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HomeMy WebLinkAbout02-13-2018 C I T Y C OU N C I L W OR K SH OP M EETI N G M I N U T ES C ity C ouncil Chambers 33 E ast B roadway Avenue M eridian, Idaho Tuesday, F ebruary 13, 2018 at 3:00 P M 1.Roll-Call Attendance __X___ A nne L ittle Roberts __X ___ J oe B orton __X___ Ty Palmer __X ___ Treg Bernt __X___ Genesis Milam __X ___ L uke Cavener __X___ Mayor Tammy de Weerd 2.P ledge of Allegiance 3.Adoption of Agenda Adopted as amended Item 4:Consent Agenda Approved A.F inal Order for T ree F arm Subdivision No. 3 (H-2017-0162) by M 3 Companies, L L C located north of Chinden Blvd, south of the Phyllis Canal and approximately 1/2 mile east of N. Black Cat Road Approved B.Resolution No. 18-2058: A Resolution Of T he M ayor And T he City Council Of T he City Of M eridian Authorizing T he City Clerk To Destroy Certain Semi-P ermanent And Temporary Records Of T he City Of M eridian; And P roviding An E ffective Date. Approved C.Award of Bid and Approval of Agreement to Asphalt Driveways & Patching for the “L E M P-L ARK WO O D PAT HWAY ” project for a Not-To-Exceed amount of $58,200.00 Approved D.Approval of Award of Bid and Agreement to C O O NS E WE L L D RI L L I NG & P UM P C O., I NC. for the B O RUP P RO P E RT Y WE L L project for a Not-To-E xceed amount of $92,877.25. Approved E .L ease Agreement with the Turf Company and the City of M eridian Regarding Approximately 40 Acres at the S outh M eridian Regional P ark Approved F.Resolution No. 18-2059: A Resolution Approving Lease Agreement with the Turf Company, L L C for Land Owned by the City and L ocated on L ake Hazel Road, in AD A County Idaho; Authorizing the M ayor and City Clerk to Execute and Attest S aid Agreement on Behalf of the City of M eridian; and P roviding an Effective Date Approved G.Development Agreement for 2 1/2 S treet Townhomes (H-2017- 0066) with M eridian Fairview, L L C (Owner) and Broadbent Properties (Developer) located south of E. F airview Ave. on the west side of 2 and a Half Street, in the NW 1/4 of Section 7, Township 3N., Range 1E. (Parcel#s: S1107223065, S 1107223070, S1107223090) Approved H.Award of Bid and Approval of Agreement to G&W Electric Company for the “WRRF VAC UUM INT E RUP T PAD-M O UNT E D S WIT C HG E AR” project for a Not-To-E xceed amount of $416,202.00. Approved I.Award of Bid and Approval of Agreement to P latt Electric Supply for the “WRRF P ad-M ounted L iquid F illed M edium Voltage T ransformers” project for a Not-To-Exceed amount of $240,253.86. Approved J .Approval of Task Order 10015.A for Professional S ervices for “Well 33 Test & Production Well Design” to Hydro L ogic, Inc. for the Not-To-Exceed amount of $97,235.00.. T his Task Order is issued in conjunction with the M aster Agreement with Hydro L ogic dated October 1, 2017. Approved K.M odified Development Agreement for Burlingame Subdivision (H-2017-0055) with Yuriy M ukha(Owner/Developer) located near the northweast corner of W. Cherry L ane and N. Black Cat Road in the S W 1/4 of Section 4, Township 3N., Range 1W L.Award of Change Order No. 5 to J C C O NS T RUC T O RS , I NC. for the “WRRF L iquid Stream Capacity E xpansion” project for a Not- To-Exceed amount of $57,707.03. M oved to Item 5A Approved M .Award of Bid and Approval of Agreement to Alta Construction for the “RO S E C IRC L E WAT E R M AI N RE P L AC E M E NT ” project for a Not-To-Exceed amount of $245,313.00. Approved N.Approval of a S ole Source P urchase for Fire Department Honeywell Turnout Gear from M unicipal E mergency S ervices. Approved O.AP Invoices for P ayment - $2,152,986.21 Item 5:Items M oved F rom the Consent Agenda Approved A.M oved from Consent Agenda: Award of Change Order No. 5 to J C C O NS T RUC T O RS , I NC. for the “WRRF Liquid S tream Capacity E xpansion” project for a Not-To-E xceed amount of $57,707.03. Item 6:Community Items/P resentations A.Idaho Humane Society Long Term Direction B.Idaho T ransportation Department Update on State Highway 69 Project Item 7:Department Reports A.L egal: Annual Department Report Approved B.Community Development: Budget Amendment for P rogram Year 2017 C D B G Award of $349,131 C.Quarterly Finance Department Update D.Council: City Election Discussion E .T ransportation Plans, S tudies and P rojects Update Continued to F ebruary 20, 2018 F.Council: Commission and Board Updates Item 8:Ordinances Approved A.Ordinance No.18-1765 : An Ordinance (H-2017-0066 – 2 ½ Street Townhomes) of the City of M eridian granting the re-zone of a Parcel of L and S ituated in the Northwest One Quarter of S ection 7, Township 3 North, Range 1 East, Boise M eridian, Ada County, Idaho, as described in the attached E xhibit “A”; E stablishing and Determining the Land Use Zoning Classification of S aid L ands of 3.07 Acres of Land from C-C (Community Business District) and R-15 (M edium High Density Residential District) to O-T (Old Town District) in the M eridian City Code; P roviding that Copies of this Ordinance S hall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho S tate Tax Commission, as Required by L aw; and P roviding for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An E ffective Date. Item 9:Future M eeting Topics Item 10:E xecutive Session per Idaho S tate Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Continued to / left open for after special meeting also on F ebruary 13, 2018 Into Executive S ession at 9:11pm Out of E xecutive Session at 9:57pm Adjourned at 9:57pm Meridian City Council Special Joint Meeting Agenda – February 13, 2018 Page 1 of 2 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. CITY OF MERIDIAN JOINT MEETING OF THE MERIDIAN CITY COUNCIL AND PLANNING AND ZONING COMMISSION SPECIAL MEETING AGENDA Tuesday, February 13, 2018 at 6:00 PM 6:30pm City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: City Council X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd Planning and Zoning Commissioners __X__ Lisa Holland _X___ Steven Yearsley __X__ Gregory Wilson _X___ Ryan Fitzgerald __X__ Jessica Perreault _X___ Bill Cassinelli __X__ Rhonda McCarvel – Chairperson 2. Adoption of the Agenda Adopted 3. The Differences Between Codes and Policies 4. The Differences Between Legislative and Quasi-Judicial Actions – Authority and Duties 5. Ex-Parte Communications and Open Meeting Laws 6. Running Successful Meetings 7. Ethics – Perceptions can be Reality Meridian City Council Special Joint Meeting Agenda – February 13, 2018 Page 2 of 2 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. 8. Zoning Designations Evolved 9. South Meridian and Rim Areas Adjourned at 9:10pm Meridian City Council - Planning & Zoning Joint Workshop February 13, 2018 A joint meeting of the Meridian City Council and Planning and Zoning Commission was called to order at 6:39 p.m., Tuesday, February 13, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Others Present: Bill Nary, C.Jay Coles, Clint Dolsby, Kyle Radek, Caleb Hood, Jeff Lavey, Scott Colaianni, Joe Bongiorno, Cameron Ariel, Dale Bolthouse, Mike Barton, Keith Watts Chris Pope Todd Lavoie and Dean Willis. Item 1: Roll-call Attendance: Roll call. City Council X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd Planning and Zoning Commissioners __X__ Lisa Holland _X___ Steven Yearsley __X__ Gregory Wilson _X___ Ryan Fitzgerald __X__ Jessica Perreault _X___ Bill Cassinelli __X__ Rhonda McCarvel – Chairperson De Weerd: Okay. I'm going to go ahead and call this meeting to order. This is a joint meeting of the Meridian City Council and Planning and Zoning Commission. I will ask our city clerk to call roll first for City Council and, then, second for our Planning and Zoning Commission. Item 2: Adoption of the Agenda De Weerd: Okay. All present. Thank you. Item No. 