet to the west line of a 20 foot wide easement along N. Records Ave; thence, S.00"00109"E., 5.00 feet along said west line; thence, S.89"58'24"W., 402.75 feet to the east line of a 20 foot wide emergency access easement; thence, N.00°00'06"W., 5.00 feet along said east line to the POINT OF BEGINNING, said easement containing 2014 square feet or 0.046 acres, more or less. South Utility Easement A 5 foot wide easement for public utilities located in Lots 14, 15, 16 and 17. Block 1 of the Una Mas Subdivision, being located in Government Lot 4 of Section 4, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the northwest comer of said Section 4; thence, N.89"35'23 "E., 830.94 feet along the north line of said section; thence, S.00°00'06"E., 762.42 feet along the west line of said Una Mas Subdivision to the northwest corner of Verraso Village 2; thence, S.00°00'06" E., 241.64 feet along said west line of said subdivision; thence, N.89°59'51 "E., 20.00 feet along the north line of a 15 foot wide access easement called Modelo Lane; thence, N.00°00'06"W., 2.33 feet to the POINT OF BEGINNING; thence, N.00"00'06"W., 5.00 feet along the east line of a 20 foot wide emergency access easement; thence, N.89°58'24"E., 402.75 feet to the west line of a 20 foot wide easement along N. Records Ave; thence, S.00`00'09"E., 5.00 feet along said west line; thence, S.89"58'24"W., 402.75 feet to the POINT OF BEGINNING, said easement containing 2014 square feet or 0.046 acres, more or less. Continued on Page 2 Descriptions of utility easements Verraso Village 2 Envision Idaho LLC Page 2 of 2 Pages West Utilities & Emergency Access Easement The west 20 feet of Verraso Village 2, located in Lots 11 and 17, Block 1 of the Una Mas Subdivision being located in Government Lot 4 of Section 4, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the northwest corner of said Section 4; thence, N.89°35'23"E., 830.94 feet along the north line of said section; thence, S.00°00'06"E., 762.42 feet along the west line of said Una Mas Subdivision to the northwest corner of Verraso Village 2 and the POINT OF BEGINNING; thence, N.89"55'45"E., 20.00 feet along the north line of said Verraso Village 2; thence, 5.00°00'06"E., 241.67 feet to the north line of a 15 foot wide access easement called Modelo Lane; thence 5.89"59'51 "W., 20.00 feet along said north line of Modelo Lane; thence, N.00"00'006W., 241.64 feet along the west line of said Verraso Village 2 to the POINT OF BEGINNING, said easement containing 4833 square feet or 0.111 acres, more or less East Public Utilities, Irrigation, Drainage & Access Easement The east 20 feet of Verraso Village 2, located in lots 13 and 14, Block 1 of the Una Mas Subdivision, being that certain easement described in Instrument No. 108084462 as shown on the official plat for said subdivision, said easement located in Government Lot 4 of Section 4, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the northwest corner of said Section 4; thence, N.89°35'23"E., 830.94 feet along the north line of said section; thence, 5.00"00'06"E., 762.42 feet along the west line of said Una Mas Subdivision to the northwest corner of Verraso Village 2; thence, N.89"55'45"E., 442.75 feet along the north line of said Verraso Village 2 to the northeast corner of said Verraso Village 2 and the POINT OF BEGINNING; thence, S.00°00'09'E., 257.17 feet along the east line of said Verraso Village, being the west line of N. Records Avenue to the southeast corner of said Verraso Village; thence, S.89°59'51"W., 20.00 feet along the south line of said Verraso Village (centerline of Modelo Lane); thence, N.00°00'09"W., 257.17 feet along a line parallel with and 20 feet west of said east subdivision line to a point in the north line of said Verraso Village 2; thence, N.89°55'45"E., 20.00 feet along said north line to the POINT OF BEGINNING, said easement containing 5143 square feet or 0.118 acres, more or less. Prepared by: John S. Austin, Idaho PLS 5081 m U) Q J :2 J a U Z Q Z O Y Z J O m 6r) > j w E-1 �cf) �o J x U) W ~ Z W N Lu W U Q W J J oD mm a Of Of W N RECORDS AVE S00°00'09"E 257.17' PUBLIC UTILITIES, IRRIGATION, DRAINAGE & ACCESS _EASE. 257.15' � I I Q) -�II J LI) oll F-- -4 I � II II wllll I bi U) V NII II w II UJ � �I 00 I o II I v I II Ln Lo I II I h N NN 0 0� Li C� vl z z } �2 p 111 }� M m > Z :2W Lu a0011W W=) > Z JL \w a�� wl III cn Uw Z = ao M O O o m mel o Li WZ l WIII� } Z m = 111 wIII Z wcn m Z :2W Lu a0011W W=) N In O JL \w EL wl III cn Ln L w Ni z e W II�� IIII III] ]11j11 w O ILn I IU "'I Q a Q U m" 0 - Lo Lo 1.67' �J _ 20' WIDE. UTILITIES & EMERGENCY ACCESS EASE. O N N 15' 15' O'00'0eE N00'00'06"W 256.64' 762.42' o H } Z m = 111 U W 0:� p Z :2W Lu W=) N In O JL \w EL O N N 15' 15' O'00'0eE N00'00'06"W 256.64' 762.42' o Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Shallow Creek Subdivision Sanitary Sewer and Water Main Easement between the City of Meridian and BCS Properties LLC within Shallow Creek Subdivision MEETING NOTES U APF80VED 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 2016-087110 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/14/2016 04:11 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thislLit day of &* 20,& between r v leF i t C the parties of the first part, and hereinafter called the GRANTORS, and the Cit o eridian, 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, service and subsequently connect to 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 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, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted 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. GRANT President o� IV4,A. Secretary 4 �%r% S Lr/cc: i� 1 lei Jai Sc Zcf °u37p�( Address STATE OF IDAHO ) : ss. County of Ada ) On this St day of , 20 L(o , before me, the undersigned, a Notary Public in and for said State, personally appeared��c Aco � and , known or identified to me to be the -President and Secretary, respectively, 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 first above written. r", wwU 104 //,',/ L... rG ,�,OTARy `y pUBL1G Sanitary Sewera7l6AAt;je1k%ain Easement Residing at: Commission Expires: EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN i Tammy de by. .. , *�erkJ A Approved By City Council On: q STATE OF IDAHO, ) : ss County of Ada ) 'SED AUGUST QO � VIP,RIDIAN'`' IDAHO j SEAL Y �Y On this day of 5-C�X11 '' , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd andW11 to me to be the Mayor and Eifiy� o�ectiv��,��n�o� the City of Merid7i2.,c'Varo, an who executed the within rostrum ra,' and acknowledged o me t�iat 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. 10 *008260 a* (SEAL).•'C►'• • o ; 1 y ; tv • 1�C�t C�,ltie� L 4W L NOTARYPUB FOR {DAHO �� Residing at: ,GI. �nl �% Commission Expires: —�R:2^ L=R-- Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe EXHIBIT A CITY OF MERIDIAN PUBLIC WATER & SEWER EASEMENT LEGAL DESCRIPTION A utility easement located in the NW1/4 of the NW 1/4 of Section 17, T.3N.,R.1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said Section 17 from which the N1/4 corner of said section bears North 89°31'58" East, 2645.89 feet; thence along the West boundary line of said Section 17 South 00°00'00" East, 479.96 feet; thence leaving said centerline North 89°31'58" East, 48.00 feet; thence North 00°02'41" East, 77.06 feet; thence North 90°00'00" East, 20.00 feet to the REAL POINT OF BEGINNING; thence North 00°00'00" West, 31.26 feet; thence North 03°26'00" East, 40.44 feet; thence 78.34 feet along the arc of a non -tangent curve to the right, said curve having a radius of 2,531.50 feet, a central angle of 01'46'23" and a long chord of 78.34 feet which bears North 85°06'04" East; thence North 00°31'11" West, 153.15 feet; thence South 89044'16" East, 16.79 feet; thence South 62°42'15" East, 47.33 feet; thence South 82°11'59" East, 20.57 feet; thence South 00°31'11" East, 116.27 feet; thence 77.77 feet along the arc of a non -tangent curve to the right, said curve having a radius of 2,539.50 feet, a central angle of 01 045'16" and a long chord of 77.76 feet which bears North 88°39'37" East; thence North 89°32'15" East, 199.78 feet; thence 28.27 feet along the are of a curve to the right, said curve having a radius of 18.00 feet, a central angle of 90°00'00" and a long chord of 25.46 feet which bears South 45°27'45" East; thence South 00°27'45" East, 137.40 feet; thence North 89°32'15" East, 80.67 feet; thence South 00°48'48" East, 44.00 feet; thence South 01'45'39" East, 8.00 feet; thence South 89°32'15" West, 210.80 feet; thence North 00°00'00" East, 52.00 feet; thence North 89°32'15" East, 50.26 feet; thence North 00°27'45" West, 56.40 feet; thence 31.42 feet along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord of 28.28 feet which bears North 45027'45" West; thence South 89032'15" West, 118.78 feet; thence 238.22 feet along the arc of a curve to the left, said curve having a radius of 2460.50 feet, a central angle of 05°32'50" and a long chord of 238.12 feet which bears South 86°45'50" West to the REAL POINT OF BEGINNING. 7 8 E. FRANKLIN RD. N89°31'58"E 2645.89' 1/4 8 -- - - --- --- --- �17 1817 EXHIBIT B cn R C4 _ Imi=n:1111102 �s - c1 LINE BEARING DISTANCE L1 N 89'31'58" E 48.00' L2 N 00'02'41" E 77.06' L3 N 90'00'00" E 20.00' L4 N 89'32'15" E 118.78' L5 5 00'27'45" E 56.40' L6 S 89'32'15" W 50.26' L7 S 00'00'00" E 52.00' L8 N 89'32'15" E 210.80' L9 N 01'45'39" W 8.00' L10 N 00'48'48" W 44.00' Lit S 89'32'15" W 80.67' L12 N 00'27'45" W 137.40' L13 S 89'32'15" W 199.78' L14 N 00'31'11" W 116.27' L71 -5 -N 82'11'59" W 20.57' Lib N 62'42'15" W 47.33' -71 -7 N 89"44'16" W 16.79' L18 S 00'31'11" E 153.15' L195 03'26'00" W 40.44' Lzo S 00'0000" E 1 31.26' CITY OF MERIDIAN PUBLIC WATER & SEWER EASEMENT SHALLOW CREEK SUBDIVISION A PARCEL OF LAND LOCATED IN THE NW 1/4 OF THE NW 1/4 SECTION 17, 73N., RJE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 I -� - L8 --- I I CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 2460.50' 238.22' 238.12' N 86'45'50" E 5'32'50" C2 20.00' 31.42' 28.28' S 45'27'45" E 90'00'00" C3 2539.50' 77.77' 77.76' S 88039'37" W 1'45'16" C4 2531.50' 78.34' 78.34' S 85'06'04" W 1'46'23" C5 2531.50' 78.34' 78.34' S 85'06'04" W 1'46'23" 7729 CID �zY/�C 0 G), TF F \6Q 1z' CORY G. (I 100 0 50 100 200 SCALE IN FEET 1" = 100' GREGORY G CARTER, PLS 7729 IDAHO SURVEY GROUP 1450 E. WATERTOWER STREET, STE. 130 MERIDIAN, ID 83642 ROCK SOLI® CIVIL Civil Engineering and Land Development Consulting no North nth Street, Boise, Io 63702 Office Phone: 2063423277 uw�nv rnr4cnliArivil mm Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4G PROJECT NUMBER: H-2016-0036 ITEM TITLE: Gibson Amity Property Development Agreement for Gibson Amity Property (H-2016-0036) with CLG, Inc. located near the southeast corner of E. Amity and S. Meridian Roads, in the NW 1/4 of Section 31, Township 3N., Range 1 E MEETING NOTES �✓ ANIROVED 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 2016-087031 BOISE IDAHO Pgs=30 DAWN TRIVOLIS 09/14/2016 02:51 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. CLG, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into thisday of!S,�i-,1'-Yh.1,51C" 2016, by and between City of Meridian, a municipal 3 corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and CLG, Inc., whose address is P. O. Box 395, Meridian, Idaho, 83680, hereinafter called OWNER/ DEVELOPER. 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, Of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning, that the Owner/Developer make a written commitment concerning the use or development of the sulliect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3 of the Unified Development Code {"UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation and zoning of approximately 5.864 acres of land from the RUT zoning district in Ada County to the I -L (Light Industr4il) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the PtAblic hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested pr(,-Iiminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses Of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT — GiBsoN AMITY PROPERTY (H-2016-0036) 1AGE 1 OF, S 1.7 WHEREAS, on the 9"' day of August, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to CLG, Inc., whose address is P.O. Box 395, Meridian, Idaho 83680, the party that own and are developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Light Industrial (I -L) District and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT- GIBBON AMITY PROPERTY (H-2016-0036 PAGE 2 OF 8 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of 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 of the Staff Report which is a part of the Findings of Fact and. Conclusions attached hereto as Exhibit B. c. When the adjacent properties are annexed and redeveloped with compatible uses, the developer shall record a reciprocal cross -access agreement to both western and eastern property lines (Parcel #'s S 1131223012 and S 1131212400) 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 All 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 DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036) PAGE 3 OF 8 with said standards 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. 1. 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036) PAGE 4 OF 8 similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, ID 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036 PAGE 5 OF 8 OWNER/DEVELOPER: CLG, Inc. P. O. Box 395 Meridian, ID 83680 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036) PAGE 6 OF 8 written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERID Q`QO�PZeo AUGUST' B . w Mayor my de Weerd ATTEST: B ID 6 IDANO w a 1R0 V��/�T (Z � A FR ofthe� DEVELOPMENT AGREEMENT — GIBSON AMITY PROPERTY (H-2016-0036) PAGE 7 OF 8 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. EXHIBIT B 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 11wffmijwj'as VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y e Weerd Attest: Gomer _ T\ r Chyof 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 Parks 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: September 13, 2016 ITEM NUMBER: 4H PROJECT NUMBER: H-2016-0055 ITEM TITLE: Bancroft Square Amended Development Agreement for Bancroft Square (MDA -H-2016-0055) with Reginald Jones and Jack Stolfo and Berkeley Building Company located at 27501 S. Eagle road at the southeast corner of S. Eagle Road and E. Easy Jet Drive, in the southwest 1/4 of Section 21, Township 3 North, Range 1 East 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 2016-087114 BOISE IDAHO Pgs=37 HEATHER LUTHER 09/14/2016 04:13 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Reginald Jones and Jack Stolfo, Owners 3. Berkeley Building Company, Developer ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 13 day o 016, (ADDENDUM"), by and between City of , r Meridian, a municipa corporation of the State of Idaho ("CITY'), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Reginald Jones and Jack Stolfo, ('OWNERS"), whose address is PO Box 140077, Garden City, Idaho 83714 and Berkeley Building Company, (DEVELOPEW'), whose address is 2275 S Eagle Rd #185, Meridian, ID 83642. A. CITY and OWNERS and/or DEVELOPER entered into that certain Development Agreement that was recorded on December 2, 2002 in the real property records of Ada County as Instrument No. 102143307 {"DEVELOPMENT AGREEMENT"); B. CITY and OWNERS and/or 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. OWNERS/DEVELOPER shall be bound by the terms of the Development Agreement; however the Development Agreement shall be amended as to the property listed in Exhibit A as follows: Developer shall comply with the updated developmentplan as noted in the Staff, Report which is an Exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit B that includes the following requirements: a. The rear and sides of homes on lots that face or back up to S. Eagle Road and E. Easy Jet Drive, shall incorporate articulation through changes it] materials, color, modulation, and architectural elements (horizontal and vertical) to break up the monotonous wall planes and roof lines. b. If an agreement cannot be Leached with the Sutherland Farm Homemmer's Association (HOA) to allow the subject property to be incorporated into the ADDENDUM TO DEVELOPMENT AGREEMENT -BANCROFT SQUARE, NIDA H 2016-0055 Page lo174 Sutherland Farm HOA, the Owners and Developer 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 VDC 11-3G-3. 2. That Owners and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owners and/or 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 Owners and/or 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 Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owners and/or 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 Owners and/or 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 Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Development Agreement shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - BANCROFT SQUARE, NIDA H2016-0055 Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: "alldJones Jac-ICStolfo DEVELOPER: Berkeley)Bpilding Company By: rm.. CITY OF MERIDIAN LAUGU—,q',,,Mayor Tam e Weerd 0 TTEST. . V. ff/ 1 STATE OF IDAHO ss County of Ada On this3{ day of �2✓ , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and know or identified to me to be the Mayor an resoec�tively o�he . City of Meridian, who ex cut `ch ms%%4n e"� nt�the person that executed the instrumd�g`n'ehalfof said Cify;�� and acknowledged to me that such City executed the same. IN WITN.FyS&%OF, I have hereunto set my hand and axed my official seal the day and year in this certific ��a►fust aiaffixed _ l -t-;5� (SEAL) ; aye NO�`•� Notary Public for daho A'�j Residing at:c Commission expires: ADDENDUM TO MOPAGREEMENT - BANCROFT SQUARE,, MDA H 2016-0055 Page 3 of 4 ••rrrr STATE OF IDAHO ss: County of Ada, On this ,,�L day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Reginal Jones, known or identified tome to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 7EA EIVIECFIEN tary Public,te o9 Idaho STATE OF IDAHO ss: County of Ada, 0&1 Notary Public for Idaho Residing at: �,X� My Commission Expires:gjLy I Onthisday of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Stolfo, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set ;Zmy official seal the day and year in this certificate first above written. (SEAL)r/ �,�aNn��Np,• Public for Idaho GPX Residing at: My Commission Expires: 1107gRr Residing: Boise, Idaho z ,, Commission Expires: 3/29/2022 `�'� VBLIC STATE OF IDAHO ) '•.�9 ••..•.•• �O County of Ada, ) ����������•�'�� On thisr day of +— 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Slfh known or identified to me to be the &Ljl dill of Berkeley Building Company, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my and affixed my official seal the day and year in this certificate first above written. (SEAL) /unu� ••" "•.,, otary Public for o 'p�SS,A...��8.9�'�',,� Residing at: RAeiriing in ROISe, Idaho J,•�OTARMy Commission Expires: My Commi sion Expires 5/24/2017 : —•— c 0 00 't ,'•.pUBLI�'.• . J' . •'• 9TF OF ••''�41RanR�"!!! ADDENDUM TO DEVELOPMENT AGREEMENT - BANCROFr SQuaxE, NIDA H 2016-0055 Page 4 of 4 EXHIBIT A Bancroft Square - MDA H-2016-0055 EXHIBIT A Bancroft Square - MDA H-2016-0055 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 Exhibit B 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 41 4265 3303 3471 3367 3520 3321 34 2 63404 35 86 34 6 8 3552 35 1 5 34 74 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 0453023 3250 2289 2989 3437 3451 2549 3475 4355 3432 3500 3300 3475 3232 28 8 8 3030 3415 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 3035 2361 2431 2440 2350 3650 3307 2680 3499 31 2 1 3330 3360 28 1 6 28 6 0 29 2 0 29 19 28 5 7 2471 2315 3454 2200 2725 29 4 8 29 2 6 28 6 0 3477 3472 2964 34 5 3 28 9 7 28 7 7 33 4 0 3170 3014 291535 4 6 2846 2867 28 38 35 16 2915 35 3 2 2799 35 4 7 35 7 5 35 50 3867 36 8 4 3820 2691 2845 2858 2880 2684 2622 2579 2899 35 9 4 37 0 0 3788 2725 36 74 2662 2721 34 74 3949 2739 34 5 8 2623 2602 2510 4175 4199 4267 2742 2698 2760 2614 4173 2475 4064 2724 2680 2750 2734 4243 2 9 9 1 42 6 0 3037 2592 4083 3041 4231 2524 2628 3 0 0 0 2689 3011 2 9 6 4 2706 2747 2728 2685 2752 25922570 3020 27 85 28 32 3012 28 92 2502 29 17 2587 3030 2 9 9 7 2768 29 3 5 2680 2603 28 50 26 9 1 27 30 2787 26 38 2747 28 98 28 74 28 9327 29 25012570 26 84 28 28 27 9 0 2700 2699 2726 2676 2918 2922 2917 29 9 0 29 6 6 29 2 1 3030 31 6 6 28 98 31 3 4 3455 31 3 3 3471 29 6 3 3466 29 4 4 29 2 2 28 9 6 34 7 1 28 9 7 28 7 6 36 7 3 37 4 5 37 99 2897 29312909 2935 35 3 3 3076 3068 3040 2978 36 1 9 2937 2874 2830 35 6 8 2898 37 4 8 2885 2567 377 2 2658 2618 2644 2695 2706 33 8 1 3 3 9 0 34 8 3 2679 4276 2786 4292 2540 2765 4047 2782 26 9 6 2679 42 2 8 2740 2941 41 9 2 3 0 4 3 2802 306 8 2803 2867 3195 2895 3 2 9 7 2 2900 2 9 5 0 2742 2 9 2 0 2735 2944 2966 2701 2716 2746 3049 2630 2684 2725 2768 3 0 0 7 2681 3 0 2 5 27 8 8 29 10 3 0 1 0 28 9 9 29 15 25 88 27 64 26 8 6 28 49 26 60 26 06 2530 27 6 1 26 3626 9 9 26 37 2521 2537 2629 2673 2700 2 7 5 2 2650 28242817 2680 2721 3 8 2750 2810 29 37 31 0 2 3092 28 7 1 287229 8 9 30 0 4 2967 2860 29 42 3 0 1 5 2 9 6 9 2910 2851 2870 2 7 0 0 313 0 3197 3133 3183 312 13171309 7 31 4 5 31 1 4 4270 2925 2865 4178 2850 3075 3050 3026 2960 3060 3870 2953 2860 3130 2855 3210 3965 3745 3040 3792 2825 3516 3077 2910 3950 3029 36 1 2 34943339 3373 34 3 7 2300 3389 3449 36 1 1 36 3 7 2255 2670 2630 2620 35 1 1 34 7 3 3730 35 1 0 2822 2897 2889 2667 2649 2866 2560 2596 2607 2734 35 4 9 3591 36 2 6 36 14 33 5 7 34 4 0 2727 2711 2537 2756 2549 2654 42 1 2 4151 2574 2626 27204250 4111 2696 2662 4145 4293 39 9 5 2623 39 6 7 26622630 2671 4135 4096 2645 4154 2743 2755 26782683 2633 2710 2626 2960 2686 2 9 9 0 3 0 2 2 28 10 2625 27 0 2 29 3 0 28 71 28 0 926 0 1 28 48 2 5 8 7 27 28 2586 2596 2585 26 9 6 2744 2627 2769 2722 27 46 2658 2788 2575 2677 2563 27652777 31 6 5 30 29 28 9 3 28 7 3 28 7 4 28 7 5 28 72 29 6 5 28 9 4 3280 2 9 4 5 2923 2 9 1 7 2889 3169 2828 3157 3 0 2 7 31 6 0 3 0 5 9 307 1 2848 2922 2988 3025 2910 31 3 8 30 4 4 3020 3250 2264 3885 2520 2590 2820 3199 3395 3317 3655 29 5 5 3443 3345 3331 3201 3352 32 7 1 28 2 5 3498 3412 3460 2930 3140 28 7 8 28 7 5 28 1 12781 3265 3631 3100 3015 36772370 3575 2375 26 602650 3461 3450 35 0 5 34 8 9 3845 3850 2640 3132 36 55 37 63 37 8 1 2921 2902 2848 2827 35 8 6 36 30 37 20 36 38 37 6 8 36 5 6 2640 2712 35 1 5 268035 67 35 79 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 930212963 29 3 6 2709 28 9 6 28 72 28 34 29 18 2767 28 39 2753 2729 28 5 6 28 33 27 98 555 28 7026 5 8 26 85 27 6 0 26 59 2533 27 68 2601 2647 2727 9 2 7 7 0 2699 2698 2743 254 5 29 40 30 05 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 3063 2950 3076 2750 3 0 6 4 2820 3025 2990 3100 32 5 0 3250 3890 2987 3815 3085 L-O L-O 15 RSW C-C RUT RUT RUT R1 R-8 R1 R-4 RUT C-G C-C R-8 R-40 R-8 R-4 RUT RUT S E a g le R d E Victory Rd E Copper Point Dr E FalconDr E Pine Bluff Dr S H o o d R a n c h P l S M il a n A v e E Mackay Dr E Cullen St S B a y S ta r W ay E Falcon Dr S Z im s A v e E Easy Jet Dr S ElRio Dr S H aloPl EShaverCt S N ephrite Way S SlateCreek W a y E ShergarCt S B r a n d s J e welWay E Mackay Dr E Raja Dr SLoftus W a y EGirdner Dr E Raja Dr EHorseCreekSt E Pyrus Ct E Yesternight St S Slat e C re ek Av e S Caleb W a y SBurgdorf W ay E Copper Point Dr E Moon Dipper St S Balthasar W ay S P in e F la ts Ave ESheepCreekSt S K n a p p Ave E D w o r s h ak Dr S M il a n P l SCapulet Way E Shaver Ct S K n a p p A v e E Green Canyon Dr S Groom Way S Teddy Ave S L y fo r d A v e Point St S A f le e t A v e E Hero Dr E Los Altos Dr E Loon Creek St E QuinDr Griffon St S S e la tir P l S Te 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 Proud Way S C o b a lt P o in t W a y e S Tr i st ra m W a y E Indian Creek Dr S G i v e n s W a y GienWay S Pine F la ts W ay S H a lo L n S F la m e A v e S T ita n iu m Pl S JeblaWay S J l a W a y S L e ga l A v e SHillis Pl S Z im s P l STagishPl r S Te 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 Girdner 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 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 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: September 13, 2016 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: CHALLENGER COMPANIES Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the SOUTH BLACK CAT LIFT STATION UPGRADES project for a Not -To -Exceed amount of $380,067.00 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  Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Garrick Nelson Date: 09/07/16 Re: September 13th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 13th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to CHALLEGNER COMPANIES, INC for the SOUTH BLACK CAT LIFT STATION UPGRADES project for a Not-To-Exceed amount of $380,067.00. Recommended Council Action: Award of Bid and Approval of Agreement to CHALLENGER COMPANIES, INC. for the Not-To-Exceed amount of $380,067.00. Thank you for your consideration. City of Meridian Purchasing Dept. C E IDIANt-6�--e Public I Works Department TO: Keith Watts FROM: Garrick Nelson Staff Engineer I DATE: August 30, 2016 Mayor Tammy de Weerd City Council Membersi Keith Bird Joe Borton Lulze Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: SOUTH BLACK CAT LIFT STATION IMPROVEMENTS - CONSTRUCTION CONTRACT WITH CHALLENGER COMPANIES, INC. FOR $380,067.00. I. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer 489-0358 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Background A phasing plan was developed in May 2014 which identified improvements and timing for conveyance systems in the Black Cat sewer shed. A subsequent evaluation was completed in June 2015 which outlined specific improvements to increase pumping capacity and improve screening at the South Black Cat Lift Station. Coarse screening located in the wet well of the South Black Cat Lift Station is no longer sufficient. Objects that pass through the coarse screens have led to an increase in pump clogging that can be labor intensive and expensive to replace or repair. The 2015 evaluation recommended pump upgrades as the preferred alternative to serve primarily into the 18" pressure sewer, and rebuilding two of the existing pumps to continue operation of the 10" pressure sewer. A preliminary engineering report outlining these improvements was submitted and approved by the Idaho Department of Environmental Quality. Page 1 of 2 B. Proposed Protect This project will construct improvements to increase pumping capacity and improve screening at the South Black Cat Lift Station. Components of the project include the installation of two new 50 horsepower pumps with grinders to operate the 18" pressure sewer line, and the relocation of two existing pumps currently operating for the 10" pressure sewer line. Electrical and control systems to accommodate the two larger pumps will be constructed as part of this project. The existing wetwell knock -out wall will be removed for utilization of the new 4th & 5th pump bays. A vault with lid will be constructed outside of the lift station building to accommodate future maintenance of the 18" pressure sewer. Completion of this project will allow the City to commission and operate the 18" pressure sewer line. This upgrade is necessary to provide capacity for additional development within the Black Cat sewer shed. III. IMPACT A. Fiscal Impacts Funding is available in the South Black Cat Lift Station Improvements enhancement for this construction contract. Project Costs: Fiscal Year 2016 Construction Contract Project Funding Fiscal Year Available Funding Total Funding Requested B. Time Constraints Account Code / Codes 3590-96144 $380,067.00 $450,000.00 $380,067.00 Design and construction of this project are both incorporated in the enhancement for FYI 6. Approval of this construction contract in a timely manner will ensure the project remains on schedule. Departmental Approval: Page 2 of 2 #AIA Document A312rM - 2010 PRETIUI 18 FOR THE COilTRACTTERU ArlD 13 8I'B'ECT TO ADJUSTTIEiIT BASEO OI'I FINAL CONTRACT PRICE Pefiormance Bond CoI{IRACIOR (Nane, legal stans and adbess) Challenger Companies, lnc 1415 Madason Ave Nampa, ldaho 83687 SURETY: Nanq legal srdus ord principal plue of busitcst) The Ohio Casualty lnsurance Company 62 Maple Ave Keene. NH 03431 OIYI{ER: (Nane, legal slatul and adbesg City of lreridian 33 E Broadway Ave Meridian, ldaho 83642 cot{srRt gIrc cor{TnAcr Datr: September '13, 2Oi6 Amount: $380,067.00 Description: (Nane and locstion) Bond No. 023-034-011 Ihb dooJrllenl has lrlpoftarn bgEt conacqugrcas, Condrtalioar wttl an sttonEy ls €ocou.aged wll,l rBspod to its co.npleton o. modinca!on. Any tlngular,eGrooce to Cot{rador, Sur€,ty, OMrei or ofier pa(y !h8ll be coBkbred pll.rrl whqr9 apdicsblc. AA Ooo.nEr{ A312-2010 corltr,E! two 6€paEtc bords, a P€ifoariSnce Bord atd a Payfisd Bqd, into orB tom. Thi! b not a 3ingts cofltbhed PsrroEBnce 8rd PayrEr{ Bood. EOND Date: September 13, 2016 (Not eqlior tlun Cor'tslrltclion Corrtr@l Dde) Amount: $380,067.00 Modificstions to lhis Bond: & None COTTIIRACTOR AS PRINCIPAL Company:(Coryorale Seql) ProJecr #0569.E South BIack Cat Lift Station Upgrades tr See Section 16 SURETY Company: The Ohio (Corporale Seal) sura nce ompany -ln-Fact Challenger Com ies, lnc signature Name 64-/oAr Name etKHo and Titlc: PeegtoE^J and Title: (Any additional siguures aplvar on tc last page Perlormonce Bohd) (FOR NFORMATON ONLY - Nane, ad&ess and telephone) AGEI{I or BROIGR. OYNERE REPiESEI{TATM: Allied Bonding (Archilecl, Engineer or other party:) 5605 Overland Rd. Boise, lO 83705 Phone (208) 345-4177 Fax (208) 384-1677 lnll.ll^ DocunIli A3t2E - 2010. Th. Arn dcla tn.titJl! 6a Arcnibcl. 1 rnt] rcAnr}loc 3HT noc al uufi3nq rvllMreulilA 3"r rtiulu? el ollA :lClnq r:)A'l i f. ).) lAl,lt:l ,tcl O3AAf, S I The Contractor and Sulsty, jointly and severally, bind thenselves, their heirs, executoE, administrators, succ6so6 and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated herein by reference. 5 2 Ifthe Contractor perfoms the Construction Contract, the Suety and the Contractor shall have no obligation under this Bond, except when applicable ro parlicipatc in a conference as provided in Section 3. $ 3 lftherc is no Owner Default under the Construction ContBct, the Surety's obligation under this Bood shall arise aft€r .1 the Owner fust provides notice to the Contractor and the Sucty that the Owner is considering declaring a Corltastor D€fault. Such notice shall indicate whether the Owner is rcquesting s confermce among the Owner, Contractor and Su?ty to discuss the Contractor's performance. lfthe Owner does not request a conference, the Surety may, within five (5) business days after rrceipt ofthe Owner's notice, request such a confcrcnce. Ifthe Surcty timcly r€quests a confcrencc, thc Ovmcr shall attend. Unless thc Owner agrees otherwisc, any conferelce requested under this Section 3.1 shall be held \ryilhin tcn (10) business days ofthe Surety's r€ceipt ofthe Own€r's notic€. Ifthe Owner, the Contractor and tbe SurEty agre€, the Contractor shall b€ allowed a reasonable dme to perform Olc Constuction Contract but such an agreement shall not waive the Olyner's righq ifany, subsequently to de€lar€ a Contractor Default; 2 the Owner declar€s a Contractor Default, teminates the Construction Contraat and notifies the Surety; ard .3 the Owner has agreed to pay thc Balanc€ ofthe Contact Pric€ in accordancc with thc trrms ofthc Constuction Contract to the Surety or to a contractor selected to perform th€ Crnstuctiotl ConEact. $ I Failure on the pan ofthe Owner to comply with the notic€ rcquiEment in Section 3, I shall no1 constitute I frilure to camply wilh a conditioo plecodcnt to tho Suety's obligations, or release the Surety from its obligalions, exc€pt to the €xteot the Surety demonstates actual prejudice. $ 5 Whcn the Owner has satisfied the conditions of Section 3, the Supty shall promptly and at Oe Surety's expense takc onc of the following actiom: $ 5.1 An-ange for the Contractor, with the consent ofthe Owner, to perform and complete thc Coostruction Contact; S 5, Und€rtakc io perform and complctc thc Constuction Conu'act itself, through its sgens or indqmdent @ntactoIs; $ 5.3 Obtain bids or negotiated proposals ftom qualified cont'actols acceptable to the Owner for a con!-act for pcrformance and completion ofthe Constuction Contrsct, arange for a cootract to bc prcparcd for exccution by the Owner and a contractor selected with the Owner's concunence, to be s€cued wi$ pcrformanc€ and payment bonds executed by a qualified suety equivalent to the bonds issued on the Construction Contracq and pay to the Owner the smount ofdamages as described in Section 7 in excess ofthe Balaoce ofthc Contract Price incurred by thc Owner as a result ofthe Contractor Defaulq or S 5.4 Waive ils right to perform and complcte, arrange for complction, or obtain a new contractor and with rcasonable prcmptness under the circumstances: .l After investigation, detcrmine the amount for v/hich it may be liable to thc Owller and, as soon as practicable afle! the amount is determine4 make payment to the Owner; orI Deny liability in \vhole or in part and notify the Owner, citing the reasons for denial. S 6 Ifth€ Surcty do€s not proceed as provided in Section 5 with reasonable promptne$, the Sutty shall be deemed to b€ in default on this Bond seven days affer rcc€ipt ofan sdditional written notic€ from the Owncr to the Surety demalding that the Surety perform its obligations under this Bon4 and the Owner shall be entitled to enforc€ any remedy availabte to the Owner. Iflhe Surety proceeds ar pmvided in Section 5.4, and the Owner refus€s the psym€nt or the Surcty has denied liability, in wholc or in part, without further notice the Owner shall bc cntided to enforce any remedy available to lhe owner. 2 lntL AIA Ooc!,n,rtAl12E -2010. Th€ A,lEric.n lnd'ljb.,ArEhir.ct!. S 7 Ifthe Sut€ty elects to act under Section 5.1, 5.2 or 5.3, thcn thc responsibilities ofthe Sur€ty to the Ownfi shall not be grcatcr than those of the Contactor under the Coltstuctior! CooEact, and the re.sponsibilities ofthe Own€r to th€ Swety shall not b€ tre3ter than those of the Owner urdcr thc Construction Contact. Subject to thc commiEncnt by thc Owner to pay thc Balance ofthe Contract Price, the Surety is obligated, without duplication, for.l the responsibilities ofdre Cont'actor for carraction ofdefective work and completion ofthc Constuction ConFacq , additional legal, design profGsional and delay costs resulting Aom the Contactor's Deauh, and resulting llom the actions or failure to acl ofthe Sur€ty under Section 5; and .3 liquidated damages, or ifno liquidated damages arc specified in th€ Construction Contact, actusl damages caus€d by delaycd performanc€ or non-performance ofthe Contractor. 5 8 lflhe Surety elects to act under Sestion 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. S 9 Thc Suety shall not be liable to the Owner or others for obligatiom ofthe Contractor that ar€ un elated to the Cons&uction Contract, ard the Balance ofthe Contracl Price shall not be reduced or s€t offon acaount ofany such uruelatcd obligations. No right of action shall accrue on this Bond to any person or entity other Oran the Owllcr or i$ heirs, exccutors, administrators, succcssoE and assigns. S l0 Thc Sur€ty h€reby waivcs notice ofany change, includilg changes of time, to the Construction Contract or to relatcd sub€olu'acts, purchase orders and other obligatioE. ! 11 Any proceeding, legal or equitable, under this Bond may be instituted in any coun ofcompetentjurisdidion in the Iocation in which the work or pan ofth€ work is located and shall be institut€d within two years affer a d€clararion of Contractor Dcfault or within two yeals after the Contractor ceas€d working or within two y€rs after dlc Sulrty refises or fails to perform its obligations under this Bond, whichever occurs fint. lfthe provisions ofthis Paragraph arc void or prohibited by law, the minimum f,eriod of limitation available to surEties 8s a defense in thejurisdiction of the suit shall be applicable. S 12 Notice to &e SuIety, the Owner or the Contractor shall bc mailed or dclivercd to thc addrcss show[ on thc pagc on which their signature appears. $ 13 When this Bond has been fumished to comply with a statutory or other legal requircmert in the location whcre thc construction was to bc perfomed, any provision in this Bond conflicting with said statutory or legal rcquirement shalt be deemed deleted herefrom and provisions conformiog to such stetutory or olher legd rcquircment shall b€ deemcd incolporated herein. When so fumished, the int€nt is that this Bond shall be constued as a statutory bond and not as a common law bond. S 11 Ddlnltlon! $ l{l Bahncc of the Contrac-t Prlce. The total amount payable by the Owner to the Contactor unds lhe Construction Cont'act rfler all prop€r adjustments hayc bccn made, including allowarcc to the Contractor ofary 8mounts rrc€ivcd or to be rrc€ived by the Owoer in settlement of insuance or othcr claims for damages to which thc ConFactor is cntitled, reduced by all valid and proper payments made to or on b€halfofthe Contnctor under tfic Constsuction ConFact. g 142 Con*uclion Conkact. The agreement between the O\ire, and ConEactor idcntificd oa thc covcr pagc, including all ConFact Documents and changes made to the a$eement and the Cont-act Documents. 0 14,3 Conttdor DG{aulL Failure ofthe Contractor, which has not becn remedied or waive4 to p€rform or othc,rwisc to comply with a material telm ofthe Coostruction Contract. S l4.l OYYtrGr Ddault. Failure ofthe Owner, which has not b€en remedied or waived, to pay the Contrador as required under lhc Constnrction Contract or to perform and complete or comply with the other material telms ofthe Constuction Contract. $ ld5 Contrac-t Documenb, All the documents that comprise the agreemert betwe€n the Owner and Contractor S 15 lfthk Bond is issued for an agreernent between a ConEactor and subcontractor, the term Cootractor in this Bond shall bc dc€med to be Subcontlactor aod the term Owncr shall be deemed to b€ Contractor. 3 lnlL AtA Oocuir,rt A!t2w - 2010, The Anr€rican insliEE of tuchit ct . s16 Signature: Namc and Titlc: Addrcss ro this bond are as follows: (SWe is roided below /or addilional signolures of added Wties, otltr than those qpearing on ttp cover page.) COI{IRA TOR AS PRIIiICIPAL SURETYCompany: (Corporate Seal) Company: (Cotporare Seal) Signature; Name and Titl€: Address CAUTIO : You thould llgn an o.lglnal AIA Cont'rct Oocument, or whlch thB tgxt appg.E ln RED. An orlglml alaurr. thrt chlngoa wlll not ba obgcured. lnlt AIA lroqm.nt Arl2r - 20t0. Th. Amricrn rnrtihrb ol am r..ti" 4 None *AIA Document A312TM - 2010 Payment Bond COI{TRAGTOR: (None, legal taus and ad&ess) Challenger Companies, lnc 1415 Madison Ave Nampa, ldaho 83687 Ol{NER: (Norc, lcgal status and address) City of Meridian 33 E Broadway Ave Meradian, ldaho 83642 CO STRUGTPN CONTRASI Date: September 13 2016 tr1asum; $380,067.00 Dcscripion: Nane and location) SURETY: (Nane, legal status and pr rcipl plue of bushess) The Ohio Casualty lnsurance Company 62 Maple Ave Keene, NH 03431 Bond No. 023-034-011 This doo,Ipnl ha! inpodsnt l€96l coilcquencgs. Coa!8rrtalion with an attom€y E enco{rrag€d wiih rslP€d to ir cofiDletlon o. modlllcaton. A,V ELEular reftr€oco to ConarEctor, Srely. O,nEr or o0|er party 8tlall b€ co(lrfibrld plLral rtnq! .ppllcabb. AlA Doori6it A312-2010 cornblrE6 turo !€psrsta bords, 8 P€.bnarEe Bo.d and a Psytrad Bood, i.to oaE hrm. nlb b not I Elngle coc$ln€d Pertodianca snd Pgynl.rt 8oad.Project #0569.E South Black Cat Lift Station Upgrades BOID Datc: September 13, 2016 (No, eolbr an Constn ction Con ract Dqls) Amount $380,067.00 Modifications to this Bond: E Nonc CO'{TNAfiOR AS PRINCIPAL Company: Challenger Compa ,lnc tr See Section l8 SURETY (CorporuESeal) Company: The Ohio C lnsuran Company (Corporare Seal) n Name _j/AJo, Signature: Name KHo s, Attorney-ln-Facta dTitle: Pe,tst O E pr and Titlc: (Ant additional signatures appeat on e last page oft.Paynenl Bo^d) (FOR INFORMAT|ON ONLY - Name, addess and telephone)AGEI{ToIBRO(ER: OIVNER'S REPRESEIIITAITIiE: Allied Bonding (Architecl, Engineer or olher N y:) 5605 Overland Rd. Boise, lD 83705 Phote (2OB) U54177 Fax (2Oq 3A44677 ln[. AIA Ooqltr..t All2tr - 20{0. Th6 AnDric.n lrdltlli. ol A,llit cb- 5 I S I The Contractor and Surety, jointly and severally, bind themselves, their hei6, executors, adminismton, successors and assigns to the Owner to pay for labor, materials and equipmeot furflished for use in the performance ofthc Consauc{iorl Contact, which is incolporated herein by referencc, subject to the following tcrms. $ 2 lfthc Contractor promptly makes payment ofall sums due to Claimnts, and defends, hdqtlldfies and holds harmless the Owner &om claims, demands, liens or suits by any person or entity seeking paymert for labor, mdcrials or e4uipment fimished for use in the performance ofthe Construction Cootract, then the Sutety atrd $e Contractor shall have no obligation urder rhis Bond. S 3 lfthere is no O\,mer Default under the Constuction Contract, fie Surgty's obligdioo to thc Owncr undcr this Bond shall arise after rhe Owner has promptly notified the Contractor alld fte Surety (at thc ad&css describcd in Section 13) of claims, demands, liens or suils agaiNt the Owner or the Owner's pmperty by any peIson or entity s€eking payment for labor, rraterials or equipment fumished for use in the performance ofthe Construction Contact snd tendcrcd defense ofsuch claims, demands, liens or suits to the Co[t'actor and the Surety. $ I When thc Owner has satisfied the conditions in Scaion 3, Oe SurEty shalt promptly and ar the Surcqr's expense defend, indemniry and hold harmless the Owrer against a duly terder€d claim, deman4 lie[ or suit. 0 5 The Sullty's obligarions ro a Claimant under this Bond shall arise afrer the following: S 5.,l Claimants, who do not havc a direct contact with the Contractor,.'l have fumished a written notic€ ofnon-paymenl to the Cont'actor, stating with substantial accurac7 the amount claimed and the name ofthe party to whom the materials were, or equipment was, fumished or supplied or for whom the labor was done or performed, within ninety (90) days aftcr having last performed labor or last fumished materials or equipment included in fhe Claim; and 2 have sent a Claim to the Surety (at the address describ€d in S€ction l3). ! 52 Claimans, who are employcd by or have a direct contract with the Contractor, have s€nt a Claim to the SurEty (at the address desqibed in Section l3). $ 0 Ifa notice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contactor, that is sufficient to satisry a Claimant's obligation ro fumish a written notice ofnon-payment under Secrion 5.1.1. S 7 When a Claimart has satisfied the conditions ofSections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: $ 7,1 Scnd an answer to rhe Claimant, with a copy to the OPne!, wirhin sixty (60) days aier receip ofthe Claim, stating the amounts lhat are undisputed aod the basis for challenging any amourts that ar€ disp8ed; and ! 72 Pay or arrange for payment ofany undisputed amounts. ! 7.3 Thc Sulety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall 'tot be deemed to coostitule a waiver ofdefenses the Surety or Con6actor may have or acquire as to a Claim, exc€pt as to undisputcd amounts for which the Su.-ety and Claimant have reached agreemelt. If, hov/cver, the SuIcty fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemniry the Claimart for the rcasonablc anomcy's fe€s lhe Clsimant incurs thereafter to recover any sums found to be due and owing to the Ctaimant, 0 E Thc Suety's total obligation shall nol exce.ed the amount ofthis Bond, plus the amount ofEasonable attomcr's fees provided under Section 7.3, and the amount ofthis 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 CoDstruction Contact shall be used for the performance ofthe Coostructioo Contract and to satisry claims, ifany, under any construction performance bond. By the Contraclor fitmishing and the Owner accepting this Bond, they agree that dl filnds eamed by the Contractor in tbe psrfomancr ofthe Construction Contract are dedicated to satisf obligations ofthe Contractor and Surety under this Bond, subjed to the Owner's priority to use rhe firnds for the completion ofthe wort. 6 lnlt AA Do.rrm.nt A3l2n - 2010. The Am6ri..n lnitnd. ot Archit6cr! $ 12 No oit or action shall be commened by a Claimant under this Bond other than in a court ofcompetent jurisdiction in the state in which the pIoject tlEt is the subj€ct ofthe constuction Contract is locatod or after the cxpiration ofone year from the datc (l) on which fie Claimant sent a Claim to the Suftty putsrant to Sectiol 5.1.2 or 5.2, or (2) on which the last labor or servica was performed by anyone or the last marerisls or equipment werc fumished by anyone under the Construction Contract, ,\f,hichcver of(l ) or (2) fust occuB. Ifthc provisions ofthis Paragraph are void or frohibitrd by law,lhe minimum p€riod of limitation available to surrties as a defense ia thejurisdicdon ofthe suit shall be applicable. ! 