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we adopt the agenda as published. Cavener: Second. Meridian City Council Meeting Agenda March 6, 2018 – Page 6 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 2 of 48 De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 3: The Differences Between Codes and Policies De Weerd: Item 3 is -- I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Planning and Zoning Commission. First, thank you for taking the time out. You all look so cozy up there. I do appreciate you -- we just got out of a Council Meeting, but I do, again, appreciate you all -- you all taking the time and the effort to be here. Maybe before we jump into the agenda as published, I would just maybe do a couple of introductions. We have some other community development and planning staff in the house. So, I'm just going to maybe embarrass them a little bit. So, we have -- and I actually have a slide with everybody's contact information and their -- their position. But we have I see Brock Cherry first. So, he is an assistant planner. And, then, Stephanie Leonard is also an assistant planner. Brian McClure is a long range planner. And, then, our director -- our fearless leader Cameron Ariel is also here, so -- and, then, Bill Parsons and myself will be doing this presentation, kind if a tag team presentation with Bill Nary. He's not a community development staff member, but -- but he might as well be, because he spends a lot of time with us, so -- so, we are going to follow the noticed agenda. However, I just want you to know if we say anything -- and I'm speaking for both Bills right now, too -- please feel free to interrupt. If we say anything that intrigues you or you want some clarification on or questions on or whatever, this is meant more of a dialogue than a presentation. So, we are going to speak at you, but if you want to speak back, feel free at any time to jump in. That doesn't go for the peanut gallery, though. Just the people over here. So, if we have some time at the end I'm aware of a couple of issues, like parking standards, for instance, that we may want to get into if time allows. So, you know, it's not noticed on the agenda, but I do know there is an item or two like that that might be good to just feel each other out on some issues that -- particularly Planning and Zoning Commission may be running into that maybe want to talk to the Council about. So, if you can save those types of things for maybe the end. Again, time permitting. So, in jumping into the presentation and the difference, basically, between legislative -- or, sorry, between codes and policies. It's going to be pretty quiet, because I think everyone gets it, but we do want to reinforce the difference between policy -- and when I say policy, think of the Comprehensive Plan and, then, code. So, the Unified Development Code is the code that -- at least for the Planning and Zoning Commissioners you're primarily charged with dealing -- in dealing with, but there are 11 different titles in city code. But Title 11, the Unified Development Code, is one that typically the planning division works with. So, just, again, to reiterate -- and we had a similar discussion last week with the Mayor and City Council -- the comp plan is the guide for growth and development. So, strict adherence to the text is not required. It's not explicit and the language are more shoulds than shalls. And, in fact, I can't think of any shalls in the comp plan itself. But Meridian City Council Meeting Agenda March 6, 2018 – Page 7 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 3 of 48 it's still a very valuable planning document. It does set the stage for how the city should grow in development. So, we do put a lot of time and effort in interpreting it and applying it correctly. But, again, there is a little bit of subjectivity that goes into that process. I do want to just pause for a second and give you a couple of handouts that have been developed that kind of -- as a transition, then, from the policy side. As a handout to help both elected officials, as well as the general public, that kind of understand some of those differences as well. So, we have copies for everybody to take one. I believe the Planning and Zoning Commissioners already have a packet that was created for you that contains this information. But I do want to make sure everybody has a copy of the Comprehensive Plan. It's kind of an overview of the comp plan. And, then, future land use and zoning and the correlation, how do I get there. I'm looking at the comp plan. What does that mean for zoning designation. So, I think these are great tools that we have available. So, I am going to transition, then, into the Unified Development Code. Again, the UDC. So, this is not the exact opposite, but the clarifying statements I made before about explicit compliance. These are standards. These are the shalls. There isn't a lot of wiggle room, although I will say there is some gray area sometimes. It doesn't address it all of the time, but -- but this is the law. This is the code. So, when you're dealing with issues and you read the staff report, the difference between the comp plan in saying, oh, we have -- we have policies about this in the comp plan, it may or may not apply to that situation. If it's code related, we will apply it as staff, we will apply that in the staff report and there is very little wiggle room to say, well, we are just not going to apply that to you. If it's in the UDC it's something that -- that needs to be adhered to. So, there is a difference. But those are probably our two biggest tools that we use in our tool box to review projects as they are submitted to us for -- for general compliance with policies and codes. Here is another just diagram that kind of is meant to visually show you the difference there, too. So, policy -- again, for us the comp plan. Master plans, which we don't have a lot, but do have the Ten Mile interchange specific area plan. We have got a master plan for downtown say, specific area plans. Implementation. Again, I already talked about the Unified Development Code back in 2005 is zoning and subdivisions in one. But the subdivision ordinance in the UDC, as well as your zoning, conditional use permits, site and design reviews. So, again, very strict adherence. Standards based. So, that's kind of the first kickoff section. The first item on the agenda, just to reiterate the difference between policies and codes. So, we are going to kind of transition here I think a little bit and Bill Parson is going to take the next section. Item 4: The Differences Between Legislative and Quasi-Judicial Actions – Authority and Duties Parsons: Thank you, Caleb. Good evening, Mayor, Council, Members of the Commission. Thank you for having us this evening. Kind of what Caleb alluded to in his opening is that we have the UDC and that's kind of what we enforce or what we discuss with applicants when we pre-app with them. In that code the Council has given the Planning and Zoning Commission the authority to take action on certain applications and that's really what this particular slide is discussing. In our world the planning and zoning -- in the UDC anyways, the Planning and Zoning Commission is delegated the Meridian City Council Meeting Agenda March 6, 2018 – Page 8 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 4 of 48 responsibility to take action on conditional use permits. Just recently the Legal Department came forward and shared some changes to our street naming ordinance as well and so that was originally -- as it's currently written in our UDC the Council still has the jurisdiction over that -- the authority for street naming. With that current code adoption of Title 8, we will be coming forward with a future UDC amendment that shifts that responsibility from the City Council to our Planning and Zoning Commission and so that's really what this slide is pertaining to, as you guys delegate that through the UDC. Next slide, please. So, when we are talking about planning decisions, we have two actions. We have legislative and we have administrative. So, Caleb was talking about the comp plan and the adoption of the comp plan, that's really legislative type action where you guys are setting those policies and we make rules in the zoning ordinance that go along to enforce those