13 Noticc and Claims 1o the Suety, thc Owner or the Contractor shall be mailed or detivcrcd to thc addrcss shown on lhe page or which their signature 8pp€als. Actual rec€ipt of ootice or Claims, however accoEplishe4 shall bs sufticient compliance as of the dale received. S l4 When this Bond has been fumished to comply with a statutory or other legal requiremcnt in the location whc6 the construction was to be performed, any provision in this Bond conflictiog with said statutory or legal requircmcnt shall be deemed deleted helefiom and provisions conforming to such statutory or other legal requirement shall be dc€med incorporated herein. When so fumishcd, the inrent is that lhis Bond shall be construed as a statutory bond and not as a common law bond. $ 15 Upon reguest by any pelsor or entity appearing to be a potential beneficiary ofthis Bond, the Contactor and Owncr shall promptty fumish a copy ofthis Bond or shall permit a copy ro be made. S l0 Mni0om $ t6.l Cleim. A wdtten statemcnt by the Claimant includirg at a minimum: ,l thc name of the Claimant; 2 the name of the person for whom the labor was done, or materials or equignent fumished;,3 a copy ofthe ageem€nt or purchase order pusuant to which labor, materials or equipme* was firndshed for use in thc performance ofthe ConsEuction Contract;.{ 8 briefdesc ption ofthe labor, materials or equipment fumished;.5 the date on which thc Claimant last performed labor or last fumished materials or cquipmcnt for usc in the perfcrmance ofthe Conskuction Contract;.6 lhe total amounr eamed by the Claimant for labor, materials or equipment fumished as ofthe date of the Claim; .? the total amount ofprevious payments received by the Claimanq and.8 the total 3:rount due and unpaid to the Claimant for labor, materials or equipment fi.mishcd as of the date of the Claim. ! 162 Clrlmant An indi./:Cual or entity havirg a dired contract with the Contractor or with a subcontractor ofthc Contractor to furnish lacor, mate als or equipment for use in the performance ofthe Construction Contr8ct. The teIm Claima also includes an)' individual or eltity that has rightfully assened a claim unde[ an applicable mechanic,s lien or similat slatute agains: ihe real property upon which the Projea is located. The intent ofthi! Bond shall be to include without Iimitallcr ir1 the terms "labor, materials or equipmenf' th8t pan ofwater, gas, power, light, lEat, oil, gasoline, t€l@hon€ service or renta-l equipment used in the ConstuctioD Contlact, archit€ctural and cnginccring services rcquired for perloiirance ofthe wort ofthe Contractor and the Contractor's subcontracion, 8nd all odler items for which a mechanic's lien may be asserted in thejurisdiction where the labor, materials or equipmed werc funished. ! 18.3 Cotu&ttdion Contract. The agreemert between the Owner and Contractor identified on the cover p8ge, including all contract Documents and all changes nade to the agreement and th€ contact Documents. 7 lnil Al OoclmfitASl2 - 2OlO. Thd Amsncan lnsriub 6f ArEniEc!.. 0 10 The SuEty shall not be liable to the O\xner, Claimants or others for obligations ofthe Contraclor that are ufi€lated !o the Constluction Contract. The Owner shall not be liable for the payment ofany costs or expenses ofany Claimant under this Bond, and shall have under this Bond rto obligation to make payments to, or give notic€ on behalf of, Claimalts or otherwise have any obligations to Claimants under this Bond. S ll The Suety hereby waives rtotice ofany change, including chalges oftime, to the Constsuction Contact or to r"lated subcontracts, purchase orders and other obligations. $ 16.,l fimlt Ddaull Failure ofthe Owner, which has not b€en rcrnedied or waivc4 to psy ttc Contractor as rrqufurd undlr ftr ColsEuction Contract or to perform and complete or coEply with thc other material t€rms ofthe Constnrc_tion Conlract- S 1C.5 Codffi Doamcntt All the doo.lmGnts lhd compriso the ag€€rtr€nt bctrcen the Owner and Contractor. 0 t7 lfeis BoDd is issued for ar agr€ement betwcsn a Contractor aad $bcontracior, ihe term C@tractor h this B6d shall bc dcemed to be Subcontraclor and the fcrm O\ rler shall bc dcsmcd to bc Contrrotor. $ lt Modificstions to this bond atE as follows: None (8pe is pwidod below for additioral rigratues d aded pettuN, otlgr thot ,hose ryeow on tlg covet We) C(XIRACIOR AS PRII{CIPAL SUNETYCompeny: (Cwporqre Seal) Conpany: (Corryde Seat) Sig[dre: Nsmc rnd Title: Addrcss Signanu€: Name and Title: Address CArTlOa{: Y-ou .hould .lgn rn otlglnal AIA Cont"sl Doculrrnt on s'hlch thb taEt aprE r h REO. A, orlell!.l Eaua6 lhatchtEE ulll roi bc obacuEd. lr{t AIA Ooa{rrlaaiAllr -1fi0.7h. Anslcar lndtlb aa^rdita.ir. 8 I THIS POWER OF ATTORNEY IS NOT VALIO UNLESS IT IS PRINTEO ON RED BACKGROUND. Thi3 Por&( ot Attorney limits the acts of th6e named horein, afld they hav€ no authority lo bind the Company except in the manner and to the extent herein steted. Certific€le No 7443243 American Fire and Casuatty Company Liberty Mutual lnsurance Company The Ohio Casualty lnsuranc€ Company West American lnsurance Company POWER OFATTORNEY KNOWN ALL PERSONS BYTHESE PRESENTS: That Americao Fire & Casualty Company and The ohio Casualty lnsurance Company are corporations d!lyorgan zed underthe laws of and appoint,Janet K. Holthaus; Jennifer Greenrood; Karyl A. Bichler allot the city of _EgEg_, slate of ]q_ eadl individually if there be more lhan one named, ils true and lar trl allorney'injacl to make, execule, seal, acknMedge be as binding upon the Companies as iI they have been duly signed by lhe presidenl and attested by the secrekry of the Companies in lheir own proper peBons. lN WITNESS WHEREOF, has Power ofAttomey has been subsmbed by an authorized officer or official of lhe Companies and the coeorale seals of he Companies have been affixed thereto lhisjlh day of Augusl Wesl erican Insurance Company Ay oavid M. Ca ssislanl Secretary 2016 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY SS On lhis -!!L day of Augusl , _?!]1, before me perso0ally appearcd oavid M. Carey, who acknowledged himself to be the Assislant Sec,etary of Amencan Fire and Casualty Company, Uberty Mufuallnsurance Company,lhe ohio Casually lnsurance Company, and West American lnsurance Company, and thathe, as such, being aulhorized so todo, execute lhe foregoing inslrument fo. the purposes therein contained by signing on behalfoftie corporations by himselfas a duly authonzed officer. lN WTTNESS WHEREoF. lhave hereunto subscribed name and amxed my notara sealat Pymoulh l\,4eel ng, Pennsylvania, on lhe day and yearfi6tabove wrrtlen Nota.iar S€ar T6r6sa Pasr€lla Notary Publlc Plymoult Twp , Monlgomary Couflty My Commission Exptres M..d128.2017 D;^ /-fi//.COMMONWEALTH OF PENNSYLVANIA Membs. Pen.siva.'a Ass@rai'o. o{ Notanes Teresa Paslella, Nolary Public 20 Gregory W. Davenpo(, Assistanl Secretary This Power of Attomey is made and execuled pursuanltoari by aulhority of lhe folloltl/ing By-laws and Authonzations ofAmencan Fire and Casualty Company, The Ohio Casually lnsurance Company, Liberty Mufual lnsurance Company, and Wesl Arnedc€n lnsurance Company which resolutions are now in full force and effect rcading as follows: the provisions ofthis arlicle may be revoked atany lime by the Board, the Chairman, the President or by the officer or omcers granting such power or authority. executed such inslruments shall be as binding as if signed by the presidenl and altested by lhe secretary obligatioos. Company, wherever appearing upon a cerlified copy ofany power of allomey issued by the Company in conneclion wih surty bonds, shall be valid and binding upon the Company with the same force and efiect as lhough manually aflixed. Companies, is in full force and effect and has not been revoked. ll{ IESImONY WHEREOF, lhave hereunto set my haod and affixed he seals of said Companies this .3o a*or Nu<r,.-r5t 3_ l rl, v r9t21906 o o o ,6 a o =orJF-aauJ =EocL <d, b+ oc =ooco-k -COso)oc bEpi EP e9!ol_@ .=..t Eo9Oo oPFe ooo .G EE EE)OO :3:(!b> EE EE dio6sCG Oe ED(,)6q, .96 bE or! tt >r =onrt>o o=zo f r906 3 t9t2i LMS 2A 2 ol 100 1991 Amerjcan Fire and Casualty Company The Ohio Casually lnsurance Company Liberly l\,4utual lnsurance Company By: .,42&.*-r919 BID RESULTS BID NAME: SOUTH BLACK CAT LIFT STATION UPGRADES DUE DATE & TIME: AUGUST 25, 2016 2:30 Si g n e d Ad d e n d u m 1 Bi d B o n d Li c # Su b s x x x x x x x x x x Star Construction x x x x x Attest: Amie Rose BID ALTERNATE CBID ALTERNATE B BID NUMBER: PW-1651-0596.E 379,376.00 187,088.00 89,226.00 VENDOR Challenger Companies Cascade Enterprises $287,417.00 152,304.00 92,650 BID AMOUNT 169,338.00336,467.00 9,343.00 Opened by: Karen Wooddell BID ALTERNATE D 36,788.00 54,510.00 56,900.00 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Kathy 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2015 Through 9/30/2016 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96144 Lift Station construction 0596 Black Cat Pressure Sewer 452,621.30 0.00 452,621.30 100.00% 0596.a South Black Cat Pressure Sewer Commissioning Design 2,557.46 2,557.46 0.00 0.00% 0596.b South Black Cat Pressure Sewer Commissioning - Construction 35,114.32 35,114.32 0.00 0.00% 0596.d South Black Cat Lift Station Improvements - Design 67,116.00 67,116.00 0.00 0.00% Total Capital Outlay 557,409.08 104,787.78 452,621.30 81.20% DEPT EXPENDITURES 557,409.08 104,787.78 452,621.30 81.20% TOTAL EXPENDITURES 557,409.08 104,787.78 452,621.30 81.20% Date: 8/25/16 03:22:14 PM Page: 1 eTRAKiT Home I Setup an Account I Log In Licensee v Username Password LOGIN ❑ 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 P Search Again Download Results Printable View Company Name I License Number Work Category[sj Challenger Companies, Inc, PWC -C-12879 00001, 02310, 05090, 06200, 07700. 13800, 15100, 15400, 15510, 15700 16000 First Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-12879 Lic Info Registration #: PWC -C-12879 Issue: 3/31/2016 Expire: 3131/20117 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Challenger Companies, Inc. Phone: (208)461-0608 Cell: (208) 859-9003 Pager: Fax: (208)461-0650 Owner Name: The Division of Budding Safety, makes every effort to produce and publish the most current and accurate information possible No warranties expressed or implied are provided for the data herein its use or its interpretation Utilization of this website indicates understanding and acceptance of this siatemert 1-800-955.3044, 1090 E Watertower St. Suite 150 Mandan D83642 HOME I CONTACT httDs:Hweb.dbs.idaho-gov/etrakit3/Custom/Idaho PublicWorksSearchRslts.aspx 8130/2016 Linked Activities: 1 Sub AEC Record(s) HVC-C-4609 HVAC 1415 Madison Ave ELE-C-4512 ELECTRICAL 1415 Madison Ave PLB-C-12223 PLUMBING 1415 Madison Ave The Division of Budding Safety, makes every effort to produce and publish the most current and accurate information possible No warranties expressed or implied are provided for the data herein its use or its interpretation Utilization of this website indicates understanding and acceptance of this siatemert 1-800-955.3044, 1090 E Watertower St. Suite 150 Mandan D83642 HOME I CONTACT httDs:Hweb.dbs.idaho-gov/etrakit3/Custom/Idaho PublicWorksSearchRslts.aspx 8130/2016 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 CHALLENGER COMPANIES. INC. ] [ Monitor CHALLENGER COMPANIES IN a iness filin ] CHALLENGER COMPANIES, INC. 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 Original Filing: [ Help Me PrinyView 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 fgrmat) COMPANIES, INC. Annual Reports: [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View DocumentOnline Report for year 2014 ANNUAL REPORT Vigw 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 httns://www.accessidaho.ora/Dublic/sos/corn/C 120510.html 8/30/2016 CONTRACT FOR PUBLIC WORKS CONSTRUCTION SOUTH BLACK CAT LIFT STATION UPGRADES PROJECT # 0569.E THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 13th day of September, 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 83687 and whose Public Works Contractor License # is PWC - C -12879. INTRODUCTION Whereas, the City has a need for services involving Lift Station Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, SOUTH BLACK CAT LIFT STATION UPGRADES page 1 of 13 Project 0596.E 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 $380,067.00. 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. SOUTH BLACK CAT LIFT STATION UPGRADES page 2 of 13 Project 0596.E 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. SOUTH BLACK CAT LIFT STATION UPGRADES page 3 of 13 Project 0596.E 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. SOUTH BLACK CAT LIFT STATION UPGRADES page 4 of 13 Project 0596.E 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throuahout the term of this Aareement, 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 SOUTH BLACK CAT LIFT STATION UPGRADES page 5 of 13 Project 0596.E 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 SOUTH BLACK CAT LIFT STATION UPGRADES page 6 of 13 Project 0596.E 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.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, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or SOUTH BLACK CAT LIFT STATION UPGRADES page 7 of 13 Project 0596.E 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 orthe opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this SOUTH BLACK CAT LIFT STATION UPGRADES page 8 of 13 Project 0596.E 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. SOUTH BLACK CAT LIFT STATION UPGRADES page 9 of 13 Project 0596.E 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: Jason Wright, President 33 E Broadway Ave 1415 Madison Ave Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-0608 Email: Jason@challengercompanies.com Idaho Public Works License #PWC -C-12879 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CHALLENGER COMPANIES, INC BY: BY: TAMMY de KAYO J RIGHT,'PENT r �r Dated: c / 13J L� -- SOUTH BLACK CAT LIFT STATION UPGRADES Project 0596.E Dated: o/ --3 1 - 16 page 10 of 13 /agApproved by Council: lus opo 00 Atte s E IDIAN�`- p > C_ 2!- ' y o t�l Cca"J Purchasin Approval � -fth.T BY: KEITHVVATTS, Pur/chasing Manager Dated:: q/ 7/ A, Project Manager Garrick Nelson WARREN WA REN STEWA ,Engineering Manager Dated:: q1740 SOUTH BLACK CAT LIFT STATION UPGRADES page 11 of 13 Project 0596.E EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1651-0596.E ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1651-0596.E, 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: • TECHNICAL SPECIFICATIONS AND PLANS NAME BY J -U -B Engineers, Inc. dated July 16, 2016 (198 of pages) SOUTH BLACK CAT LIFT STATION UPGRADES page 12 of 13 Project 0596.E Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $380,067.00. 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 SOUTH BLACK CAT LIFT STATION UPGRADES project per IFB PW -1651-0596.E NOT TO EXCEED CONTRACT TOTAL ....................... 380,067.000 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 PI " Item No. Description Ouantit Unit Unit Price 01025.1.4 Mobilization / Demobilization 1 LS $9,219.00 01025.1.5 Mechanical Upgrade 1 LS $103,040.00 01025.1.6 Electrical Upgrade 1 LS $64,200.00 01025.1.7 Sewage Pumps 2 EA $51,325.00 01025.1.8 Wet Well Modifications 1 LS $8,308.00 ALT. C Cleaning Station 1 LS $92,650.00 SOUTH BLACK CAT LIFT STATION UPGRADES page 13 of 13 Project 0596.E Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4,J PROJECT NUMBER: H-2016-0087 ITEM TITLE: Creason Creek No. 1 Findings of Fact, Conclusions of Law and Decision and Order for Denial for Creason Creek No. 1 (H-2016-0087 Development Agreement Modification) by ULC Management Located Southeast corner of N. Linder Road and W. Ustick Road MEETING NOTES APPROVES 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 A MODIFICATION TO DEVELOPMENT AGREEMENT TO ALLOW THE ISSUANCE OF FOUR (4) BUILDING PERMITS PRIOR TO RECORDATION OF THE FINAL PLAT FOR CREASON CREEK By CS2, LLC APPLICANT. Case No. H-2016-0087 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL C/C 08-23-16 The above entitled request for a modification to the development agreement to allow the issuance of four (4) building permits prior to the recordation of the final plat having come on for public hearing on August 23, 2016, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Josh Beach, Meridian Planning and Zoning Department, and Bob Unger appeared and testified on behalf of ULC Management, LLC, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for development agreement modification was published for two (2) consecutive weeks prior to said public hearings before the City Council scheduled for August 16, 2016, and continued to August 23, 2016, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 1 OF 4 notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on August 23, 2016, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at near the southeast corner of N. Linder Rd. and W. Ustick Road, in the NW V4 of Section 1, Township 3 North, Range 1 West, Meridian, Idaho. 5. CS2, LLC, whose address is 8921 W. Hackamore Drive, Boise, ID 83709, is the current property owner. 6. Bob Unger, ULC Management, LLC, whose address is 6104 N. Gary Lane, Boise, Idaho 83714, is the applicant. 7. The applicant, ULC Management, LLC, has applied for a modification to the existing final plat for the purposes of converting the existing building lot (Lot 4, Block 1) into a common lot and to relocate the proposed pathway out of the Nampa Meridian Irrigation District's Easement and a modification to the development agreement to allow the issuance of four (4) building permits prior to recordation of the final plat. The property which is the subject of this application is within the City of Meridian. 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 shall apply the standards listed in Idaho Code §67-6511 and Sections 11-513-3 and 11-513-6 of the Unified Development Code to review the development modification request. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 2 OF 4 4. That this denial is in accordance with the attached Staff Report for the hearing date of August 23, 2016, incorporated by reference. 5. This denial is based upon the staff, applicant, and public comments received on August 23, 2016 at the public hearing before the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for modification of the development agreement is denied since the proposed modification is not in the best interest of the City at this time. The applicant has failed to provide a compelling reason to modify the development agreement as originally proposed when the project was approved. The applicant's has right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An affected person aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code. _ By action of the City Council at its regular meeting held on the day of September, 2016. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN LUKE CAVENER VOTED COUNCILWOMAN GENESIS MILAM VOTED COUNCILMAN TY PALMER VOTED COUNCILMAN ANN LITTLE ROBERTS VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 3 OF 4 DATED: MOTION: APPROVED: v DISAPPROVED: MAYOR T de WEERD PEED AucusT ATTEST: U�o� ! ,oma DIAN�- IDAN0 W� �J FR of the TFLEP Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By: City Clerk's Office Dated: f� g r I S J `lc� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MODIFICATION OF DEVELOPMENT AGREEMENT. Case No. H-2016-0087 PAGE 4 OF 4 Creason Creek – MDA, MFP H-2016-0087 1 STAFF REPORT HEARING DATE: August 16, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Creason Creek – MDA, MFP H-2016-0087 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bob Unger, requests a modification to the existing final plat for the purposes of converting an existing buildable lot (Lot 4, Block 1) into a common lot and to relocate the proposed pathway out of the Nampa-Meridian Irrigation District’s Easement. The applicant also requests approval of a development agreement modification to allow the issuance of four (4) building permits prior to recordation of the final plat. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the subject applications subject to the modifications listed in Exhibits A.3, A.5 and A.6. The Meridian City Council heard these items on August 16, 2016 and August 23, 2016. At the public hearings, the Council approved the subject MDA and MFP request. a. Summary of City Council Public Hearing: i. In favor: Bob Unger ii. In opposition: None iii. Commenting: Richard Saul iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kevin Fedrizzi, Kyle Radek, Mark Niemeyer, Warren Stewart, Bill Nary and Caleb Hood b. Key Issues of Discussion by Council: i. Distance from proposed lots to existing fire hydrant ii. Timing of water and sewer connections iii. Potential risks to the city in allowing for construction to commence on a piece of property that is not subdivided and does not have defined lot lines. iv. Setting a precedent for allowing early start building permits. v. Are there specific reasons for allowing early start permits in this instance? vi. Who is liable if the structures are built in the wrong place? vii. Potential for allowing the applicant to provide a bond that would indemnify the city if the building were to violate any city ordinance. c. Key Council Changes to Staff Recommendation Creason Creek – MDA, MFP H-2016-0087 2 i. Council denied the request for two (2) early start building permits prior to recording a final plat for Creason Creek Subdivision. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0087 as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0087 as presented during the hearing on August 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0087 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 near the southeast corner of N. Linder Rd. and W. Ustick Rd., in the NW ¼ of Section 1, Township 3N., Range 1W. B. Representative/Applicant: Bob Unger, ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 C. Owner: CS2, LLC 8921 W. Hackamore Drive Boise, ID 83709 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 and final plat 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: July 25 and August 8, 2016 C. Radius notices mailed to properties within 300 feet on: July 21, 2016 D. Applicant posted notice on site by: August 3, 2016 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property currently being developed as a single- family residential subdivision, known as Creason Creek Subdivision No. 1. B. Adjacent Land Use and Zoning: North: County residence and undeveloped vacant property, zoned RUT in Ada County South: Sheri Lynn Subdivision and Meridian Park Subdivision No.1, zoned R-4 Creason Creek – MDA, MFP H-2016-0087 3 East: Southwick Subdivision, zoned R-4 West: County residence and Tumble Creek Subdivision, zoned RUT and R-4 C. History of Previous Actions:  In 2015, the property received approval of Annexation, Preliminary Plat and Alternative Compliance (AZ-15-009, PP-15-014, ALT-15-020,) to develop a residential subdivision consisting of 51 single family residential lots and 8 common lots on approximately 15.75 acres of land.  In 2016, the property received approval of the first phase of the subdivision that consists of 34 single-family residential building lots and 6 common lots on 8.72 acres of land (H-2016-0022). D. Utilities: a) Location of sewer: This development will connect to the existing sanitary sewer main along the west boundary of the development. b) Location of water: This development will connect to existing water mains in the existing stub streets along the east boundary. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Both the Five Mile Creek and the Creason Lateral transverse the subject property. 2. Hazards: A majority of the property is encumbered by the floodway and flood plain and the Five Mile Creek and the Creason Lateral are proposed to remain open waterways. 3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and development of this site must comply with the City’s flood plain ordinance (Title 10, Chapter 6). VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property, recorded as Instrument #2016-019362. This site consists of four legal parcels. The applicant would like to start construction on four houses, one on each parcel. Therefore, the applicant requests a new DA provision be included that would allow the applicant ot obtain approval of four (4) building permits prior to the property being subdivided. Provided that access to the building sites meets the Fire Department’s standards and any other applicable life safety requirements, staff does not object to the applicant commencing construction on these four structures. These structures should be located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of Certificate of Occupancy for these structures, the final plat should be recorded and all improvements completed. DA Modification: Staff is supportive of the requested DA provision as the UDC allows for the approval. C. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time as the plat is recorded and all site improvements are accepted by the City. Additionally, the applicant requests approval to modify the Creason Creek No. 1 final plat to convert Lot 4, Block 1 to a common lot/drainage facility and to relocate the proposed pathway outside of the Nampa-Meridian Irrigation easement. The council approved the final plat with a total of 34 single-family residential lots and 6 common lots. Due to requirements of the Nampa-Meridian Irrigation District (NMID), the applicant has requested to modify the plan and to reduce the number of buildable lots to address NMID’s concerns.The Creason Creek – MDA, MFP H-2016-0087 4 applicant proposes to reduce the number of buildable lots from thirty four (34) to thirty three (33), with the number of common lots remaining the same at six (6). The open space for the subdivision has changed from 0.82 acres of qualified open space that was approved with the previously approved final plat, to 0.90 acres of qualified open space for the proposed final plat. The amenity package for the development will not change. The applicant is proposing a 10-foot multi-use pathway and a dog park as part of this phase of development for the Creason Creek Subdivision. The remaining amenities that were approved as part of the Overall Creason Creek Subdivision will be constructed with a subsequent phase of development. Final Plat Modification: Staff is supportive of the requested changes to the final plat. The requested changes are shown in Exhibits A3 and A5. In order to proceed with the modification as proposed by the applicant, the plat notes must be modified as follows: 1) Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and maintained by the HOA. Staff recommends approval of the development agreement modification and final plat modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Final Plat 3. Proposed Final Plat Modifications 4. Approved Landscape Plan 5. Proposed Landscape Plan 6. Proposed Change to the Development Agreement 7. Proposed Changes to Final Plat Creason Creek – MDA, MFP H-2016-0087 5 Exhibit A.1: Vicinity/Zoning Map Creason Creek – MDA, MFP H-2016-0087 6 Exhibit A.2: Approved Final Plat Creason Creek – MDA, MFP H-2016-0087 7 Affected Lots Creason Creek – MDA, MFP H-2016-0087 8 Exhibit A.3: Proposed Final Plat Modifications Creason Creek – MDA, MFP H-2016-0087 9 Affected Lots Creason Creek – MDA, MFP H-2016-0087 10 Exhibit A.4: Approved Landscape Plan Creason Creek – MDA, MFP H-2016-0087 11 Exhibit A.5: Proposed Landscape Plan Creason Creek – MDA, MFP H-2016-0087 12 Exhibit A.6: Proposed Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit C of this agreement. b. The Owner/Developer shall provide a minimum of 4.56 acres of common open space and the following amenities on as shown on the landscape plan: 5-foot walking paths, a dog park, covered picnic area, playground equipment, a 10-foot multi-use pathway and several pedestrian bridges as proposed. The owner/developer shall provide commercial grade play structure, benches, and picnic tables as part of the development. c. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time as the plat is recorded and all site improvements are accepted by the City. The issuance of these four permits shall be after the satisfactory completion of the following prerequisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. Creason Creek – MDA, MFP H-2016-0087 13 Exhibit A.7: Proposed Changes to Final Plat: 1) Plat Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and maintained by the HOA. 2) Modify condition 5(b) to read as follows: Extend Lot 3, Block 1 to the west boundary of Lot 5, Block 1. The entire lot Lot 4, Block 1 shall be designed to include the 10-foot wide multi-use pathway and landscape standards set forth in UDC 11-3A-8 and UDC 11-3B-12C. The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway route for City Council approval and recordation. 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. Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4K PROJECT NUMBER: H-2016-0087 ITEM TITLE: Creason Creek No. 1 Findings of Fact, Conclusions of Law for Approval for Creason Creek No. 1 (H-2016-0087 Final Plat Modification) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road MEETING NOTES r-��j APPROVELi 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 �jQEI�IDIAN,- �J In the Matter of Final Plat modification to the existing final plat for the purposes of converting an existing buildable lot (Lot 4, Block 1) into a common lot and to relocate the proposed pathway out of the Nampa -Meridian Irrigation District's Easement, located near the southeast corner of N. Linder Rd. and W. Ustick Rd., by ULC Management. Case No(s). H-2016-0087 For the City Council Hearing Date of: August 16 and August 23, 2016 (Findings on September 13, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 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-2016-0087 -I- 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 August 16, 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 final plat modification is hereby approved per the conditions of approval in the attached staff report for the hearing date of August 16, 2016, attached as Exhibit A. 2. The applicant's request for development agreement modification is hereby denied per the conditions of approval in the attached staff report for the hearing date of August 16, 2016, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of August 16, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0087 -2- 44— 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 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 Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: q-1 4 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0087 -3- Creason Creek – MDA, MFP H-2016-0087 1 STAFF REPORT HEARING DATE: August 16, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Creason Creek – MDA, MFP H-2016-0087 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bob Unger, requests a modification to the existing final plat for the purposes of converting an existing buildable lot (Lot 4, Block 1) into a common lot and to relocate the proposed pathway out of the Nampa-Meridian Irrigation District’s Easement. The applicant also requests approval of a development agreement modification to allow the issuance of four (4) building permits prior to recordation of the final plat. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the subject applications subject to the modifications listed in Exhibits A.3, A.5 and A.6. The Meridian City Council heard these items on August 16, 2016 and August 23, 2016. At the public hearings, the Council approved the subject MDA and MFP request. a. Summary of City Council Public Hearing: i. In favor: Bob Unger ii. In opposition: None iii. Commenting: Richard Saul iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kevin Fedrizzi, Kyle Radek, Mark Niemeyer, Warren Stewart, Bill Nary and Caleb Hood b. Key Issues of Discussion by Council: i. Distance from proposed lots to existing fire hydrant ii. Timing of water and sewer connections iii. Potential risks to the city in allowing for construction to commence on a piece of property that is not subdivided and does not have defined lot lines. iv. Setting a precedent for allowing early start building permits. v. Are there specific reasons for allowing early start permits in this instance? vi. Who is liable if the structures are built in the wrong place? vii. Potential for allowing the applicant to provide a bond that would indemnify the city if the building were to violate any city ordinance. c. Key Council Changes to Staff Recommendation Creason Creek – MDA, MFP H-2016-0087 2 i. Council denied the request for two (2) early start building permits prior to recording a final plat for Creason Creek Subdivision. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0087 as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0087 as presented during the hearing on August 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0087 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 near the southeast corner of N. Linder Rd. and W. Ustick Rd., in the NW ¼ of Section 1, Township 3N., Range 1W. B. Representative/Applicant: Bob Unger, ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 C. Owner: CS2, LLC 8921 W. Hackamore Drive Boise, ID 83709 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 and final plat 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: July 25 and August 8, 2016 C. Radius notices mailed to properties within 300 feet on: July 21, 2016 D. Applicant posted notice on site by: August 3, 2016 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property currently being developed as a single- family residential subdivision, known as Creason Creek Subdivision No. 1. B. Adjacent Land Use and Zoning: North: County residence and undeveloped vacant property, zoned RUT in Ada County South: Sheri Lynn Subdivision and Meridian Park Subdivision No.1, zoned R-4 Creason Creek – MDA, MFP H-2016-0087 3 East: Southwick Subdivision, zoned R-4 West: County residence and Tumble Creek Subdivision, zoned RUT and R-4 C. History of Previous Actions:  In 2015, the property received approval of Annexation, Preliminary Plat and Alternative Compliance (AZ-15-009, PP-15-014, ALT-15-020,) to develop a residential subdivision consisting of 51 single family residential lots and 8 common lots on approximately 15.75 acres of land.  In 2016, the property received approval of the first phase of the subdivision that consists of 34 single-family residential building lots and 6 common lots on 8.72 acres of land (H-2016-0022). D. Utilities: a) Location of sewer: This development will connect to the existing sanitary sewer main along the west boundary of the development. b) Location of water: This development will connect to existing water mains in the existing stub streets along the east boundary. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Both the Five Mile Creek and the Creason Lateral transverse the subject property. 2. Hazards: A majority of the property is encumbered by the floodway and flood plain and the Five Mile Creek and the Creason Lateral are proposed to remain open waterways. 3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and development of this site must comply with the City’s flood plain ordinance (Title 10, Chapter 6). VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property, recorded as Instrument #2016-019362. This site consists of four legal parcels. The applicant would like to start construction on four houses, one on each parcel. Therefore, the applicant requests a new DA provision be included that would allow the applicant ot obtain approval of four (4) building permits prior to the property being subdivided. Provided that access to the building sites meets the Fire Department’s standards and any other applicable life safety requirements, staff does not object to the applicant commencing construction on these four structures. These structures should be located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of Certificate of Occupancy for these structures, the final plat should be recorded and all improvements completed. DA Modification: Staff is supportive of the requested DA provision as the UDC allows for the approval. C. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time as the plat is recorded and all site improvements are accepted by the City. Additionally, the applicant requests approval to modify the Creason Creek No. 1 final plat to convert Lot 4, Block 1 to a common lot/drainage facility and to relocate the proposed pathway outside of the Nampa-Meridian Irrigation easement. The council approved the final plat with a total of 34 single-family residential lots and 6 common lots. Due to requirements of the Nampa-Meridian Irrigation District (NMID), the applicant has requested to modify the plan and to reduce the number of buildable lots to address NMID’s concerns.The Creason Creek – MDA, MFP H-2016-0087 4 applicant proposes to reduce the number of buildable lots from thirty four (34) to thirty three (33), with the number of common lots remaining the same at six (6). The open space for the subdivision has changed from 0.82 acres of qualified open space that was approved with the previously approved final plat, to 0.90 acres of qualified open space for the proposed final plat. The amenity package for the development will not change. The applicant is proposing a 10-foot multi-use pathway and a dog park as part of this phase of development for the Creason Creek Subdivision. The remaining amenities that were approved as part of the Overall Creason Creek Subdivision will be constructed with a subsequent phase of development. Final Plat Modification: Staff is supportive of the requested changes to the final plat. The requested changes are shown in Exhibits A3 and A5. In order to proceed with the modification as proposed by the applicant, the plat notes must be modified as follows: 1) Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and maintained by the HOA. Staff recommends approval of the development agreement modification and final plat modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Final Plat 3. Proposed Final Plat Modifications 4. Approved Landscape Plan 5. Proposed Landscape Plan 6. Proposed Change to the Development Agreement 7. Proposed Changes to Final Plat Creason Creek – MDA, MFP H-2016-0087 5 Exhibit A.1: Vicinity/Zoning Map Creason Creek – MDA, MFP H-2016-0087 6 Exhibit A.2: Approved Final Plat Creason Creek – MDA, MFP H-2016-0087 7 Affected Lots Creason Creek – MDA, MFP H-2016-0087 8 Exhibit A.3: Proposed Final Plat Modifications Creason Creek – MDA, MFP H-2016-0087 9 Affected Lots Creason Creek – MDA, MFP H-2016-0087 10 Exhibit A.4: Approved Landscape Plan Creason Creek – MDA, MFP H-2016-0087 11 Exhibit A.5: Proposed Landscape Plan Creason Creek – MDA, MFP H-2016-0087 12 Exhibit A.6: Proposed Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit C of this agreement. b. The Owner/Developer shall provide a minimum of 4.56 acres of common open space and the following amenities on as shown on the landscape plan: 5-foot walking paths, a dog park, covered picnic area, playground equipment, a 10-foot multi-use pathway and several pedestrian bridges as proposed. The owner/developer shall provide commercial grade play structure, benches, and picnic tables as part of the development. c. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time as the plat is recorded and all site improvements are accepted by the City. The issuance of these four permits shall be after the satisfactory completion of the following prerequisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. Creason Creek – MDA, MFP H-2016-0087 13 Exhibit A.7: Proposed Changes to Final Plat: 1) Plat Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and maintained by the HOA. 2) Modify condition 5(b) to read as follows: Extend Lot 3, Block 1 to the west boundary of Lot 5, Block 1. The entire lot Lot 4, Block 1 shall be designed to include the 10-foot wide multi-use pathway and landscape standards set forth in UDC 11-3A-8 and UDC 11-3B-12C. The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway route for City Council approval and recordation. 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. Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 4L PROJECT NUMBER: ITEM TITLE: Police Department Police Department: Idaho State University School Resource Officer Agreement (Superseding July 5, 2016 Idaho State University/West Ada School District School Resource Officer Agreement) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C�WENIIDIAN-= i woo; Idaho State University SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Idaho State University, Meridian, Idaho, hereinafter referred to as "ISU". WHEREAS, ISU desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to ISU, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit to ISU and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractors, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at the designated campus, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one half time (1/2) School Resource Officer (shared with West Ada School District who pays the other Y2 of position) at the Idaho State University Meridian complex located at 1311 E. Central Drive, Meridian, Idaho, hereinafter referred to as the "Campus". 4. As a member of the school's management team, the SRO shall endeavor to maintain open and regular communication with the assigned school officials and shall positively promote the school's, staff, students, and administration to the community. 5. The Meridian Police Chief and ISU will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school officials whenever concerns or problems regarding scheduling, duties, or other items Ua occur. The SRO shall maintain high visibility with students during breaks and meal periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that ISU's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual, which will be maintained at the Meridian Police Department, shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. Parental Notifications for students under 18 years of age at the ISU campus. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying a student's parents about the interaction of the SRO with students under 18 from ISU: i. When an SRO interviews a student in the course of investigating a crime at the campus location, the SRO shall notify ISU officials, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. 3 ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify ISU officials, or designee. iii. Upon receiving notice of any of the above circumstances from an SRO, ISU officials, or designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the ISU official may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the ISU official is aware the official may then give the parent or guardian that information. iv. If a student's parent or guardian contacts ISU officials about interviews conducted by an SRO, the officials may disclose any information received from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the officials are aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use a suitably trained police officer in meeting its obligation herein, whom should be physically present at the campus location referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to ISU and the Meridian Police Department. If scheduling 4 conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with ISU officials to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that ISU may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to ISU. The SRO shall inform the school officials, or their designees, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 15, 2016, and ending on or about June 5, 2017 in accordance with the traditional ISU school calendar. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2016, and will complete the obligations one C7 (1) day after the last day of classes in June 2017. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2016 — 2017 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, ISU shall pay the total sum of $25,000.00 to the City of Meridian in two installments. One-half ($12,500.00) shall be paid on January 30, 2017, and the balance ($12,500.00) on or before May 31, 2017. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. ISU shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for the campus at which ISU is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of one police officer for each event. b. If an event should arise that is not on the original special event list provided by ISU, the Community Service Division (CSD) SRO Sergeant shall attempt to provide the law enforcement officers to comply with the request. M RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of ISU shall complete a Meridian Police Department Time Slip for the event and the requesting officials or designee may sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice ISU for the special event(s) at which SRO(s) or other officers worked at the end of each month. ISU shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of ISU at the SRO's hourly overtime salary. ISU shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that ISU may desire to have the Meridian Police Department provide additional security services for sanctioned school events at other locations. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. ISU agrees to provide the SRO with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of ISU, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays not observed by ISU. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against them which arises from acts or omissions of ISU, its officers, agents, or employees, ISU shall, at its expense and to the extent of the Idaho Tort Claims Act, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event ISU or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense and to the extent of the Idaho Tort Claims Act, defend and indemnify ISU and its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. s 20. It is acknowledged by the parties that ISU personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of ISU. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to ISU's failure to timely correct the default in its performance, ISU shall pay to the City of Meridian the consideration set out in Paragraph 12, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Chief Financial Officer has the authority to execute the agreement on behalf of ISU, and she/he shall promptly bring this Agreement before the Provost and Vice President for Academic Affairs for its ratification. Idaho. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be modified only by a mutually executed written addendum signed by the ISU Director of Public Safety and the Chief Financial Officer and the Mayor of the City of Meridian. 9 26. ISU officials, in writing, shall provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the designated official when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Bessie Katsimlometes, Ph.D. Associate Vice President of University Programs Idaho State University 1311 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. 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. DATED this day of ae-N , 2016. `� ►N BY: Tammy e eerd Mayor f eridian 10 ATTEST: BY: x/ lkvv� XnLdianoChief of Police IDAHO STATE UNIVERSITY By: rian Hickenlooper Chief Financial Officer By: Lewis Eakins ISU Public Safety Director II Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Human Resources Human Resources Department Strategic 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 FY16 DEPARTMENT REPORT HUMAN RESOURCES Crystal Ritchie, Human Resources – Human Resources Manager September 13, 2016 F Y 1 6 D E P A R T M E N T R E P O R T Agenda •Human Resources •Employment •Compensation Administration •Training and Development •Employee Engagement •Policy Administration and Compliance •New Initiatives for FY17 •Questions HUMAN RESOURCES F Y 1 6 D E P A R T M E N T R E P O R T Your Human Resources Department Crystal Ritchie, HR Manager Laura Lee Berg, Senior HR Generalist Jessica More, Human Resources Coordinator Brittany Duff, Administrative Assistant I Christena Barney, HR Generalist (Benefits) F Y 1 6 D E P A R T M E N T R E P O R T Department Overview – What We Do Human Resources Recruitment Benefits Administration Staffing Compensation Administration Employee Engagement Training and Development Employee Relations Compliance Workers Compensation Policy Administration New Employee Orientation F Y 1 6 D E P A R T M E N T R E P O R T Department Overview – How We Do It Collaboration Cooperation Helpfulness Partnership Participation Pulling Together Joint Effort F Y 1 6 D E P A R T M E N T R E P O R T Department Report – Human Resources 2016 •Structure and Staffing Changes: •Crystal Ritchie assumed lead role of the Department •Laura Lee Berg promoted to Sr. HR Generalist •Jessica More promoted to Human Resources Coordinator •Brittany Duff joined our team as our Administrative Assistant •Accomplishments Include: Hired 119 Employees to Date (41 Fulltime / 78 Seasonal / Part time / Interns) Assisted in the Development of the Support Services Reorganization Restructured HR Roles and Responsibilities to Better Support Departments Successful Completion of ICRMP Risk Management Discount Program Streamlined Seasonal Onboarding Process Implemented Employee Hotline (Compliance Line) Continued B.E.S.T Implemented Employee Self Service Portal Maintained ACA Reporting Compliance Streamlined Benefit Administration Conducted a Market Analysis Youth Work Life Skills 2016 Police Department Step Plan Analysis Employee Picnic Processed FY15 Performance Evaluations Prepared FY17 Budget Web Based Training Tool Selection Conducted a Benefit Review Continued to Operate Understaffed for ½ the Fiscal Year F Y 1 6 D E P A R T M E N T R E P O R T Department Report – Human Resources 2016 •In Progress: •Looking Ahead: Many other projects identified to improve processes and service to the leaders and employees of the City….More details to come! B.E.S.T Course Development Recruiting Module Selection Policy Manual Review Records Retention and Destruction Development of HR Training Database Coordinating 2017 Open Enrollment Preparing for 2016 Performance Appraisals Job Description Template Redesign Conversion Update Employment Application Enhance Salary Administration Guidelines EMPLOYMENT F Y 1 6 D E P A R T M E N T R E P O R T Employment - Staffing Total Number of Employees by Department City Average Retention Rate City Average Years of Service Average Years of Service BY Department City Average Years of Service: 8.63 20+ 15 15-19 36 10-14 87 5-9 106 0-4 141 Average Years of Service by Department Highest Year of Service City Clerk 9.66 14.29 Community Development 8.17 24.22 Finance 8.06 19.99 Fire 9.98 24.72 Human Resources 2.97 7.67 Information Technology 5.36 14.19 Legal 11.44 14.71 Mayor's Office 7.43 16.70 Parks 7.48 19.51 Police 8.65 26.97 Public Works 6.82 35.26 City Employees: 385 City Clerk 7 Community Development 18 Finance 16 Fire 79 Human Resources 5 Information Technology 13 Legal 5 Mayor's Office 6 Parks 25 Police 116 Public Works 95 City Average Retention Rate: 2016 – YTD 97.1% 2015 91.4% Human Resources has primary responsibilities for managing, assisting, and dealing with all employee related matters F Y 1 6 D E P A R T M E N T R E P O R T Employment •22 Applications Received •21 Interviews Conducted •2,821.25 Hours Worked over 7 weeks •10 Departments Participated •$21,159.40 Payroll Costs Program Feedback Learning and Development •Interview Feedback •Workplace Accountability •Performance Feedback •Resume Development 2016 Interns Employment Staffing – Youth Work Life Skills “We just wanted to send you a note thanking you for allowing her, as well as the other teens, the opportunity to engage in such a great opportunity. She had a great time and learned a lot. She is very proud to say that she worked for your office. ” “As parents, we are thrilled that you offer teens that kind of opportunity to work for the city of Meridian. Thank you very much to you and your staff.” With sincere thankfulness, Shellie and Eric Strolberg F Y 1 6 D E P A R T M E N T R E P O R T Employment - Recruitment •Human Resources received and processed 2,762 employment applications (excludes Firefighters) •Advertisement Costs: $9,178.00 (to date) •60 Positions were posted (to date) •46 Positions were filled (to date) •14 Positions vacant to date •The average cost of recruitment for an employment search was $152.96 •Pre-selected and published City New Hire Start Dates The Human Resources Department assists applicants and employees with all phases of the employment process. We oversee recruitment, interviewing, job offers, drug and alcohol testing and background checks (except law enforcement). F Y 1 6 D E P A R T M E N T R E P O R T Employment - Recruitment HR Processes Staffing Requisition HR Posts & Advertises Position HR Accepts Employment Applications Employment Applications Processed & Forwarded to Hiring Manager Candidate Selected and Job Offer Crafted Interviews Conducted Interviews Scheduled and Packets Prepared by HR Department Notifies HR of Applicant Status Department Screens each Employment Application Contingent Job Offer Extended and Accepted Pre- Employment Scheduled and Conducted Application, Background Check, References, Drug and Alcohol Test Processed Employment Approved by HR and Entered into Personnel Management System Start Date The Recruiting Cycle Staffing Requisition Received COMPENSATION ADMINISTRATION F Y 1 6 D E P A R T M E N T R E P O R T Compensation Administration The staff in Human Resources attended several seminars throughout the year to stay informed and remain current with compliance issues and employee benefits. We received a steady stream of phone calls, emails, and walk-in visits from employees requesting assistance with benefit, policy and employee related issues. Here are some examples of the year’s activities: F Y 1 6 D E P A R T M E N T R E P O R T Compensation Administration – Salary Administration City of Meridian Employees and Management participated in our annual performance appraisal process last fall to appraise job performance over the year. General employees were the recipient of a 3% merit pool for employees who achieved a performance rating of fully competent or higher. Throughout the Year: 18 promotions / transfers were approved Market analysis completed for selected Public Works positions Police Step Plan was analyzed (in conjunction with consultants) Approximately 346 performance appraisals were received and processed Annual Performance appraisal process requires the involvement of all members of the HR staff along with the City’s Payroll Administrator, Barb Nielson, to ensure that all appraisals and merit increases are processed in a timely manner without error for the November payday. This process includes: HR Receipt of Appraisal Form from Department HR Review of each Appraisal Form HR Calculation, Administration and Audit of Merit Increase Payroll Review of HR Calculation and Administration of Merit Increase Department / Hiring Manager Notification of Employee Merit Increase HR Files Each Appraisal in Employee Personnel File 19 Working Days F Y 1 6 D E P A R T M E N T R E P O R T Compensation Administration – Benefits Administration Many activities are listed here to reflect the multitude of actions handled by the HR Staff to ensure the maximum possible support is provided to City Employees regarding Benefits. •Benefit Committee meets regularly to carefully evaluate medical, dental, vision plans etc. •Facilitated 10 Open Enrollment Meetings •Hosted 3rd annual Benefits Fair, 20 vendors participated •42 Workers Compensation Claims Filed (to date) •38 Family Medical Leave Act Applications Processed •Wellness Activities •Employee Assistant Program Services F Y 1 6 D E P A R T M E N T R E P O R T Worker’s Compensation Employee Assistance Program The City has established the Employee Assistance Program thru BPA to provide confidential, professional assistance to employees and their family when needed. EAP offers solutions to problems associated with family issues, legal issues, job related issues, or financial issues. 2012 2013 2014 2015 2016 (YTD) Utilization Rate 16.2% 13.8% 12.8% 13.8% 14.6% New Cases 64 54 51 57 29 By Employee 56.0% 56.0% 59.0% 44.0% 62.0% By Dependent 44.0% 44.0% 41.0% 56.0% 38.0% Session Hours 237 193 182 213 93 Average Sessions Per Case 4.0 4.0 3.6 3.7 3.5 0.0%20.0%40.0%60.0%80.0% 2012 2013 2014 2015 2016 (YTD) By Dependent By Employee Number of New Cases by Employee and Dependent 2013 2014 2015 2016 (YTD) Total Claims 45 37 52 42 Total Compensation: $50,674.37 $25,109.87 $59,209.88 $5,213.49 Total Medical Paid: $127,900.49 $160,787.46 $158,440.43 $49,352.96 Incurred Grand Total: $178,574.86 $217,780.52 $236,465.23 $138,976.22 0 50000 100000 150000 200000 250000 2012 2013 2014 2015 2016 (YTD) Total Compensation: Total Medical Paid: Incurred Grand Total: The HR department manages the City’s Workers’ Compensation Program. Our insurance Provider is the State Insurance Fund. F Y 1 6 D E P A R T M E N T R E P O R T Wellness Works Program The Wellness Committee coordinated many wellness events and activities which were offered to our employees throughout the past year: Heart & Stroke Walk Wear Red Day Poker Walk St. Luke’s FitOne Salsa Contest Annual Biometrics On-site Yoga and Body Blast To name a few… Annual Biometrics Participation 2016 (YTD) 62.23% 2015 60.90% 2014 60.43% 2013 56.58% 2012 58.56% Wear Red Day Heart & Stroke Walk TRAINING AND DEVELOPMENT F Y 1 6 D E P A R T M E N T R E P O R T Training and Development Human Resources offered and / or coordinated a variety of training and development opportunities this year. •90 employees attended New Hire Orientation •256 employees participated in BEST Training Courses •94% of employees completed ICRMP Risk Management Training Offerings New Hire Orientation •Mayor’s Welcome •City Introduction •Policy Review •Benefits •B.E.S.T. Overview •IT 101 ICRMP •Policy Review •Vehicle Policy Review •Driver Safety •Harassment •How to Manage without Getting Into Legal Trouble •Project Management Fundamentals •Generations @ Work •Setting Goals •Accountability That Works •Time Management & Prioritization •Performance Management Overview •Disciplining •Emotional Intelligence •Ethics •Communication Styles •Respectful Workplace B.E.S.T. F Y 1 6 D E P A R T M E N T R E P O R T Training and Development – Education Reimbursement The City has an Education Reimbursement Program to reimburse employees for course work related to their current position or be considered of value to the employee’s future development with the City. Education Reimbursement FY14 FY15 FY16 Number of Participants 5 3 10 Number of Reimbursements 7 5 14 Total Funds Utilized $3,418.00 $2,408.00 $11,207.69 EMPLOYEE ENGAGEMENT F Y 1 6 D E P A R T M E N T R E P O R T Employee Engagement Employee Recognition Annual City Employee Appreciation Picnic Employee Engagement Survey HR2YOU Newsletter The Human Resources team is passionate about promoting a culture of employee engagement where work is meaningful, employees are valued, and teamwork is celebrated. Below are a few examples from this past year. F Y 1 6 D E P A R T M E N T R E P O R T Employee Engagement Congratulations Chip Hudson! POLICY ADMINISTRATION AND COMPLIANCE F Y 1 6 D E P A R T M E N T R E P O R T Compliance Line •Compliance Line •Implemented January 2016 •Telephone or Computer Access •2 Reports to Date •Ethics •Policy Violation I-9 Audit Policy Manual Review Affordable Care Act Compliance Policy Administration and Compliance CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL •Data Entry •Data Compilation •Preparing 1094-C and 1095-C Forms •Send forms to IRS and Employees NEW INITIATIVES - FY17 F Y 1 6 D E P A R T M E N T R E P O R T Looking Ahead Training & Development •Web Based Delivery Options •Supervisor Toolkit •External Training Offerings Page •Launch HR Train Application •Revise EDP Webpage New Initiatives for FY17 Performance Management •Explore Appraisal Tool and Evaluation Process Strategic Goals Compensation & Benefits Administration •Internal Alignment •Additional Detail to Salary Administration Guidelines •Compensation Program Review Staffing & Recruiting •Fill FY17 Positions •Recruiting Software •Job Application Update •Job Description Template •PAR Form Automation F Y 1 6 D E P A R T M E N T R E P O R T Looking Ahead New Initiatives for FY17 Compliance •DOL Overtime Rules Worker’s Compensation •Enhance Intranet Page Policy Administration •Policy Manual Revision Employee Engagement •Employee Engagement Survey Department Service Requests F Y 1 6 D E P A R T M E N T R E P O R T Thank you! Human Resources City of Meridian Human Resources Annual Report FY2016 1 Human Resources Annual Report FY2016 September 13, 2016 THIS PAGE INTENTIONALLY LEFT BLANK 2 Human Resources Annual Report FY2016 September 13, 2016 Introduction Highlights from Human Resources Welcome to the Department of Human Resources and our first Annual Report; a snapshot of the Human Resources’ activities from Fiscal Year 2016. Fiscal Year 2016 has been one of transition and challenge for the Human Resources Department. Over the last year I assumed leadership of the department, aligned under the Support Services umbrella, enhanced our roles and responsibilities and continued to support City departments and employees with everyday Human Resources needs. The task has been eventful—and yet remains— an exciting one. It has challenged our staff to do double duty—to provide current services, assist in other areas while understaffed, all while establishing ourselves and creating a very different future. It has required HR to shift resources and delay valuable projects in order to maintain operational services needed by our customers. It has challenged HR to assess its strengths and weaknesses, to change and grow, and to prepare ourselves and city employees for 2017. Several areas of Human Resources are represented in the following pages: Employment, Recruiting, Compensation Administration, Benefits, Training and Development, Employee Engagement and New Initiatives for Fiscal Year 2017. As you review the annual report, please feel free to contact us at (208) 898-5503, email us or visit us on the third floor of City Hall. The future has tremendous possibilities Laura Lee Berg Sr. HR Generalist alist Laura Lee Berg Sr. HR Generalist Christena Barney HR Generalist Jessica More HR Coordinator Brittany Duff Administrative Assistant alist Laura Lee Berg Sr. HR Generalist Crystal Ritchie HR Manager 3 Human Resources Annual Report FY2016 September 13, 2016 Contents Introduction .................................................................... 2 Human Resources ........................................................... 4 Employment ................................................................... 6 Training and Development ........................................... 13 Employee Engagement ................................................. 15 Policy Administration and Compliance ........................ 16 A Look Ahead ................................................................ 17 Conclusion .................................................................... 18 4 Human Resources Annual Report FY2016 September 13, 2016 Human Resources What We Do Human Resources Recruitment Benefits Administration Staffing Compensation Administration Employee Engagement Training and Development Employee Relations Compliance Workers Compensation Policy Administration New Employee Orientation 5 Human Resources Annual Report FY2016 September 13, 2016 Human Resources How We Do It Collaboration Cooperation Helpfulness Partnership Participation Pulling Together Joint Effort We embrace the CARE Values, We CARE about each other and We CARE about our City Employees 6 Human Resources Annual Report FY2016 September 13, 2016 Employment Staffing The staff in Human Resources assists applicants and employees with all phases of the employment process. We oversee recruitment, interviewing, job offers, drug and alcohol testing, and background checks (except Law enforcement). Human Resources has primary responsibilities for managing, assisting and dealing with all employee related matters. 7 Human Resources Annual Report FY2016 September 13, 2016 Employment Staffing – Youth Work Life Skills The City of Meridian offers an exciting opportunity for high school students to be introduced to the functions of City government and develop real life work skills. The Youth Work Life Skills Program will give individuals a basic understanding of local city government and will develop administrative and management skills that will serve them well in future occupations. Individuals will gain hands-on experience and provide clerical support to several departments. 8 Human Resources Annual Report FY2016 September 13, 2016 Employment Recruitment  Human Resources receive and processed 2762 employment applications  60 positions were posted  46 positions were filled  The average cost of recruitment for an employment search was $152.96  14 positions vacant to date 9 Human Resources Annual Report FY2016 September 13, 2016 Compensation Administration Salary Administration City of Meridian Employees and Management participated in our annual performance appraisal process last fall to appraise job performance over the year. General city employees were the recipient of a 3% merit pool for those who achieved a performance rating of fully competent or higher. Throughout the year:  18 promotions / transfers were approved  Market Analysis completed for selected Public Works positions  Police Step Plan was analyzed ( in conjunction with consultants)  Approximately 346 performance appraisals were received and processed The Annual Performance appraisal process requires the involvement of all members of the HR staff along with the City’s Payroll Administrator, Barb Nielson, to ensure that all appraisals and merit increases are processed in a timely manner without error for the November payday. This process includes: HR Reciept of Appraisal Form from Departent HR Review of each Appraisal Form HR Calculation, Administration and Audit of Merit Increase Payroll Review of HR Calculation and Administration of Merit Increase Department / Hiring Manager Notification of Employee Merit Increase HR Files each Appriasal in Employee Personnel File 19 Working Days 10 Human Resources Annual Report FY2016 September 13, 2016 Compensation Administration Benefits Administration Many activities are listed here to reflect the multitude of actions handled by the HR Staff to ensure the maximum possible support is provided to City Employees regarding Benefits. • Benefit Committee meets regularly to carefully evaluate medical, dental, vision plans etc. • Facilitated 10 Open Enrollment Meetings • Hosted 2nd annual Benefits Fair, 20 vendors participated • 42 Workers Compensation Claims Filed (to date) • 38 Family Medical Leave Act Applications Processed • Wellness Activities • Employee Assistant Program Services 2012 2013 2014 2015 2016 (YTD) Utilization Rate 16.2% 13.8% 12.8% 13.8% 14.6% New Cases 64 54 51 57 29 By Employee 56.0% 56.0% 59.0% 44.0% 62.0% By Dependent 44.0% 44.0% 41.0% 56.0% 38.0% Session Hours 237 193 182 213 93 Average Sessions Per Case 4.0 4.0 3.6 3.7 3.5 Worker’s Compensation The HR department manages the City’s Workers’ Compensation Program. Our insurance Provider is the State Insurance Fund. 0.0%20.0%40.0%60.0%80.0% 2012 2013 2014 2015 2016 (YTD) By Dependent By Employee Number of New Cases by Employee and 11 Human Resources Annual Report FY2016 September 13, 2016 Compensation Administration Benefits Administration – Employee Assistance Program The City has established the Employee Assistance Program thru BPA to provide confidential, professional assistance to employees and their family when needed. EAP offers solutions to problems associated with family issues, legal issues, job related issues, or financial issues. 