policies and on the other side of things, with the administrative side of the process it's really how do we get that, how do we enforce that. We do that through land use applications. Next slide, please. So, on the right are some examples of what we see. So, we have one legislative. We have a Comprehensive Plan. We have text amendments that we bring to you on occasion. This specifies zoning regulations and subdivision regulations, but our code is what we call the Unified Development Code, so it's combined into one ordinance. Some -- some jurisdictions or some municipalities have those as two separate ordinances that they enforced, but back in 2005 the city moved forward with the current code that we are using and we unified those into one document that we share with the community. And, then, also I think a lot of you are familiar with the Ten Mile specific area plan. Again, that was another legislative action that you took into consideration and adopted in 2007. On the administrative side of things, we have things like land use map amendments or Comprehensive Plan map amendments. That's typically parcel specific. We have annexations, rezones, again, as I mentioned to you the authority for the Planning and Zoning Commission, the conditional use permit process, variance, so really that coincides with the land use applications that we typically bring before both of these bodies. And so also in our code in Chapter 5 of the UDC we break down in our ordinance all of the land use applications that we process in our department and who the recommending bodies are and who their decision making body is and, then, whether they follow a public hearing process or an administrative process. The ones for your preview, as I mentioned to you, Planning and Zoning is the decision making body on a conditional use permit, unless the conditional use permit is concurrent with another application and the Council -- in our world, our business, we typically see multiple applications that come before you. A typical example of a conditional use permit may be a use -- for example, we have a C-G zone and someone wants a drive-thru next to another drive-thru, that will trigger a conditional use permit and that is -- goes before the Planning and Zoning Commission. But for some of our larger projects we will either have a plat going concurrently with the multi-family development, which requires a conditional use permit and, then, an annexation request. So, because all of those three applications are going on currently and because the decision making body in this case is the City Council on annexations and subdivisions and even comp plan amendments and those types of things, that conditional use permit is, then, forwarded on and the Planning and Zoning Commission becomes a recommending body and that is shared with the commission, they become the decision making body. So, again, the next slide Meridian City Council Meeting Agenda March 6, 2018 – Page 9 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 5 of 48 will demonstrate -- we have kind of highlighted some of these in red on -- as to what's the City Council purview and what the Planning and Zoning Commission's purview are. So, the other thing that we want to touch base -- and I think everyone in this room is familiar with, is how much level of scrutiny do we -- how much authority do we have over certain applications and I think this next slide does that. So, as we come before you with annexations -- and I think all of you have heard this before is we have the highest discretion level with annexations and rezones. In our UDC the -- the code affords us -- and even the state code affords us to require the developer to enter into a development agreement and that's really kind of the tool belt -- the tool that we use to enforce some offsite improvements or things that we try to mitigate infrastructure improvements that we need to happen and ensure that we are maintaining a certain level of service for our community, but also providing safe routes to schools, getting transportation infrastructure improvements. So, that -- and through that DA we set some of those off-site improvements. That's -- again, that's the highest level of discretion we can have. In our code we have to make findings for that and I will get into my presentation. In my presentation I will go over some of those findings that you have to make, but that's why when we come forward and we want to make sure that we are protecting the public's interest, we make sure that that DA is structured so that we get the most critical infrastructure improvements that we need, whether it be an off-site improvement for sidewalks, a pathway connection, a road widening project happening before it's programmed with ACHD, this is the time that we need to bring those issues to you and we typically have those in a development agreement. Now, as we head down this graphic, as to a conditional use permit -- now they are still -- you still have some latitude, there is some discretion there to enforce certain -- or add some conditions that otherwise aren't allowed in the code and I will share that in a moment with you on another slide that I did. But as you tend to go farther and farther down on this graphic we lose the ability to require more and more things. We lose our discretion and our purview. So, I share this regularly with the Planning and Zoning Commission. Let's say, for example, we come in -- a recent example, we come in, we have a concept plan on a project and it shows a subdivision, but they aren't proposing a subdivision. So, we typically have a development agreement that says generally comply with the concept plan and so we give them zoning and we have that contract in place. Now, as they come in and submit their subdivision and they -- and you -- and we look at the development agreement and we say that this subdivision does comply with the DA and they are not proposing any amendment to the DA, all we can look at is what is in the subdivision, in our code, and apply those like rules and regulations. We can't, then, say, well, it's annexation, we didn't get this road connection and now we are in here with a subdivision and we are making them have a condition to connect a road a quarter of a mile away or a pathway, that's -- or sidewalk that's a quarter mile down the road, we can't do that -- we should have done that analysis or caught that at the annexation process, not when we get down to the platting process. And, then, as we get down into the site and design of the plan -- so, basically, that's the UDC level, the design review level. Again, all we are looking for at that point is we are doing a check -- we have a checklist or -- we have a site compliance checklist that we use in our office and that tells us which codes to apply in certain situations. We go through that, we go through the code, the certain code -- sections of the code and we apply that to that site design. So, Meridian City Council Meeting Agenda March 6, 2018 – Page 10 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 6 of 48 if they meet everything that code requires, we basically approve the project. But, again, if there is something in the annexation or something in the DA at that point that triggers some kind of off-site improvement, again, we want to get that on the front end, not wait until we get to the back end of the project where we are down at the end of the funnel and to the site plan review and we can't actually enforce something, because we missed it during the zoning of the property. So, on this particular case this -- this right here is the adopted findings that we have in the UDC and I won't go into all of them tonight, but I did highlight number five and I think that's a very important one for all of us to take into consideration. As you know, Meridian is rapidly growing, the economy has turned around. We are seeing more and more projects and, really, this becomes more and more instrumental to our community. We have to make that finding -- all of us have to make the finding is this in the best interest of the city when we are looking at these projects. As you know, we always have certain levels of developers in our communities, some that want to raise the bar and do the bar minimum and we have others that want to do the bare minimum. Well, at annexation and rezones, if the applicant is proposing bear minimum, you can say, sorry, we don't want that, we want you to raise the bar. You have got the development agreement open, we want something more than the bare minimum. But if we have a DA that's in place and they are not opening up and a subdivision comes in and it meets the bare minimum, it has the ten percent, again, we lose some of that ability as staff as well to say, okay, now we want more. Well, we -- we didn't address that in the development agreement. So, again, with any annexation or rezone, if there is a development agreement and it's opened up and you're taking action on that or you have the ability to say this isn't in the best interest of the city unless you do these things and you don't have to approve it. You have some latitude, some discretion there with that process. Hood: Just maybe one more thing to highlight that. I have heard over the last couple of years even a developer will come up and say, well, we need to amend the DA, we already have R-15 zoning, so we can do 15. Look, our underlying zoning entitles us to that. Well, that's true, you have a DA that says it's limiting to this. So, your zoning doesn't trump the DA. The DA would trump the zoning in that case. So, just be aware of that. Sometimes there is -- you know, you do get entitlements with zoning, but the development agreement really, again, trumps anything that you would otherwise be outright allowed by right or use in the zoning code. So, it's tough for staff to jump in and clarify when the applicant's out there saying, well, we have this zoning, you know, we are vested with the zoning -- well, no, the DA says you're vested with what the DA says. You got the zoning, but -- so just -- again, just to hopefully reinforce what -- what Bill just said that you have the most discretion with development agreements and annexations and rezones. Nary: Madam Mayor, Members of the Council and Members of the Commission, that other thing that comes up often in front of us I just -- as Caleb was talking about that is developers come in and, well, we did everything, so we don't need this DA anymore. Well, the DA is the continuing obligation to maintain all of the things that are contained within it. So, to eliminate it because -- their statement normally is we have put in the landscaping, we already have all the irrigation in, everything is done, we don't need this Meridian City Council Meeting Agenda March 6, 2018 – Page 11 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 7 of 48 anymore, let's eliminate it. It leaves us, again, vulnerable, because, again, the zoning does have some control, but the DA has greater control. So, eliminating the development agreement -- I can't think of more than once or twice in the time I have been here that we have ever agreed to that condition or that request to simply delete the DA, because, again, it's your only tool -- mechanism and occasionally as some of these projects get older, some of that -- some of those requirements in that DA will need to be replaced or repaired and that's your mechanism sometimes to be able to force that and make that happen. If you don't have that you may not have any tool in which to require those anymore. Parsons: And this slide here represents something that's -- that regularly happens when we bring forward DA modifications to you. Typical conditions that we, as staff, try to put in a development agreement is our code -- with annexation or rezone our code requires that we get some sort of concept plan that shows street layout, connectivity, that shows the types -- the building layouts, the parking lot, those things so that we can provide you with enough information to make a decision whether or not this is in the best interest of the city. This is one of those products where the graphic on the right -- or, excuse me, the left was an office park that was tied to a development agreement, a concept plan, and, then, the graphic on the right is what they came back and amended that development agreement. Now, our code allows developers to amend the development agreement, but, again, these don't go to Planning and Zoning Commission, these strictly go to the City Council. So, again, if -- any time that we come forward and you don't -- the Commission -- or, excuse me, the Council doesn't feel that this development -- or the concept plan is equal to or better than the previous plan, it is within your purview to say this isn't in the best interest of the city to change its plan. We like the previous plan -- version better and you have that discretion to say, no, we don't - - we don't like this version, we like what we have approved back in '09 and I have heard this Council do that before where they liked office use better and didn't approve a multi- family development. So, again, there is your tool -- there is your discretion to say, you know, we don't -- this isn't in the best interest to change this plan. As Bill Nary mentioned, a lot of times the developers -- again, like he said, they think they have met all their conditions, they want to get rid of these agreements and they run with the land and that's why we want to make sure that we set us up for success, but also for you when we bring forth these applications to you. Certainly public testimony does play into that as well, but just for your information, when we look at this we try to analyze that for you in the staff report to give you all the information you need in order to say does this plan even -- is better than the previous plan. And so going into more of what the Planning and Zoning Commission does as far as -- in relationship to a conditional use permit, a lot of times when we are at the public hearing we do hear neighbors kind of talking about schools and traffic and some of those general concerns that we hear during the conditional use process. But in on our code it says very clear that when you're making action on this there is standards you need to apply to make sure that the conditional use meets certain obligations and certainly we want to make sure it doesn't impact the adjacent property owner. Again, we can control timing and sequence of uses. We have done that in the past where we have approved a conditional use permit and we said it's good for five years and, then, you come back and reapply if -- if you Meridian City Council Meeting Agenda March 6, 2018 – Page 12 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 8 of 48 want to continue it. The other one is -- again, as Caleb mentioned, it assures that certain property is maintained. But the biggest one that I want to point out is number seven and that's where the Planning and Zoning Commission has the ability to require something that's more restrictive than what's required by the code. A lot of times as we discuss -- again, when we get to that planning process, that subdivision, we go back to that one slide where you have discretion at zoning -- annexation and zoning and DA modifications, but now as we slip down and we get through that subdivision, we don't have that discretion, but with a conditional use permit you have some latitude to make -- add conditions to those to make sure that certain off-site improvements or certain conditions are being met to mitigate any circumstances that you see -- you deem fit and I think one of the recent examples was where we came forward and they were kind of expanding a storage yard on the adjacent property and one of the zoning -- Planning and Zoning Commissioners asked me if we could require fencing to be extended on the adjacent property. Absolutely. If you want that design esthetic and you thought that protected that use up against the -- the adjacent property, you have the ability to float that fencing and require that that fencing be constructed