2012 2013 2014 2015 2016 (YTD) Utilization Rate 16.2% 13.8% 12.8% 13.8% 14.6% New Cases 64 54 51 57 29 By Employee 56.0% 56.0% 59.0% 44.0% 62.0% By Dependent 44.0% 44.0% 41.0% 56.0% 38.0% Session Hours 237 193 182 213 93 Average Sessions Per Case 4.0 4.0 3.6 3.7 3.5 0.0%10.0%20.0%30.0%40.0%50.0%60.0%70.0% 2012 2013 2014 2015 2016 (YTD) By Dependent By Employee Number of New Cases by Employee and Dependent 12 Human Resources Annual Report FY2016 September 13, 2016 Compensation Administration Benefits Administration – Wellness Works Prog ram The Wellness Committee coordinated many wellness events and activities which were offered to our employees throughout the past year:  Heart & Stroke Walk  Wear Red Day  Poker Walk  St. Luke’s FitOne  Salsa Contest  Annual Biometrics  On-site Yoga and Body Blast To name a few… Annual Biometrics Participation 2016 (YTD) 62.23% 2015 60.90% 2014 60.43% 2013 56.58% 2012 58.56% 13 Human Resources Annual Report FY2016 September 13, 2016 Training and Development Human Resources offered and or coordinated a variety of training and development opportunities this year.  90 employees attended New Hire Orientation  256 employees participated in B.E.S.T Training  94% employees completed ICRMP Risk Management Training New Hire Orientation Mayor’s Welcome City Introduction Policy Review Benefits Overview B.E.S.T. Overview IT 101 ICRMP Policy Review Vehicle Policy Review Driver Safety Harassment B.E.S.T. How to Manage without Getting Into Legal Trouble Project Management Fundamentals Generations @ Work Setting Goals Accountability That Works Time Management & Prioritization Performance Management Overview Disciplining Emotional Intelligence Ethics Communication Styles Respectful Workplace 14 Human Resources Annual Report FY2016 September 13, 2016 Education Reimbursement The City has an Education Reimbursement Program to reimburse employees for course related work to their current or be considered of value to the employee’s future development with the City. The purpose of the program is to encourage employees to expand their knowledge and skills thru participation in outside educational programs during non- working hours. For FY16 the City council approved a reimbursement increase from $500.00 per semester / $1,000.00 per fiscal year to $1000.00 per semester / $2000.00 per fiscal year. Thank you Council! Education Reimbursement FY14 FY15 FY16 Number of Participants 5 3 10 Number of Reimbursements 7 5 14 Total Funds Utilized $3,418.00 $2,408.00 $11,207.69 15 Human Resources Annual Report FY2016 September 13, 2016 Employee Engagement The Human Resources team is passionate about promoting a culture of employee engagement where work is meaningful, employees are valued, and teamwork is celebrated. Below are a few examples from this past year. HR’s Perspective Message from the Mayor Employee Development Benefits Employee Recognition Open Positions Important Dates Fun Daily Observances Kleiner Park Family Fun Celebration Mayor & HR Travel the City Current Survey Efforts in Progress Mayor & HR Travel the City 16 Human Resources Annual Report FY2016 September 13, 2016 Policy Administration and Compliance The Human Resources team works consistently throughout the year to ensure policy and regulatory compliance. Below are a few examples: 17 Human Resources Annual Report FY2016 September 13, 2016 A Look Ahead In 2017, Human Resources will embark upon challenges that will prove to be opportunities for further growth and efficiencies in the areas of Compliance, Worker’s Compensation, Policy Administration, Employee Engagement, Training and Development, Staffing / Recruiting, and Performance Management. At the same time the Department will increase service efforts and maintain the operational needs of the City’s departments and employees in 2017. New Initiatives for 2107 Compensation & Benefits Administration •Internal Alignment •Additional Detail to Salary Administration Guidelines •Compensation Program Review Training & Development • Web Based Delivery Options • Supervisor Toolkit • External Training Offerings Page • Launch HR Train Application • Revise EDP Webpage Staffing & Recruiting • Fill FY17 Positions • Recruiting Software • Job Application Update • Job Description Template • PAR Form Automation Performance Management • Explore Appraisal Tool and Evaluation Process Compliance •DOL Overtime Rules Worker’s Compensation •Enhance Intranet Page Policy Administration •Policy Manual Revision Employee Engagement •Employee Engagement Survey 18 Human Resources Annual Report FY2016 September 13, 2016 Conclusion I am very proud of the Human Resources team and our accomplishments in Fiscal Year 2016. I have every confidence the staff has the skill, abilities, professionalism, and more importantly the passion and commitment necessary to address future challenges and explore new opportunities to further engage all City of Meridian employees. Crystal Ritchie Human Resources Manager Public Works September 2016 Purpose and Objective 2010-2015 Strategic Plan Debrief 2016-2021 Plan Development Approach Modified Balanced Scorecard Staff Input & Involvement Alignment and Vetting Questions? Objective: ◦Define specific results that are to be achieved ◦Outline a course of action for achieving results ◦Develop performance measurements to achieve results Desired Outcome: ◦Ensure that the most important Departmental priorities are identified, communicated, and achieved with direction and effective planning Background: ◦Developed in 2009 ◦Adopted in 2010 ◦First Departmental Strategic Plan ◦Developed Internally ◦Developed in Challenging Times ◦Lack of Experience Benefits: ◦Communicated a Vision ◦Planned Our Work ◦Organized Resources Plan Performance Public Works Activity Results 170 Completed 90 Partially Completed 61 Did Not Complete 321 Total Activities 2010-2015 Public Works Strategic Plan Progress Update 81.0% Completed or Partially Completed 64 Tactics First Time Experience Too Ambitious ◦Volume ◦Complexity ◦Timeframes ◦Resource Needs Too Operational ◦Kitchen Sink Approach Better Administration Needed ◦Managing Commitments Goals Objectives Final Draft & Staff Review Implement Monitor & Review Environmental Scan Vision, Mission & Values 2016-2021 Public Works Department Tactical Plan Industry Resources •NPDES Implementation Plan •American Public Works Association •Public Works Management Practices Manual •American Water Works Association •Center for High Performance Organizations City Resources •Strategic Plan •Comprehensive Plan •Economic Development Strategy •Energy Efficiency & Conservation Strategy Department Resources •2010-2015 Strategic Plan •PW Focus Areas •5- & 10-Year CIP Step 1 Conduct Citywide SWOT Analysis Step 2 Revisit Vision, Mission & Value Statements Step 3 Develop Community Focus Areas & Priorities Step 4 Develop Strategies & Performance Measures Step 5 Assemble Plan Mike Pepin - PM Dale Bolthouse John McCormick Warren Stewart Tom Barry Brian Kerr Dennis Teller Laurelei McVey Susie Deardorff Dave Miles Kathi Buttars Kyle Radek Development Vision Committed to continuous improvement, the Meridian Public Works Department is a high performance organization that is nationally-recognized as an industry leader. Mission The Mission of the Meridian Public Works Department is to anticipate, plan, and provide exemplary services and facilities that support the evolving needs of our community in an efficient, customer-focused, and financially responsible manner. Values & Standards of Conduct City of Meridian American Public Works Association Customer Service Public Trust Public Interest Accountability Encourage Sustainability Respect Respect Personal Integrity Legal Requirements Excellence Public Health & Safety Public Works New Tactics Enhance the Safety of the City's Drinking Water Supply Develop a Water System Unidirectional Flushing Program Develop Automated Meter Infrastructure (AMI) Strategy & Implementation Plan Improve Resource Utilization & Management Capabilities Develop an Asset Management Program Plan Develop a Comprehensive GIS Integration & Utilization Plan Improve Organization Performance by Developing, Retaining & Attracting Quality Employees Expand Department Recognition Regionally & Nationally Impact (City, Department, Citizens) Criticality Sequencing (Ordering, Logistics) Funding Commitments Probability of Success (Risk) Regulatory Mandate Executive Order Level of Effort (Investment) Cost (Value Add) 1. Achieve Compliance with the NPDES Permit 2. Enhance the Safety of the City’s Drinking Water 3. Develop & Integrate PWs Emergency Response & Communications Plans 4. Improve Organizational Performance by Developing, Retaining, & Attracting Quality Employees 5. Develop an Asset Management Program Plan 6. Develop & Deploy a PWs Performance Management Program 7. Evaluate & Redefine the Recycled Water Program 8. Develop Water Supply & Protection Plans & Strategies to meet Demands 9. Develop Additional Strategic Growth & Utility Planning Documents 10. Develop a GIS Integration & Utilization Plan 11. Develop & Deploy a PWs Continuous Improvement Program 12. Develop & Implement a Utility Condition Based Monitoring Program 13. Develop a Water System Unidirectional Flushing Program 14. Define & Develop PWs Community Engagement Strategy & Plan 15. Improve Consumable Resource Management 16. Conduct an Innovative WRRF Resource Recovery Study 17. Develop Automated Meter Infrastructure Strategy & Implementation Plan 18. Expand PWs Recognition Regionally & Nationally Financials •Improve Consumable Resource Management •Conduct an Innovative WRRF Resource Recovery Study Utility Employees •Improve Organizational Performance by Developing, Retaining & Attracting Quality Employees Operations •Achieve Compliance with NPDES Permit •Develop an Asset Management Program Plan •Develop & Deploy a Department-wide Performance Management Plan •Develop a Comprehensive GIS Plan •Develop & Implement a Public Works Utility Condition Based Monitoring Program •Develop a Water System Unidirectional Flushing Program Customer Service •Enhance the Safety of the City’s Drinking Water •Define & Develop a Comprehensive Public Works Engagement Strategy & Plan •Develop Automated Meter Infrastructure (AMI) Strategy & Implementation Plan Strategy •Develop Additional Strategic Growth & Utility Planning Documents •Evaluate & Re-define the Recycled Water Program •Develop & Integrate Public Works Emergency Response & Communications Plans •Develop & Deploy a Department- wide Continuous Improvement Program •Develop Water Supply & Protection Plans & Strategies to Meet Demands •Expand Department Recognition Regionally & Nationally Public Works Tactics 1.B.PW.1. - Develop water supply and protection plans and strategies to meet demands 1.B.PW.2. - Develop Additional Strategic Growth and Utility Planning documents 2.A.PW.1. - Expand Department recognition regionally and nationally 3.A.PW.1. - Define and develop a comprehensive Public Works community engagement strategy and plan 3.B.PW.1. - Improve organization performance by developing, retaining & attracting quality employees 3.C.PW.1. - Develop & Integrate Public Works Emergency Response & Communications Plans 3.D.PW.1. - Develop a Comprehensive GIS Integration & Utilization Plan 3.D.PW.2. - Develop an Asset Management Program Plan 3.D.PW.3. - Develop a Water System Unidirectional Flushing Program 3.D.PW.4. - Develop Automated Meter Infrastructure (AMI) Strategy and Implementation Plan 3.D.PW.5. - Develop and deploy a Department-wide performance management program 3.D.PW.6. - Develop & deploy Department-wide continuous improvement program 3.D.PW.7. - Develop & implement a Public Works Utility Condition Based Monitoring (CBM) Program 3.D.PW.8. - Achieve compliance with NPDES permit 4.A.PW.1. - Enhance the safety of the City's drinking water 4.E.PW.1. - Conduct an innovative WRRF Resource Recovery study 4.E.PW.2. - Improve consumable resource management 4.E.PW.3. - Evaluate and re-define the Recycled Water Program Alignment, Vetting, Resourcing & Implementation Stakeholder Length PWs SLT 2 weeks PWs Staff (All) 3 weeks Mayor 3.5 weeks Department Directors 2.5 weeks Council Members 3.5 weeks •PW SLT 2 Weeks •PW Staff (All) 3 Weeks •Mayor 3.5 Weeks •Dept. Directors 3 Weeks •Council Members 3.5 Weeks 1.Tactical Plan Development: •Developed In-House · Encouraged Engagement · Tapped Internal Expertise · No Outsourcing Costs · Better Product 2.Tactical Plan Alignment: •Departmental Tactical Plans Prescribed •Tactical Plans Subordinate to Citywide Plan •Nomenclature & Alignment 3.PW Citywide Plan Initiatives: •PW Leads 3 Citywide Objectives •PW Supports 17 Citywide Objectives Original Strategic Plan: ◦5-Year Timeframe ◦56 Pages ◦64 Tactics* ◦321 Activities* ◦Siloed Current Tactical Plan: ◦5-Year Timeframe ◦36 Pages ◦18 Tactics ◦126 Activities ◦Integrated ◦Exclusions: Community Development •5-Year Timeframe •56 Pages •18 Tactics •45 Activities •Integrated •Exclusions: Community Development Current Tactical Plan: •5-Year Timeframe •36 Pages •Tactics •Activities •Siloed Original Strategic Plan: * Excludes Community Development 1.Implementation Date: October 1, 2016 2.Reporting & Adaptive Management: Annually 3.Periodic Revision: As Needed Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Parks & Recreation Department Parks & Recreation Department: Discussion of Homecourt Agreement with the YMCA for Joint Use of Facility 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 E. YMCA Contact: Specified YMCA employee who shall serve as the liaison between YMCA and City for all matters regarding the day-to-day scheduling, use, and maintenance of the Facility. F. YMCA: the Young Men's Christian Association of Boise City, an Idaho Nonprofit Corporation, dba Treasure Valley Family YMCA. G. Effective Date: The day upon which this City takes ownership of the Facility pursuant to a Purchase and Sale Agreement between the Parties. The target Effective Date is October 1, 2016. II. TERM A. Primary Term. The Term shall be from the Effective Date until October 1, 2017, unless extended pursuant to the subsection below. Upon the request of City, YMCA shall execute a written acknowledgment of the Commencement Date and/or Expiration Date. B. Option Periods. YMCA shall have the option to extend the Primary Term for two annual option periods, the first being effective until October 1, 2018, and the second effective up to October 1, 2019 ("Option Periods"). YMCA shall give City written notice of its intention to exercise such options not less than three (3) months in advance of the expiration date of the Primary Term, or current Option Period, as applicable. C. Move -Out Date, Removal of Property. YMCA shall end its use of the Facility no later than October 1, 2019, unless the parties mutually agree in writing to extend or shorten the Move -Out Date. YMCA shall endeavor to provide as much advance notice as possible to City regarding the opening date of the new YMCA facility and YMCA's desired Move -Out Date. YMCA shall remove all of its tangible personal property by the Move -Out Date, including but not limited to fitness equipment, computers, volleyballs, basketballs, copy machine, office supplies, and employee personal effects. Any property left on the Premises after the expiration or termination of the Lease Term shall be deemed to have been abandoned and to have become the property of City to dispose of as City deems expedient. III. JOINT USE OF FACILITY A. YMCA's Facility Use Schedule. 1. YMCA will have exclusive use of Bay 5 (Fitness Area), the Child Watch Area, and the Office area for the duration of this Agreement. YMCA may allow the City to have incidental use of these areas as determined in YMCA's sole discretion. 2. On Monday, Wednesday, and Friday, the YMCA will have exclusive use of Bays 1, 2, and 3 from 8:00am to 2:00pm. 3. On Tuesday and Thursday, the YMCA will have exclusive use of Bays 1, 2, and 3 from 8:00am to 1:00pm. 4. Monday through Friday, the YMCA will have exclusive use of Bay 4 from at 5:00am to 3 :00pm. 5. Saturday, for the term of this agreement, the YMCA will have priority use of Bay 4 between the hours of 7:00am and 8:00pm excluding existing annual events and or tournaments such as ATA Martial Arts Tournament, Holiday Classic Volleyball Tournament, Bryan Dunn Tournament, Treasure Valley Tournament Series, Girls Scouts Cookie Kick -Off, Treasure AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 2 OF 1 1 Valley Pickleball Classic, Boise Bombers Wheelchair Rugby, Idaho Select NPI Tournament, and other events with prior year reservations. 6. Sunday, for the term of this agreement, the YMCA will have priority use of Bays 1, 2, and 3 between the hours of 10:00am to 12:00pm and Bay 4 between the hours of 10:00am to 6:00pm excluding existing annual events and or tournaments such as ATA Martial Arts Tournament, Holiday Classic Volleyball Tournament, Bryan Dunn Tournament, Treasure Valley Tournament Series, Girls Scouts Cookie Kick -Off, Treasure Valley Pickleball Classic, Boise Bombers Wheelchair Rugby, Idaho Select NPI Tournament, and other events with prior year reservations. 7. On Saturdays from October through September the YMCA's Youth Sports Program will have priority use of no less than 3 courts for 30 of the total number of Saturdays, as determined by City, during the October through September time period. Priority use time on the selected Saturdays will end at 6:00pm. This provision regarding YMCA Youth Sports Saturday priority use shall survive the Term of this Agreement. After the Move -Out Date, YMCA shall continue Saturday priority use as set forth herein for an additional 10 years. After the first 10 years, the YMCA shall have the option to renew for additional consecutive terms of 1 year each, unless City provides written notice of its intent not to allow further options to renew. Each and every renewal term shall commence upon the expiration of the original term or the prior renewal term, as applicable. YMCA's payment for use of the facility after the Move -Out Date shall be at the fee rates set by the Meridian City Council. 8. All gym facility reservation requests must be turned into the City annually on or before April 1St for reservations starting October 1St through September 30tH 9. The facility use schedule set forth herein is subject to temporary suspension for reasonable and necessary maintenance as provided in Section F of this Agreement. City shall endeavor to schedule maintenance outside of the hours of facility use set forth herein and shall provide advance notice of required maintenance when possible. B. Facility Staffing. 1. YMCA will provide adequate and necessary staffing of the facility, as determined in its sole discretion, during the YMCA hours of operation. City will staff its own programs and operations. 2. YMCA staff will be responsible to document any injuries and or first aid given during the YMCA hours of operation, and City Staff will be responsible to document any injuries and or first aid given during City Programs. 3. City Contact will coordinate with YMCA contact on a weekly basis to discuss staffing and schedule of the 4 basketball courts, as well as any facility maintenance needs or concerns. C. Common Areas. YMCA shall have the non-exclusive right to use all common areas located within the Building, including, but not limited to, entrance ways, foyers, and restrooms, locker rooms and other areas intended to be used in common by all users of the Facility and their invitees, and the common areas located on the land on which the Building is situated, including, but not limited to, the parking lot and sidewalks adjacent to the Building and all other areas on such land intended to be used in common by users of the Facility and their invitees (collectively, "Common Areas") AGREEMENT WITH YMCA FOR .JOINT USE OF FACILITIES PAGE 3 OF I 1 D. Signs. During the effective dates of the Agreement, the exterior of the Facility shall display signage reflecting the joint use, in a manner generally depicted on Exhibit B. Upon the expiration or sooner termination of this Agreement, YMCA shall remove its logo sign, and other advertising matters or decorations (both internal and external to the Facility) at its sole cost and expense and repair any resulting damage to the Premises and the Building. E. Revenues. 1. All revenues from facility reservations will be collected and retained by the City. 2. All revenues from building leases such as the Church and YMCA will be collected by the City. 3. All revenues associated with City programs or events will be collected and retained by the City. 4. All revenues associated with YMCA membership fees and or YMCA program fees will be collected and retained by the YMCA. 5. All events and or programs requesting admission fees must be approved by the City prior to the event being scheduled. 6. Facility Sponsorships will be administered by the City and all facility sponsorship revenues will be collected and retained by the City. 7. Upon the expiration or sooner termination of this Agreement, YMCA shall pay for facility use at the fee rates set by the Meridian City Council. F. Maintenance. 1. City shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, the exterior of the Building, the parking lot and the landscaping, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, YMCA, its agents, servants, employees, or invitees, in which event YMCA shall pay to City the reasonable cost of such maintenance or repairs. 2. All Facility repairs will be performed by the City. If repairs are needed, YMCA staff will submit a written report to City detailing what needs to be fixed. For personal property and equipment items, City and YMCA shall repair their own items at their own expense. Any item (Facility or equipment) that needs repaired due to not being used properly and or used against the items recommended use, will be repaired at the expense of the party responsible for the damage. 3. Any building damages done by YMCA participants during a YMCA program, the YMCA will be responsible to pay for such damages. Example; if a hole gets kicked into the wall by a YMCA participant during Zumba class, the YMCA must pay for the damages. All repairs will be administered by the City. 4. The four basketball courts will be closed for two weeks every year to resurface the gym flooring. 5. All building inspections will be done on the City maintenance schedule. 6. All Cleaning Service contracts will be administered by the City. If cleaning needs are not being met, YMCA must submit a written report explaining the issues and or needs. 7. All other contracts such as pest control and landscaping will be administered by the City. 8. YMCA will be responsible for any City owned equipment that is damaged during YMCA programs. Example: if Pickleball nets and or equipment are broken during the Pickleball program hours, the YMCA will be responsible to repair such damages. 9. City will begin ownership of the facility on October 1, 2016 with all 4 basketball courts refinished on the current YMCA court maintenance schedule at the YMCA expense. AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 4 OF 1 1 10. In case of damage to the Premises or the Building by fire or other casualty, YMCA immediately shall notify City. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by City, will equal or exceed thirty percent (30%) of the replacement value of the Building (exclusive of foundations) prior to the occurrence of the damage, and if insurance proceeds sufficient for full restoration are unavailable for any reason, then City no later than the sixtieth (60th) day following the damage may give YMCA a notice of election to terminate this Agreement. In the event of such election this Agreement shall be deemed to terminate on the third (3rd) day after the giving of such notice, and YMCA shall surrender possession of the Premises within a reasonable time thereafter, and operating expenses shall be apportioned as of the date of YMCA's surrender. If insurance proceeds are availabe for such restoration, then the City, at its option, may elect to terminate this Agreement and shall provide YMCA notice of such election and and YMCA shall surrender possession of the Premises in like fashion. If the cost of restoration as estimated by City shall amount to be less than thirty percent (30%) of said replacement value of the Building and insurance proceeds sufficient for restoration are available, then City shall restore the Building and the Premises with reasonable promptness, subject to delays beyond City's control. 11. No damages, compensation or claims shall be payable by City for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. City will not carry insurance of any kind on any property of YMCA, including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures, and any improvements to the Premises that are paid for by YMCA and City shall not be obligated to repair any damage thereto or replace the same. G. Services. 1. Basic Services. City shall provide mechanical, cooling, heating and ventilation during "Normal Business Hours," including but not limited to the hours that YMCA will be utilizing the Facility. City shall provide cooling, heating and ventilation at times other than Normal Business Hours upon YMCA's request and with reasonable notice to City. 2. Basic Utilities. City shall furnish water, sewer, electricity and natural gas service to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of City, subject to operating expense reimbursement set forth in this Agreement. This Agreement by City is predicated on YMCA not engaging in any business which would cause a consumption or use of such utility services beyond that normally associated with office usage. In the event City reasonably determines that YMCA's consumption or use of any such utility is greater than that normally associated with office usage, City shall bill YMCA for the cost of such special or comparatively excessive use of such utility services on a regular basis. City shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services due to any cause whatsoever 3. Additional Utilities. YMCA shall purchase all other utility services, including but not limited to telephone, cable and television services desired by YMCA from the utility or municipality providing such service, and shall pay for such services when such payments are due. H. Operating Expenses. 1. YMCA shall pay to City its proportionate share of City's Operating Costs of the Facility. City's Operating Costs are its reasonable costs to maintain the Facility and the land on which it is situated, including janitorial, maintenance, and utilities (Idaho Power and Intermountain Gas). YMCA will pay directly for its phone, internet, and data accounts. YMCA's proportionate share of operating expenses will be determined by the number of operational AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 5 OF 11 hours the YMCA utilizes under this agreement as a percentage of the total number of hours that the Facility is available. 2. Estimated Payments. As soon as practicable after the Effective Date of this Agreement, City shall reasonably estimate and give YMCA written notice ("Notice of Estimated Operating Expenses") of the anticipated Operating Expenses during the fiscal year just commenced. The notice will indicate in reasonable detail City's estimate of such expenses and shall indicate YMCA's Proportionate Share thereof. YMCA shall pay the estimate on a monthly basis. City shall have the right at any time during the current year to amend the estimate of increase of Operating Expenses occasioned by any unforeseen expense. City shall notify YMCA of such further increase by means of an abbreviated estimate of increases in Operating Expenses which will identify the area of expense being increased and the amount thereof. YMCA shall thereafter pay YMCA's Proportionate Share of said increased expense prorated over the number of monthly rental payments remaining in the fiscal year. 3. Annual Settlement. Each year, City shall deliver to YMCA with the Notice of Estimated Increase in Operating Expenses based on the expenses from the prior year and other reasonable factors. Such statement will be final and binding upon City and YMCA unless YMCA objects to it in writing to City within thirty (30) days after it is given to YMCA. YMCA may review City's records of the Operating Expenses, at YMCA's sole cost and expense, at the place City normally maintains such records during City's normal business hours upon reasonable advance written notice. 4. Final Proration. If this Lease ends on a day other than the last day of a fiscal year, the amount of increase (if any) in the Operating Expenses payable by YMCA applicable to the fiscal year in which this Lease ends will be calculated on the basis of the number of days of the Term falling within such fiscal year, and YMCA's obligation to pay any increase or City's obligation to refund any overage will survive the expiration or other termination of this Lease. 5. Emergency Expenditures. If at any time during the Term, City deems it necessary to make emergency repairs or other emergency payments which are included as part of Operating Expenses, YMCA shall pay YMCA's Proportionate Share of such emergency expenditures within thirty (30) days following receipt from City of a statement therefor identifying the expenditure and YMCA's Proportionate Share of such expenditure. I. Uses. 1. General Use. The Premises shall be used only for the uses typically associated with gymnasiums and sports workout facilities ("Permitted Uses") and for no other use without the prior written consent of City. YMCA shall comply with all laws and regulations relating to its use or occupancy of the Premises or of the Common Areas. YMCA shall observe such rules and regulations for the Building as may be adopted by City. 2. No Hazardous Substances. YMCA agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable law or regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law, and YMCA shall indemnify and hold City harmless against any liability, damages, costs, loss or claim therefor, including attorneys' fees incurred in connection therewith, arising from or related to the presence of any Hazardous Substance in, on or about the Premises, which presence was caused by YMCA, its agents, employees, subleases or anyone otherwise associated with YMCA. 3. Insurance Risks. YMCA will not do or permit to be done any act or thing upon the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 6 OF 1 1 the rate of fire insurance applicable to the Building to an amount higher than it otherwise would be for the general office use of the Building; or (c) subject City to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. 4. Personal Property Taxes. YMCA shall pay, prior to delinquency, all taxes and assessments payable with respect to all Property of YMCA located on the Premises, if any. "Property of YMCA" shall mean and include all personal property of YMCA including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures kept or used on or installed in the Premises and any improvements to the Premises that are owned by and separately assessed to YMCA. 5. Care of Premises. YMCA shall keep the Premises in a neat, clean and sanitary condition and shall at all times preserve them in good condition and repair, ordinary wear and tear excepted. 6. Alterations and Damage. YMCA shall make no additions, changes, alterations or improvements to the Facility without the prior written consent of City. All damages or injury done to the Premises, the Common Area or the Building by YMCA or by any persons who may be in or upon the Premises, the Common Area or the Building with the express or implied consent of YMCA, shall be paid for by YMCA. IV. GENERAL TERMS AND CONDITIONS A. Seasonal Review. The YMCA Contact and the City Contact shall meet annually to review the schedule, operating expenses, and address any problems which may have arisen, and discuss improvements regarding the parties' joint use of Facility. B. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. C. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of YMCA. YMCA shall not assign or sublet all or any portion of YMCA's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. D. No Agency. Neither YMCA nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Facility. E. Indemnification and Insurance. YMCA and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in YMCA programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by YMCA or any YMCA employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of YMCA programming, at or in its use of Facility or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 7 OF 1 1 City. YMCA shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. City shall be named as an additional insured on YMCA's policy. 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 due to the actions or omissions of YMCA or any YMCA employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of YMCA programming, YMCA covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the Facility; YMCA accepts Facility for use as is, both at the Effective Date of this Agreement and for each day thereafter. F. Compliance with Laws. In performing the scope of services required hereunder, City and YMCA shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. G. 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. H. Grounds for Termination. Grounds for termination of this Agreement shall include, but shall not be limited to: 1. An act or omission by either party which constitutes a material breach of any term of this Agreement. 2. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. I. Termination Process. Either party may terminate this Agreement by providing thirty (30) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A thirty (30) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. J. 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. K. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. L. Non -Waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 8 OF 1 1 EXHIBIT A Not A Part _ (Church Lease) 5 AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 10 OF 11 EXHIBIT B External Signage Diagram AGREEMENT WITH YMCA FOR JOINT USE OF FACILITIES PAGE 1 1 OF 11 Meridian City Council Meeting DATE: September 13, 2016 ITEM TITLE: Public Works Public Works: Tactical Plan Presentation ITEM NUMBER: PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6C DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Public Works Department Public Works Department: Amending Meridian City Code Sections 9-1-16 and 9-4- 26(A), Regarding Connection to City Sewer System Outside City Limits, the Ordinance Amendments will Replace the Public Works Application with a Written Request and Revise the Code Sections for Consistency. 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 ENDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Jared Hale Engineering Project Manager DATE: August 23, 2016 Mayor Tammy de Weerd City Council Mernberft Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: AMENDING MERIDIAN CITY CODE SECTIONS 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS, AND 9-4-26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS. THE ORDINANCE AMENDMENTS WILL REPLACE THE PUBLIC WORKS APPLICATION WITH A WRITTEN REQUEST AND REVISE THE CODE SECTIONS FOR CONSISTENCY. 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 H. DESCRIPTION The current Code refers to an application that property owners must fill out to connect to water and/or sewer outside City limits. That application was never developed. These ordinance amendments will change the process from filling out an application to simply submitting a written request. These amendments will also make the requirements and process to apply for sewer and water connections outside City limits exactly the same for either utility. III. LIST OF ATTACHMENTS A. Proposed City of Meridian Ordinance Revisions Departmental Approval: o� Page I of I CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code sections 9-1-16 and 9-4-26(A), related to connection of properties outside of city limits to the City of Meridian water and sewer system, reference a formal application process, but in practice, a written request would be adequate to convey the property owner's interest; and WHEREAS, the City Council for the City of Meridian finds the following amendment to Meridian City Code to be in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 9-1-16 shall be repealed, and replaced with language to read as follows: 9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS: In order to obtain municipal water system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. A. The owner of such property shall submit to the Public Works Department a written request to connect to the City water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. B. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. C. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic water service outside the city limits, in which the owner shall agree: CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; 3. To annexation into the City of the parcel(s) connected to the City water system, either immediately or when contiguous to city limits; and 4. Other reasonable conditions of granting the request to connect to the City water system. Section 2. That Meridian City Code section 9-4-26(A) shall be repealed, and replaced with language to read as follows: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. 1. The owner of such property shall submit to the Public Works Department a written request to connect to the City sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. 2. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. 3. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic sewer service outside the city limits, in which the owner shall agree: a. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewer system; c. To annexation into the City of the parcel(s) connected to the City sewer system, either immediately or when contiguous to city limits; and CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE d. Other reasonable conditions of granting the request to connect to the City sewer system. Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2016. APPROVED: Tammy de Weerd, Mayor ATTEST: C.Jay Coles, City Clerk CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 16- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2016. William. L.M. Nary City Attorney CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE Meridian City Council Meeting 3 2016 ITEM NUMBER: DATE: September 1 , PROJECT NUMBER: ITEM TITLE: Community Development &Public Works Community Development & Public Works: Annexation of Enclaves MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes X September 7, 2016 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Enclaved Properties September 13, 2016 City Council Workshop Agenda Item Near the end of the April 6th joint meeting with the Ada County Commissioners, the Board handed out a map to Council highlighting County enclaves (unincorporated properties, within Meridian). Enclaves are not ideal as they create “swiss cheese”, not only on a map, but also with regard to services. When the city limits “leap frog” or skip county parcels, it creates gaps (or overlap) in some services. For example, when emergency service dispatch receives a call, they may not know if the Sherriff or Police should respond. Further, it is most efficient to provide services like sewer and water to all properties that are adjacent; often sewer and/or water will run in front of enclaved properties. It can also be considered inequitable for these county properties, which do not pay property taxes to the City, yet enjoy many of the urban-level benefits such as parks. According to Idaho Code, cities can annex lands which are “reasonably necessary to allow efficient and economically viable provision of tax-supported and fee-supported municipal services, to enable the orderly development of private lands”. To be eligible for annexation, a property must be contiguous (touch) existing city limits. Further, cities cannot annex properties that are 5-acres or more without written (or implied) consent from the owner. City staff has evaluated all county parcels within the Area of City Impact (AOCI). Three different scenarios were developed; properties within the AOCI that are not contiguous were removed from consideration as they are not eligible for annexation. For contiguous properties, here are the three scenarios (see attached decision tree): 1) Properties that are eligible for annexation (contiguous), and receiving either sewer and/or water service already; 2) Properties that are contiguous/eligible, are less than 5 acres, and are not connected to sewer or water; and, 3) Properties that are contiguous but are more than 5 acres and not receiving sewer or water service. Properties that fall within the first two scenarios are eligible for City-initiated annexation. For enclave properties that are currently hooked-up to City sewer and/or water service (Scenario 1), City staff from MUBS, Public Works, Police/Code Enforcement, Fire, Community Development, and Legal recommend proceeding with annexation (see attached spreadsheet for a list of properties). For properties in Scenario 2, staff needs to explain different situations, options and the level-of-effort involved should the City proceed forward with an annexation plan. Staff will run through the various scenarios and discuss potential next steps during the September 13th Council workshop. CHE RRY MC M IL LAN L I N D E R B L A C K C A T FR A N K LI N L O C U S T G R O V E AMI TY M E R I D I A N USTICK VICT ORY E A G L E PI N E FA I R V I E W OV E R L A ND M A I N C H I N D E N LAK E HAZ EL T E N M I L E C L O V E R D A L E M C D E R M O T T §¨¦84 Existing City Limits [ Le ge nd Existing City Limits 0 1 20.5 Miles The information shown on this map is compiled fromvarious sour ces and is subject to constant revision. TheCity of Meridian makes no warranty or guarantee as to thecontent, accuracy, timeliness, or completeness of any of thedata provided, and assumes no legal responsibility for theinformation contained on this map. CHE RRY MC M IL LAN L I N D E R B L A C K C A T FR A N K LI N L O C U S T G R O V E AMI TY M E R I D I A N USTICK VICT ORY E A G L E PI N E FA I R V I E W OV E R L A ND M A I N C H I N D E N LAK E HAZ EL T E N M I L E C L O V E R D A L E M C D E R M O T T §¨¦84 Annexation Scenario 01 [ Le ge nd Existing City Limits 2016 Annexation Project Proposed An nexation 0 1 20.5 Miles The information shown on this map is compiled fromvarious sour ces and is subject to constant revision. TheCity of Meridian makes no warranty or guarantee as to thecontent, accuracy, timeliness, or completeness of any of thedata provided, and assumes no legal responsibility for theinformation contained on this map. CHE RRY MC M IL LAN L I N D E R B L A C K C A T FR A N K LI N L O C U S T G R O V E AMI TY M E R I D I A N USTICK VICT ORY E A G L E PI N E FA I R V I E W OV E R L A ND M A I N C H I N D E N LAK E HAZ EL T E N M I L E C L O V E R D A L E M C D E R M O T T §¨¦84 Annexation Scenario 01 [ Le ge nd City Limits, Scenario 01 0 1 20.5 Miles The information shown on this map is compiled fromvarious sour ces and is subject to constant revision. TheCity of Meridian makes no warranty or guarantee as to thecontent, accuracy, timeliness, or completeness of any of thedata provided, and assumes no legal responsibility for theinformation contained on this map. CHE RRY MC M IL LAN L I N D E R B L A C K C A T FR A N K LI N L O C U S T G R O V E AMI TY M E R I D I A N USTICK VICT ORY E A G L E PI N E FA I R V I E W OV E R L A ND M A I N C H I N D E N LAK E HAZ EL T E N M I L E C L O V E R D A L E M C D E R M O T T §¨¦84 Annexation Scenario 02 [ Le ge nd Proposed An nexation City Limits, Scenario 01 0 1 20.5 Miles The information shown on this map is compiled fromvarious sour ces and is subject to constant revision. TheCity of Meridian makes no warranty or guarantee as to thecontent, accuracy, timeliness, or completeness of any of thedata provided, and assumes no legal responsibility for theinformation contained on this map. CHE RRY MC M IL LAN L I N D E R B L A C K C A T FR A N K LI N L O C U S T G R O V E AMI TY M E R I D I A N USTICK VICT ORY E A G L E PI N E FA I R V I E W OV E R L A ND M A I N C H I N D E N LAK E HAZ EL T E N M I L E C L O V E R D A L E M C D E R M O T T §¨¦84 Annexation Scenario 02 [ Le ge nd City Limits, Scenario 02 0 1 20.5 Miles The information shown on this map is compiled fromvarious sour ces and is subject to constant revision. TheCity of Meridian makes no warranty or guarantee as to thecontent, accuracy, timeliness, or completeness of any of thedata provided, and assumes no legal responsibility for theinformation contained on this map. • Is c o n t i g u o u s • Ha s w a t e r a n d / o r s e w e r • Ha s l i m i t e d c o d e / l a n d u s e is s u e s Sc e n a r i o 1 : Sc e n a r i o 2 : Sc e n a r i o 3 : • Is c o n t i g u o u s • Is l e s s t h a n 5 A c r e s • Ha s n o s e w e r / w a t e r • Ha s l i m i t e d c o d e / l a n d u s e is s u e s • Co n t i g u o u s • Gr e a t e r t h a n 5 A c r e s • Ha s n o S e w e r / w a t e r No Co d e / L a n d U s e i s s u e s ? Sc e n a r i o 1 : • Is c o n t i g u o u s • Ha s w a t e r a n d / o r se w e r * • Ha s l i m i t e d c o d e / la n d u s e i s s u e s Di s c u s s p r o s a n d c o n s Ye s Sc e n a r i o 2 : • Is C o n t i g u o u s • Is l e s s t h a n 5 A c r e s • Ha s n o s e w e r / w a t e r • Ha s l i m i t e d c o d e / la n d u s e i s s u e s Sc e n a r i o 3 : • Co n t i g u o u s • Gr e a t e r t h a n 5 A c r e s • Ha s n o S e w e r / w a t e r 1 An n e x & z o n e Do not annex Fu r t h e r d e v e l o p s e r v i c e p l a n & c o s t , or d o n o t a n n e x . Further develop service plan & cost, or do not annex. No Sc e n a r i o 1 : • Is c o