on that property, too, so it was a cohesive design and mitigated against that residential use that's there. So, you -- you have some of that in your tool belt. I don't want you to ever think that if code doesn't allow something you shouldn't do it. We shouldn't do that, we should make sure that the conditions are still legal and consult with our legal department to make sure that the condition you're placing on a project meets the intent of the code and meets the intent of that project. But you have some latitude to -- to add something that's generally more restrictive than code. Hood: So, as we established, I'm not in the Legal Department, as Bill is not in the Community Development Department, but I do want to piggyback a little bit on that and this hasn't been a concern to me, but a lot of times when -- there needs to be some nexus or correlation to a condition you're considering imposing on a developer. There has to be something, either through the public comment period that comes up or -- or maybe it's a department concern or whatever that's raised, but this isn't just free latitude to say, you know what, a mile away there is this problem, we need you to go fix it. Well, that may or may not have anything -- if it does have something to do with their project you can, but you need to be able to establish that connection between the impact that they are having and you want to mitigate that by doing something else that isn't prescriptive in code and, again, I haven't seen that to be a problem, but we don't want it to become one. There needs to be an nexus or, again, a correlation between any condition you're going to impose on a conditional use permit or even annexation and zoning. A lot of discretion in annexation and zoning. But I would recommend -- and, again, I'm not the attorney -- there be some correlation there. They don't have to sign that contract. They don't have to sign the development agreement if they don't like the terms. But, generally, you want to have something that they are proposing that you're trying to mitigate for both within the realm of, you know, reasonability, if you will, or some -- a nexus. Nary: So, I guess I am the attorney, so I will add the point the -- most of the time -- and it hasn't been a real concern -- most of the time the developers -- or the property Meridian City Council Meeting Agenda March 6, 2018 – Page 13 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 9 of 48 developer is very amenable to things that they may or may not be required to do, but the only cases predominantly that get to the United States Supreme Court that are related to Planning and Zoning all relate to this exact topic and what happens most of the time is they will raise it to you at Planning and Zoning, they will raise it at the Council, they will raise it to legal counsel, they will raise it to the planners and they will say you can't make me do this or you can't use that as a reason not to annex me and so we will have that conversation. But some of those cases that have gotten to the higher courts, they were kind of amenable, but the record wasn't very clear and, then, by the time it got to the point of building it, they weren't the owners anymore, somebody else was who didn't want to build that. So, if you're going to have someone do something, definitely rely on legal counsel, rely on the planners and make sure the record is very clear, but, again, most of the time it hasn't come up here, we really don't do off-site improvements that aren't related to the project or aren't related to the uses that the project is going to occur, but, occasionally, those issues will come up, but not likely you're going to see it very often and if you do you're definitely going to have somebody pounding on that table saying you can't make me do that. De Weerd: Well -- and I think that's what makes it important that whoever is making the motion specifically spells it out -- Nary: Absolutely. De Weerd: -- as a comment and it hasn't been recently, it's been some time ago, but the applicant stood in front of us and in response to the neighbors had said, well, I will do this and this and this and this -- if it's not in the findings they are not going to have to do it, even though they said. So, as you're making the motion to remember to include that specifically in there. It helps for that record, so that if that -- that entitlement passes on to the next person they're not going to have that institutional knowledge and they will want to know what conditions came along with that piece of property, so they are prepared to provide it. Nary: Absolutely. De Weerd: Just for clarity. Mr. Cavener. Cavener: Question for you or Mr. Nary. To your point, are you -- is it legal or is staff looking for us to outline those specific things that the applicant said or is in our motion including applicant testimony sufficient, because there is a big difference between the two of those. De Weerd: And there is and I don't know how staff does it sometimes when they -- when the motion is: And to include all staff, applicant, and public testimony. What on earth are you including? The kitchen sink? And was that really what you intended. I would think that for the record and for staff's benefit to be specific, especially if it's not in the staff report. If it's something that can -- and I guess I would defer to -- to staff on Meridian City Council Meeting Agenda March 6, 2018 – Page 14 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 10 of 48 that, but if the applicant stands up and says, well, I will provide this and -- in response to what the public has testified, I think you need to really make sure to specify that. Nary: Yeah. Madam Mayor, Members of the Council, I maybe can answer that. What I think the staff here -- especially in the Planning and Zoning Department, are very good at understanding where we are, because, you're right, there are occasions when -- when you have agreed to approve it based on what everybody said and none of them agree to any of it. That it's a little -- it's a little more challenging. But you -- you have seen it many times where the staff will come back and say as to this particular point is that -- is this what you mean? Is this particular point is this what you mean. I'm not going to say there aren't occasions that at the very tail end of a conversation when the developer will say, okay, fine, I do will it. And, then, that gets missed in the findings. So, we will bring that back sometimes in front of you and, hopefully, we will catch it in the minutes to be able to say, oh, we didn't specifically address that. They sort of threw it in at the very end and it kind of got missed or forgotten or they threw it in the very beginning and it got missed or forgotten in a three hour hearing. So, we do try to verify all of those findings, because the Mayor is absolutely correct, what's in the findings is what is required. What they said in a meeting may be -- may be required from an ethical standpoint, but, legally, I can't enforce that. So, we want to make sure that it's clear in the findings, clear in the DA and, occasionally, again, staff will come back to you to say this wasn't clear, is this what you meant, or sometimes subsequent to the meeting the developer will say, well, this is what I heard and the staff will say, well, that's not what I heard. So, let's bring it back and verify that before we finalize it. So, we do try very hard to make sure it gets done right up front, so that we aren't later saying how did we miss that. Hood: Just before Bill continues on, I mean we aren't trying to be rude when we -- at the end of a motion or any clarification, does that include, what's this, does it include that -- type of a thing. We do -- as an example, though, kind where maybe we need to do a better job as staff is elevations say. There is pretty pictures that are submitted, they are on the record, like, you know, generally comply with these elevations. We make reference to them, but there may be changes or tweaks. It's usually the pictures or the presentation that's brought to that meeting that we look at when it comes to design review, making sure they comply with those -- the pretty pictures they brought, you know, to Planning and Zoning Commission and/or City Council versus maybe what their building permit is asking to do. I will just mention for Councilman Cavener, but for the rest of you, we had a little bit more coaching on this as we go through this presentation later in the agenda, maybe some ideas on how you can help us help you and make sure that we have a complete record and the findings include everything. So, if we could maybe put a pin in that, there may be a little bit more kind of tricks of the trade that -- that we can all improve on that. Parsons: I'm just going to wrap up very quickly, but this -- again, this slide here just demonstrates the approved findings that we have to make and you have to make when you are taking action on -- the Commission has to make when they are taking action on a conditional use permit. But, typically, what we will do is if they -- if all these projects Meridian City Council Meeting Agenda March 6, 2018 – Page 15 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 11 of 48 go, the staff report or the annexation, the plat and the conditional use are all concurrent, all of these findings are in our staff report and we typically have those in Exhibit D of the staff report. So, last several pages toward the end of the staff report is where you will find those findings. I will turn it over to Mr. Nary for the next portion. Item 5: Ex-Parte Communications and Open Meeting Laws Nary: Thank you. Again, Madam Mayor, Members of the Council and Commission, so, again, as we just spoke about, the finding of facts and conclusions of law, all of those things, those are the -- that's the agreement. That's the final word on what's required and mandated by the action the Council has taken or in the case of a CUP, the action that the Commission has taken and what they are required to do. So, again, clarity, you know, want to make sure it says what it says. Again, the staff report many times -- again, the staff has prepared a report for the Planning and Zoning Commission to the Council as to what the findings and direction was, so when they are asking you are you support -- supportive of what the staff report says, that's what they mean, it's all those specific findings. If there is changes we want to make sure it's clear. Go to the next one. So, here is the lawyer part that's such a giant bummer for everybody and, I'm sorry, because this quasi-judicial piece is very unique to the Local Land Use Planning Act, which is, then, unique to the councils and commissions and how you do your business and like this slide tries to portray, is, again, all of these different rules courts -- the courts in Idaho have weighed in on on why they think it's important. But let me give you the bigger picture why it's important. It's trying to create a level playing field for everybody. So, quasi-judicial for those who kind of forget what's the difference between that and legislative, quasi-judicial means it affects, essentially, one party. I mean it affects the neighbor, it effects the adjoining property owner, but it affects the use of the property of the of one or multiple individuals, but one property owner. That's what makes it quasi-judicial, because you're making decisions about how they can use their property and the courts have looked at all of those things in those boxes there to making sure that the playing field was level. One of the things all of you have experienced, especially for the Council members, is that the public doesn't understand any of those things. What they think is I see you in the grocery store and I voted for you and I want you to listen to me about this project and we have advised a number of times -- I know all of you heard me or one of my cohorts tell you, the best answer you can give them is this is not the place for that. We have a public process. We have a public hearing. Please come to the public hearing. Please give us your information. I want to hear it. I can't hear it here. Because, first, it's just me. As a council member you have no authority by yourself. It is only as a group. Which is why we, then, have a meeting to have that discussion and a vote. Also if you were to pose the same question back to the member of the public and say if it's okay with you, if I meet with you, is it okay with you that I go and met with the developer by themself and hear their side of it? My guess is the answer is always going to be no. No, we don't want you to do that. So, the intent of the code, of the law, is to make sure it's level for everybody, that the opportunity to know what you're talking about, who said it, what's it related to, is it relevant, is it relative to the project -- those are all the things that the public open meeting is supposed to flush out. So, the courts have said into real detail on quasi- Meridian City Council Meeting Agenda March 6, 2018 – Page 16 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 12 of 48 judicial what -- what is and what I don't want the message to be as well. If you cover all of that in the grocery store, like who was there, how many people, what did you talk about, all of that, then you're good, because, one, it's impossible to do that daily every day. It's much easier -- because the public doesn't understand the difference -- to simply say that's why we have a meeting. Please come. Please show up. Send us in writing. Whatever you want to do, we want to hear. So, then, everyone hears it at the same time. This is not the same as simply knowing where projects are. There are some cases that talk about commissions or council members going out to the site and I have always advised Council and Commission -- I'm not saying you can't drive by it or -- we live in a town that you know where it is or you live near it, that's fine. I mean you might want to make that note on the record, but there is nothing to prohibit you from driving down the street and knowing there is something there. What happens -- and what has happened is the same type of thing as this -- having a conversation in the grocery store, is Council or Commission members have decided I will go out there myself, I will walk around, I will look at the surrounded houses, maybe I will talk to the guy over the fence and now they have done their own research and they can't do that, because they can't -- no one is there to witness it, nobody knows what they looked at. Again, it all has to be done in the meeting, because the intent is to make sure it's fair for both sides, the people opposed to it, as well as the people in favor of it, and so you hear us harp about it a lot. The reason is this is one of those areas that can get it all the way to the U.S. Supreme Court or the Idaho Supreme Court and they will say you did it wrong, do it over, and as you can understand, the cost and expense and time of doing it over, after it's been sitting in a court for two, three or four years, can be tremendous on both the property owners, as well as the public. Again, the rules -- conflict of interest. You know, those are the ones that are really specific in the code. When the code talks about conflict of interest, they are always talking about some type of gain, not just a personal gain, but, actually, a financial gain to the individual participating. So, always ask -- if you are concerned, always asking if you have an issue. You know, are you getting something from it, do you have a relative that works there or spouse, whatever. You know, we want to know, because, again, you should -- if you should excuse yourself we need to know that up front. Unbiased. And this was a little bit trickier in the legal sense and this is the best way I can explain it. Everyone has some bias of something. So, we are not talking about -- I don't like the color blue or I don't like to -- I don't like to, you know, go to football games or movies or whatever, they are talking about bias where you have a preconceived notion about something no matter what is presented to you. And, again, it's trying to, again, create a level playing field. The purpose of sitting in those chairs, whether you're an elector or volunteer, is to give the people the opportunity to tell you what they think. If you can honestly weigh it and consider it. It doesn't mean that if you don't like certain things or certain types of projects that they can't convince you, but I would be hesitant for anyone in your position to ever say I will never vote for this, I would never agree to that, I would never do it, because, again, you're trying to make sure that the opportunity for that input and dialogue is there and that's one that's a little -- like I said, is a little bit more tenuous or difficult to do. Ex-party contacts, again, that's the one we talked about -- Yearsley: Bill? Meridian City Council Meeting Agenda March 6, 2018 – Page 17 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 13 of 48 Nary: Yes. Yearsley: Have a quick question. On the conflict of interest, you have there is step down, no participation in the proceedings. As -- as a commissioner if I have something that's affecting my subdivision or my surrounding neighborhood, can I step down and actually testify towards that or do I need to go to like the City Council? What is the procedure for that? Nary: That's a great question, Commissioner Yearsley, and there is no -- there is no clarity to that specifically. What I suggest to folks often is if they can identify that ahead of time -- what I think is very awkward -- and part of it is the public's perception of that -- is to say, for example, in what you're talking about, this item is number four on the list of items for tonight and you're going to hear all these other ones, everyone sits in the audience and they hear the debate and discussion and we get Item 4, you recuse yourself and you walk right to that podium and make a statement. I don't know that the public perceives that it's going to receive the same weight as everyone else's. So, that's a perception issue, that's not necessary something you can fix. But that's something that would be a good conversation up front on how do I address this. I do want -- I want to speak on it, you have a right as a citizen to speak on it, you have a right as a citizen to make sure it's clear I'm not speaking on behalf of myself as a commissioner, I'm speaking on behalf of myself as an individual. I live there. This is why I have an interest, whatever that is. We would just like to have the opportunity to provide some -- some guidance maybe on how to make that to make sure, again, it doesn't feel like, yeah, you might have stepped off of this one, but, boy, everybody saw you before and now it doesn't feel quite like it's the same as everybody else and it's tricky and we have had that come up a couple of times over the years and that's usually what we have tried to talk through is how do we make sure that it doesn't appear to create greater value to one person for everybody else in the room. Yearsley: All right. Thank you. De Weerd: Did anyone else have a question or a comment? Nary: So, here we talked about open meetings, public hearings, and the decision. Okay? So, again, the open meeting we all know quorums are required, public notice, no sequential meetings and meetings are open to the public. All of that, you know, sometimes can get very tricky and over the years -- the way I have tried to advise folks on that is you have to ask yourself is this a meeting and what that means is under the code is this a meeting of the body with an intent to deliberate to make a decision; right? It doesn't mean you all went to the BSU game -- although I have never been to one. I guess people do go to those things. You all went to the BSU game and somebody said, hey, that -- we got that hearing next week, that's going to be a real bear, is everybody ready for that? That's not a meeting. You know, you didn't deliberate on anything. Well, what I would be concerned with if you had a quorum of people at the BSU game and they said, you know, we have got this hearing next week on this subject, what do Meridian City Council Meeting Agenda March 6, 2018 – Page 18 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 14 of 48 you guys think? Have you read the stuff? This is really concerning. Now it wasn't ever supposed to be a meeting and now we have it into a meeting. So, we have always advised avoid that when you can. Don't create an appearance that, again, the conversation is occurring outside the public's view. The whole purpose is to have that very conversation in the meeting on the record in front of everyone. So, those kind of issues are really critical on how we can defend that we, again, we didn't make this outside -- and, again, to answer the sequential meeting, what that's trying to do is get away from -- and this happens -- don't kid yourself, this happens in a lot of places, because I hear it -- one council member will call another and say what about this, which is fine. Then, council member number two will call number three and say one and two of us think this, what do you think. And all of a sudden they have all had this conversation, all of it fairly innocently or they believe and yet they have really made a decision and really kind of vetted it out without anybody seeing it. We discourage it. It's not really what the code entails and I think at some point we are going to get more specific case law about it, but it does exist out there. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sorry to interrupt. Bill, wouldn't it be better just -- the clear direction is never ever do that. Nary: Yes. I mean it's just -- yes. When asked I always say don't do it. And, again, the reason is that's the easiest way you could have for me to defend it. We don't do that. That -- you know, if that doesn't go on we don't have that happen. Again, a decision on the transcribable record. Again, that's a clear concern, a requirement. You know, we do have a transcription of our meetings, which really helps, because we don't have to go create that later. So, that's another thing that we in Meridian do that I think is a more efficient use of our resources by doing that. Again, the Attorney General -- that's an old picture of him. That's not how he looks today. But we were classmates, so he's not going to be too upset with me. But, again, the whole intent is having the meetings in the public, making sure the public has an opportunity to hear what the discussion is. A few -- a number of years ago I was involved in Leadership Meridian and we did a government day and we did something like a mock hearing and a mock public hearing and when we got done the folks in the class were like -- they were supposed to be city council members or commission and they are like, oh, where did we go to talk about it? It's like right there. Right in front of everybody. Right in front of all the people that are really mad at you two seconds ago, you need to tell them they are wrong or you disagree or whatever you want to say. But all of it's in the open. There is no secret ballots or any of those things. And those things are really difficult to do, but that's the reality, that's what the courts and what the law requires us to do. Again, all of things -- noticing and all of that stuff we try to take care of up front, so that you don't have to worry about that. Again, occasionally, it does come up, so we do, you know, have to -- sometimes, whether it's Madam Mayor or the chair of the Commission say we are going to have to raise this issue up now, because this has come up, we want to make sure Meridian City Council Meeting Agenda March 6, 2018 – Page 19 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 15 of 48 people understand this notice was proper, this is why it was done -- thankfully it's not snowing this year, we won't have as many of those as we did before. Again what's a meeting? Like I said, whenever that question has come up to us or to me, that's my first go to. Was this a meeting. Again, talking to someone in the hallway is not a meeting. Going to AIC is not a meeting. Going to have lunch together -- a couple of council members -- is not a meeting. Those things -- that's not what the law was trying to do. But you can make it into one -- unintentionally I think most of the time -- by creating those things and like Council Member Borton said, you know, whenever possible just avoid that. You know, just avoid doing those things, so we don't have this discussion later on what's allowed or what's not allowed. These are -- yeah. I mean these are some examples we have used. Ex-parte info. Again, this is one of those that we are going to see more of today. I think the law is going to evolve greatly in this area, because there is so many more means in which for people to contact you and give you an opinion. Ten years ago, 15 years ago, there wasn't a whole lot of ways for them to talk to you. You know, they called your land line that was in the phone book or they showed up at a meeting or they wrote you a letter. You know, there wasn't a whole lot of ways of commenting between Twitter and Instagram and Facebook and whatever else exists out there today and will be here tomorrow, there is a lot of ways to get that input. Again, it's always the best advice I can give you is direct it to the record. Send it to the clerk. Make sure it gets in the record. Again, to assure the public you have heard them. You're assuring them this is part of our record, you know, because you're going to read it, that's a given, we want to make sure it gets included, so that it isn't only one person that received it, but everyone has the benefit of it. But I can definitely see it's an evolving area. I know the other municipal attorneys -- the last few years all of our meetings -- there is always a section about how do people deal with all of these different methods and means in which people contact folks and have conversations that never existed a year ago or three years ago. So, I know it's going to evolve, but whenever possible send it to the clerk, get it in the record, then, at least you're covered that way. And, again, the Idaho Supreme Court has talked about this in the past. Again, when the governing body deviates from the record, essentially conducting a second fact gathering. So, again, at any cost always try to get it back to the record. That's your saving grace. That's your shield you did it right. So, what if you do it wrong? So, the open meeting law is not only, if violated, is the action void, it potentially is criminal that you can be charged criminally for doing it. What's the remedy for that? You can always do it over. So, never -- in my opinion -- and this is -- this is my -- if there is a question of the open meeting law being violated, do it over. It's the safest method to fix it. Because there is no penalty and nothing bad happens if you do it again. If you want to hold tight that we didn't do anything wrong, it's perfectly fine if you didn't. The problem is you may not always know until the court tells you later you did it wrong and, then, you got to do it again. So, if there is any question that it wasn't noticed properly, there was some action that was done improperly, there was anything tainting to this record, it is safer and easier to do it over now than to do it over later. It doesn't come up very often, but, you know, the occasion we have ever had it since I have been here we have been able to fix it and address it and I always -- I always address no one in my opinion -- and I think AIC's counsel would agree with me -- should ever get charged with this, because you Meridian City Council Meeting Agenda March 6, 2018 – Page 20 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 16 of 48 can fix it before anybody gets charged with committing a crime, you can just do it over. That's what I would do. Item 6: Running Successful Meetings Hood: That's it. So, we are going to transition, then, to Item No. 6 on the agenda. So, that was ex-parte communications, open meeting laws. So, if there was any further clarification or questions -- if not I'm going to go through successful meetings. I'm not going to read the slide to you, but just to highlight a couple of things. Under four, subsection five, take -- the taking notes part. I know some of you are better than others, maybe, and I'm not the best notetaker myself, but, again, to kind of circle back on the question of making it in the record and the findings and conditions of approval, if you're the motion maker it sure would be nice to have those notes and say I heard the applicant pledge to do this, that, and the other thing, that's part of my motion. You know, if you had it written down, that's certainly going to help. So, not a requirement, but take some notes, maybe jot them down of, hey, I heard the applicant say this or I heard -- I really picked up on Joe Blow wanted a fence there and I'm including that, that this needs to be this type of fence instead of that type of fence. Whatever. So, that -- that certainly can help. Not necessarily with the meeting proceedings, but post meeting and, again, the record. Cavener: Madam Mayor? Hood: And feel free to ask for clarification. That's another part -- De Weerd: Caleb, hold off for a sec. Mr. Cavener. Cavener: Madam Mayor, a question for you, Caleb, or for Bill. If we are taking notes on an application, doesn't that become part of the record and, if so, how are we supposed to be delivering those so those -- the record is being reported? Nary: I don't think -- let's take that first. So, yes, but it's a transitory record. So, again, if you're making a record, for example, that you're just a -- okay. Let's say you're taking notes, they talked about a fence, they talked about this, that, or whatever, so I want to make sure I include that in my motion, that's the transitory record. We have in our recordkeeping -- or our record retention schedule those don't have to be retained. So, those are fine. But if -- if there is something beyond just I'm trying to keep track of all the various testimony and something more than that, then, I would definitely ask the Council or staff in a meeting, you know, is this something we need -- I need to get to the clerk or is this something I can just throw it away. Hood: Just the other thing that I wanted to highlight on -- on this slide in particular is sort of number five. It's also sort of -- during the public hearing, you know, actively listening and asking questions. Sometimes an applicant or anyone in the public can bring up something that they are considering in either their proposal, their project. For example, someone says I need a hundred lots if I'm going to make this project -- if I'm Meridian City Council Meeting Agenda March 6, 2018 – Page 21 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 17 of 48 going to make money and not lose money I need a hundred units. I paid X for the land, it's going to cost me X to develop it, here is how much it costs me to build the house, I can't lose those five lots. I'm not going to make money. That's not something that you're concerned with. That's not in the UDC, that's not in the comp plan that a developer makes -- you know, that's not our concern when we are looking at the project. So, not that they -- they can't tell you what's going to pencil out, but I would advise you against asking them, hey, if we were to lose four lots would your project still pencil? Can you -- are you still making money if we -- instead of five lots if you lost four will you still be there? That's the -- those are the types of questions that can get us into trouble - - those lines of questioning. Now, again, if they said -- you know, if they just disclose that in their presentation or in a question saying I need this many lots to make it pencil, you could ask clarifying question about that potentially, but you shouldn't base your decision on whether or not someone is making money or losing money. That's their -- they don't have to go forward with the project. So, that's been