n t i g u o u s • Ha s w a t e r a n d / o r se w e r • Ha s l i m i t e d c o d e / la n d u s e i s s u e s Sc e n a r i o 2 : • Is C o n t i g u o u s • Is l e s s t h a n 5 A c r e s • Ha s n o s e w e r / w a t e r • Ha s l i m i t e d c o d e / la n d u s e i s s u e s Sc e n a r i o 3 : • Co n t i g u o u s • Gr e a t e r t h a n 5 A c r e s • Ha s n o S e w e r / w a t e r No Co d e / L a n d U s e i s s u e s ? Di s c u s s p r o s a n d c o n s Ye s Ye s Is a s u b d i v i s i o n ? Ye s Se r v i c e s a r e r e a d i l y a v a i l a b l e ? No Co n s i d e r a n n e x & z o n e Ye s Ha s c o m m u n i t y w e l l & s e p t i c ? No No Ye s Se r v i c e s a r e r e a d i l y a v a i l a b l e ? No Co n s i d e r a n n e x & z o n e 2 Is a n e n c l a v e ? No Ye s Is a s u b d i v i s i o n ? Yes Services are readily available? No Consider annex & zone Ye s Ha s c o m m u n i t y w e l l & s e p t i c ? No Ye s Se r v i c e s a r e r e a d i l y a v a i l a b l e ? No Co n s i d e r a n n e x & z o n e Ye s Do not annex PA R C E L P R I M O W N E R A D D R E S S Se r v i c e (P a y i n g Bi l l ) Co n t i g u o u s A n n e x a b l e Se w e r an d Wa t e r Se r v i c e Wa t e r S e r v i c e C o m m e n t Se w e r S e r v i c e Co m m e n t Signed Consent to Annex; if so, dateLU Issue Comments AerialProposed Zone S1 1 1 8 1 2 0 7 3 1 H E I N D E L C H R I S T O P H E R A 1 0 0 5 E F R A N K L I N R D Y Y e s Y e s S Ve r y c o s t l y / d i f f i c u l t t o p r o v i d e a wa t e r s e r v i c e b e c a u s e t h e m a i n i s o n th e n o r t h s i d e o f F r a n k l i n R d a n d wo u l d r e q u i r e l a n e r e s t r i c t i o n s . NoProperty is a business adjacent to Meridian Cemetary. They recently installed xeriscape landscaping along Franklin. Site appears clean and orderly.Link L-O S1 1 1 8 1 2 0 7 4 0 F A M I L Y T A B L E P R O P E R T I E S L L C 1 0 0 5 E F R A N K L I N R D Y* Ye s Y e s S Wa t e r m a i n o n F r a n k l i n R d . V e r y co s t l y / d i f f i c u l t t o p r o v i d e a w a t e r se r v i c e b e c a u s e t h e m a i n i s o n t h e no r t h s i d e o f F r a n k l i n R d a n d w o u l d re q u i r e l a n e r e s t r i c t i o n s . NoVacant parcel behind S1118120731. *the address of 1005 E FRANKLIN is receving servicesLinkL-O R3 5 7 9 0 0 0 0 4 5 B E A M O N J O H N 1 6 0 N L I N D E R R D Y Y e s Y e s S Wa t e r i n L i n d e r . N o t d i f f i c u l t a n d w e co u l d i n c l u d e w i t h t h e u p c o m i n g Li n d e r R o a d A C H D p r o j e c t . No Single residential structure. One driveway. Does not appear to have any land use issues.Link R-2 S1 1 2 0 3 2 5 4 2 5 H A N R A H A N M A T T H E W P 2 4 4 0 S L O C U S T G R O V E R D Y ( n o b i l l ) Y e s Y e s S Wa t e r i s a v a i l a b l e o n t h e w e s t s i d e (a c r o s s t h e r o a d f r o m p r o p e r t y ) o f Lo c u s t G r o v e R d . i n P r e s s u r e Z o n e 4 . No It was discovered that this structure is connected to sewer - no bill. Link R-2 R3 5 7 9 0 0 0 0 2 0 W I T T J A M E S W A L T E R 3 0 0 N L I N D E R R D Y Y e s Y e s S Wa t e r i n L i n d e r . N o t d i f f i c u l t a n d w e co u l d i n c l u d e w i t h t h e u p c o m i n g Li n d e r R o a d A C H D p r o j e c t . NoProperty appears to have some farm animal facilities (but none visible in any recent aerials). R1 in County.Link R-2 R3 5 7 9 0 0 0 0 1 5 O L S O N J O E B 3 3 0 N L I N D E R R D Y Y e s Y e s S Wa t e r i n L i n d e r . N o t d i f f i c u l t a n d w e co u l d i n c l u d e w i t h t h e u p c o m i n g Li n d e r R o a d A C H D p r o j e c t . NoProperty has two access points onto Linder (though it doesn't need it to function). R1 in County.Link R-2 R3 5 7 9 0 0 0 0 1 2 K U G E L L I S A A 3 7 0 N L I N D E R R D Y Y e s Y e s S Wa t e r i n L i n d e r . N o t d i f f i c u l t a n d w e co u l d i n c l u d e w i t h t h e u p c o m i n g Li n d e r R o a d A C H D p r o j e c t . NoDoes not appear to be any LU issues. Home sits up on hill. No functional garage. R1 in County. Access, after Linder widening will be problematic. Cross-access from daycare to north idea (stubbed now).Link R-2 R8 0 8 1 7 7 0 0 1 0 S P U R W I N G L T D P A R T N E R S H I P 6 8 0 0 N S P U R W I N G W A Y Y* Ye s Y e s S Th i s i s p a r t o f t h e S p u r w i n g S u b / G o l f Co u r s e l o c a t e d o n t h e n o r t h s i d e o f Ch i n d e n . W a t e r i s p r o v i d e d b y S u e z . NoSome sort of maintenance or community facility in spurwing. The structure has no public road access. This structure is connected to sewer.*Golf course as a whole is getting a bill for sewer servicesLinkR-2 R5 2 9 9 9 0 0 1 1 0 B A I L E Y D E N N I S W 8 7 0 S M U S T A N G S T Y Y e s Y e s S Wo u l d r e q u i r e a t l e a s t 4 0 0 f e e t o f wa t e r m a i n . W o u l d r e s u l t i n d e a d e n d ma i n w i t h 1 c u s t o m e r c a u s i n g w a t e r qu a l t i y c o n c e r n s . P r e f e r r e d s o l u t i o n i s ov e r 1 / 2 m i l e w a t e r m a i n t h r o u g h su b d i v i s i o n t o c o n n e c t t o w a t e r m a i n ne a r L o c u s t G r o v e R d . NoDoes not appear to be any LU issues. In County subdivision that backs-up to Magic View Subdivision.Link R-2 R6 5 7 6 0 0 0 2 0 0 L A S K E N T H O M A S H 7 2 1 E P I N E A V E Y Y e s Y e s W 8 f o o t d e e p s e w e r bo r d e r s p r o p e r t y t o t h e so u t h . No Parcel has a number of accessory structures. Does not appear to be land use issues.Link R-2 R6 5 7 6 0 0 1 1 2 9 R O G E R S R E U B 8 2 5 E P I N E A V E Y Y e s Y e s W 10 f o o t d e e p s e w e r r u n s th r o u g h t h e p r o p e r t y . Y e s Property appears to be operating as a quazi junkyard for vehicles; screened behind home. CE/Police has had issues.Link R-2 R6 5 7 6 0 0 0 7 2 8 M C K A G U E R O Y L I F E E S T A T E 9 3 3 E P I N E A V E Y Y e s Y e s W 15 i n c h t r u n k s e w e r fr o n t s p r o p e r t y i n P i n e Av e . No Accessory structures up to property lines. One of three McKague properties.Link R-2 S0 4 2 6 2 2 3 4 0 0 S T E V E N S O N J E R R Y D 6 0 4 0 N T E N M I L E R D N* Ye s Y e s W* Se w e r t o e a s t f r o m Ir v i n e S u b d i v i s i o n , 7 fo o t d e e p / t r u n k s e w e r 20 0 f e e t d o w n T e n M i l e Ro a d . NoProperty appears to have some farm animal facilities and a large number of structures, but generally clean and well maintained.*Sprinkler account for Irvine Subdivision = not used to dateLinkR-2 PA R C E L P R I M O W N E R A D D R E S S Se r v i c e (P a y i n g Bi l l ) Co n t i g u o u s A n n e x a b l e Se w e r an d Wa t e r Se r v i c e Wa t e r S e r v i c e C o m m e n t Se w e r S e r v i c e Co m m e n t Signed Consent to Annex; if so, dateLU Issue Comments AerialProposed Zone S1 1 0 7 1 2 0 6 7 7 1 0 T H & F A I R V I E W L L C 1 0 3 5 E F A I R V I E W A V E Y Y e s Y e s W S PossibleProperty is a business, with what appears to be recent site improvements including an electronic billboard. Cross-access is needed. Currently C2 zoning in county.Link C-G R2 0 3 9 2 6 1 7 5 4 F L A T E N R O B E R T M 1 1 1 1 N A D K I N S A V E Y Y e s Y e s W S NoProperty has a large number of structures. At least one is a garage but unsure of others. Only one driveway.Link R-2 S1 1 1 7 3 2 5 4 7 9 H O O G L A N D P I M 1 6 2 5 E B E N T L E Y D R Y Ye s Su b d i v i s i o n Ye s W S 3/8/2007 NoProperty takes access from multiple streets, including a curb cut on locust grove immediatley north of I-84 overpass.Link R-2 S1 1 1 7 3 2 5 4 7 7 H O O G L A N D P I M 1 6 2 5 E B E N T L Y D R Y* Ye s Su b d i v i s i o n Ye s W S 3/8/2007 NoSmall 5' remnant parcel. Attached to north side of S1117325479.*address of 1625 Bentley is paying for servicesLinkR-2 S1 1 0 5 1 2 0 7 7 1 F I T C H - G A L L A G H E R K A T H E R I N E 2 4 2 5 E U S T I C K R D Y Y e s Y e s W S PossibleDetached garage may also be used as a residence. Property has its own curb cut on Ustick, but appears to also take access on Wingate Ln. Can we require them to vacate interest in Wingate Lane in the future if we annex now?Link R-2 S1 1 0 8 4 3 8 4 9 0 W H A L E M A R Y A 2 6 6 0 E F R A N K L I N R D Y Y e s Y e s W S 11/2/2006 No Property has large asphalt parking area in front of house with several parked cars.Link R-2 S1 1 2 1 3 3 6 1 7 6 T H O M A S O N M A R T Y Y 2 9 1 0 S E A G L E R D Y* Ye s Y e s W S 5/12/2010 NoLarge pasture. Front, shared parcel shares a quasi unimproved frontage road with neighbor. Has farm animals. See S1121336176.* No structures; ancillary to home at 2910 S. Eagle RoadLinkR-2 S1 1 2 1 3 3 6 2 3 0 T H O M A S O N F A M I L Y L I V I N G T R U S T 2 9 6 0 S E A G L E R D Y Y e s Y e s W S 5/12/2010 (verify if Trust is included in consent to annex)NoParcel shares a quasi unimproved frontage road with neighbor. Has its own curb cut onto Eagle Rd. Link R-2 S1 1 2 1 3 3 6 2 5 1 B A U G H M A N A R L I S D A N I E L 2 9 9 0 S E A G L E R D Y Y e s Y e s W S 4/13/2010 No Large driveway shared with property to south (who has 2 curb cuts).Link R-2 S1 1 2 1 3 3 6 4 0 1 C A R P E N T E R R O B E R T S 3 2 5 0 E V I C T O R Y R D Y Y e s Y e s W S NoProperty has access on Eagle and Victory. There are a number of structures, including a residence on multiple parcels. See S1121336476 and S1121336501.*address of 3250 victory is paying for services.Link R-2 S1 1 2 1 3 3 6 4 7 6 C A R P E N T E R R O B E R T S 3 2 5 0 E V I C T O R Y R D Y* Ye s Y e s W S 5/11/2010 NoResidence is split on two parcels. See also parcel S1121336501 *address of 3250 victory is paying for services.Link R-2 S1 1 2 1 3 3 6 5 0 1 C A R P E N T E R R O B E R T S 3 2 5 0 E V I C T O R Y R D Y* Ye s Y e s W S 5/11/2010 NoPasture parcel associated with S1121336401. Frequently has various livestock.*address of 3250 victory is paying for servicesLinkR-2 S0 5 3 1 2 3 3 9 0 5 H A R T R U F T E R I C V 4 0 1 0 N M E R I D I A N R D Y Y e s Y e s W S No Does not appear to be any LU issues. Home appears new - unclear why its not in the City.Link R-2 PA R C E L P R I M O W N E R A D D R E S S Se r v i c e (P a y i n g Bi l l ) Co n t i g u o u s A n n e x a b l e Se w e r an d Wa t e r Se r v i c e Wa t e r S e r v i c e C o m m e n t Se w e r S e r v i c e Co m m e n t Signed Consent to Annex; if so, dateLU Issue Comments AerialProposed Zone S1 1 3 1 2 2 3 4 0 0 A D A C O U N T Y - T R E A S U R E R S O F F I C E 4 9 9 0 S M E R I D I A N R D Y e s Y e s NoSherriff transmission tower next to future City well lot and in between 2 storage unit complexes. Note: This was originally marked as having water and sewer, but it does not.Link R-2 R6 5 7 6 0 0 0 3 0 1 H O R T O N R O B E R T C 6 0 7 E I D A H O A V E Y Y e s Y e s W S No Large parcel, 5.15acres, downtown Link R-2 S1 2 1 3 1 3 1 4 3 5 H A D D O C K R O B E R T 6 5 0 W W A L T M A N L N Y Y e s Y e s W S 9/3/2002 NoProperty takes access on an unimporved portion of Waltman Ln. Does not appear to have LU issues in newest aerial. Note: Neighboring properties (2) appear to be family members (Ed), who farms in parcel behind this. R1 in County.Link R-2 R6 5 7 6 0 0 0 1 5 0 W E S T O N D A N I E L 7 0 7 E P I N E A V E Y Y e s Y e s W S No Does not appear to be any LU issues. First county parcel outside of URA.Link R-2 R6 5 7 6 0 0 0 2 5 0 M A C K A Y M A R L O 7 4 5 E P I N E A V E Y Y e s Y e s W S NoProperty has two access points to Pine Ave, and a number of accessory structures within setbacks. Unclear on use.Link R-2 R6 5 7 6 0 0 1 1 2 7 F A R R E L L L A N C E M 8 1 1 E P I N E A V E Y Y e s Y e s W S No Parcel has a number of accessory structures. At least one within setbacks. Unclear on use.Link R-2 S1 2 1 1 4 1 7 5 0 1 Z I M M E R M A N B R I A N C 1 7 7 5 W P I N E A V E Y* Ye s Y e s W S * YesHome in front of automotive repair business (1785 W. Pine) owned by same person. Unfinished parking along Pine and in front of business. See S1211417515.* No services on this parcel, but owned by same as other two Zimmerman.Link R-4 S1 2 1 1 4 1 7 5 0 1 Z I M M E R M A N B R I A N C 1 7 8 5 W P I N E A V E Y Y e s Y e s W S YesAutomotive repair business operating on parcel behind home (1775 W. Pine). Unfinished parking along Pine and in front of business. See S1211417515 and S1211417523. Parcel is too small to zone R-2.Link R-4 S1 2 1 1 4 1 7 5 2 3 Z I M M E R M A N B R I A N C 1 7 8 5 W P I N E A V E Y* Ye s Y e s W S * YesLong flag lot adjacent to parcel S1211417515. Being used for outdoor storage (automobiles). Recommend zoning R-4. * No services on this parcel, but owned by same as other two Zimmerman.Link R-4 S1 2 0 1 2 4 4 5 5 0 C i t y o f M e r i d i a n 2 5 0 0 N L I N D E R R D Y Y e s Y e s W S NoCity Property at Tully Park. The County had this previously (by mistake) zoned as R-8 with subdivision to North.Link R-8 Meridian City Council Meeting DATE: June 21, 2016 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Legal Department Report Legal Department Report: Alcohol Catering Permit Ordinance Follow-up - Stakeholder Input and Draft Ordinance 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: September 13, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: A. Ordinance No. �C� �' ��%�� :Ordinance to Establish Alcohol Catering Permit Process 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 ORDINANCE NO. Ro _ ( -70 S BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-2-6, REGARDING CITY OF MERIDIAN ALCOHOL BEVERAGE CATERING PERMIT; RENUMBERING MERIDIAN CITY CODE SECTIONS 3-2-6 AND 3-2-7; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 23-934A, regarding alcohol beverage catering permits, authorizes the City of Meridian to administer such permits for events occurring within the city; and WHEREAS, the City Council for the City of Meridian finds the following regulations to be in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new section, section 3-2-6, shall be added to Meridian City Code, to read as follows: 3-2-6: CITY OF MERIDIAN ALCOHOL BEVERAGE CATERING PERMIT: A. License Required: It shall be unlawful to sell liquor by the drink, beer and wine, or beer, or wine, at a party, festival, convention, or special event within the City of Meridian, without an alcohol beverage catering permit from the City of Meridian. B. Application For License; Fee: A person holding an Idaho State liquor, beer, or wine license may apply with the City Clerk for a City of Meridian Alcohol Beverage Catering Permit by submitting a complete application at least three (3) business days prior to the first day of the party, festival, convention, or special event at which the permit is to be used. Application shall include payment of the permit fee as provided by fee schedule and submission of a completed application form provided by the City Clerk, which form shall include, but not be limited to: 1. Licensee's name and address as listed on the Idaho State alcohol license; licensee's telephone number, license number and year; 2. Name of the party, festival, convention or special event name at which the permit is to be used, as well as event date(s), hours, address, and expected attendance; 3. If the location of the event is a building open to the public, the room(s) in which the alcoholic beverages are to be served; and 4. Name(s), address, and telephone number of the organizer of the event. C. Application review: Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police and the Chief of Fire, who shall each cause an investigation to determine whether the proposed alcohol beverage catering may be conducted in accordance with all applicable provisions of law. The Chiefs and/or their designees shall endorse upon the application the findings of the investigation, and any conditions sufficient to ensure public safety, and return it to the City Clerk. Upon receipt of the Chiefs' findings, the City Clerk or designee shall ALCOHOL BEVERAGE CATERING PERMIT ORDINANCE UPDATE PAGE 1 OF 4 either issue a City of Meridian alcohol beverage catering permit to the applicant, with all endorsements and conditions set forth on such permit, or deny the application. The City Clerk shall provide a copy of the issued permit to the applicant, Chief of Police, Chief of Fire, and Director of the Alcohol Beverage Control Division of Idaho State Police. D. Permit denial: The City Clerk shall deny an application for a City of Meridian Alcohol Beverage Catering permit where: 1. The application is incomplete or required application materials or fees have not been timely submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or 3. The Police or Fire Chief recommends denial on the grounds that such permit cannot be lawfully issued, or would create or increase the risk of a threat to the public health, safety, or welfare and such risk cannot be mitigated under the circumstances presented in the application. Where an application for a City of Meridian alcohol beverage catering permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision, if any, as set forth in this subsection. There shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. E. Appeal of denial: Appeal of the City Clerk's denial of an application for a City of Meridian Alcohol Beverage Catering permit may be made by the applicant within three (3) days of such issuance or denial, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at the next council meeting at which the appeal can be duly noticed. The City Council's decision on such appeal shall be a final decision. F. Revocation of permit: The City Clerk may revoke a a City of Meridian Alcohol Beverage Catering permit where: 1. A term or condition of the license is violated by the permittee; 2. In the course of serving alcoholic beverages under such permit, the permittee violates a provision of this section or of any other local, state, or federal law; 3. It is found, after issuance of such permit, that alcoholic beverages cannot be lawfully and safely served under such permit; and/or 4. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The city clerk shall notify the permittee of such revocation in writing, and shall mail such notice to the permittee at the mailing address set forth in the permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of a City of Meridian Alcohol Beverage Catering permit may be made by the permittee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within five (5) days of such revocation. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at the next council meeting at which the appeal can be duly noticed. The City Council's decision on such appeal shall be a final decision. ALCOHOL BEVERAGE CATERING PERMIT ORDINANCE UPDATE PAGE 2 of 4 Section 2. That Meridian City Code sections 3-2-6 and 3-2-7 shall be renumbered as follows: 3-2-67: LIQUOR RELATED OFFENSES: A. Open Container In Public: It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of any alcoholic beverage on any public property or property open to the public, including any street, sidewalk, alley, publicly accessible parking lot, or other public or private property open to the public; provided that consumption or possession of an open container of an alcoholic beverage may lawfully occur in such time, place, and manner duly licensed or permitted by the city and other operation of law. B. Removal Of Open Container From Licensed Premises: It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine or liquor license. 'Premises" shall mean the building and contiguous property owned, or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, of liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the city. 3-2-75: PENALTY: Any person found to be violating any of the provisions of this chapter shall be guilty of a misdemeanor or such provision or penalty contained in Idaho Code title 23, as applicable, whichever may be more of a penalty. Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That this ordinance shall be effective immediately upon its passage and publication. rZy— PASSED by the City Council of the City of Meridian, Idaho, thisI J day of , 2016. APPROVED by the Mayor of the Cit Meridian, Idaho, this ' da f �16. Tammy Q/Weerd, Mayor TREAS����t ATTEST: ALCOHOL BEVERAGE CATERING PERMIT ORDINANCE UPDATE PAGE 3 OF 4 Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 7B PROJECT NUMBER: H-2016-0043 ITEM TITLE: Ashley Manor Ordinance No. I(, . I-7ucd : An Ordinance (Ashley Manor H-2016-0043) of the City of Meridian Granting Annexation and Zoning for a Parcel of Land That is a Portion of Lot 10 of Crestwood Subdivision No. 1 as Shown on the Official Plat thereof on File in Block 28 of Plats at Page 1157-1158 in the Office of the Recorder for Ada County, Idaho, lying in the NW'/4 of Section 31, Township 4 North, Range 1 East, Boise, 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 Designation from RUT to L -O (Limited Office) District in the Meridian City Code; and Providina that Copies of this Ordinance shall be Filed with the Ada County Assessor. the MEETING NOTES �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 ADA COUNTY RECORDER Christopher D. Rich 2016-086863 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/14/2016 01:08 PM CITY OF MERIDIAN, IDAHO NO FEE BY THE CITY COUNCIL: BIRD, BORTON, ' MILAM, PALMER, LITTLE • i C ca 61jisot ! i ., • i ! : 1, i i . 1 ! i '' !''1 1• f 1• f i i ! Lei [149Lrj !'`I 1 1 1� i f• 1 I Oki DIKII ILA b01 ' i"WIWAT511-111 MA ! 1 b ) •i 1, 1,1 i ' 1 Millll Ii1111K 1 b. 1 ! ! 1 f SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Br fight Angel Holdings, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to L -O (Limited Office) District, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — ASHLEY MANOR H 2016-0043 Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of S , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2016. MAYOR TAMMY de WEERD ATTEST: Pff(,1yof EA rA. � ___/ W v ' II ANNEXATION — ASHLEY MANOR H 2016-0043 Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) h -,/ I_.. On this l 0 day of (5-�� 1 , 2016, before me, the undersigned, aN ary Public in and for said State, personally appeared TAMMY de WEERD and own to me to be the Mayor and Cid- e �k �rrepeec ye y�o ft,4e City, Qf, Nei yj4ap, Idaho, and who executed the within instrument, and ackri�wI�dged to me that the Ci of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •••••••••• (SEAL) ,_ •. �' t4 • e •®;' 0%e NOTARY PUBLIC—FOR IDAHO RESIDING AT:� MY COMMISSION EXPIRES:—l� ANNEXATION — ASHLEY MANOR H 2016-0043 Page 3 of 3 E X H I B I T A EXHIBIT B EXHIBIT MAP FOR ANNEXATION BOUNDARY Ashley Manor – AZ H-2016-0043 Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: Amended onto Agenda: Executive Session 74-206A: A governing body of its designated representatives may hold an Exec Session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 13, 2016 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS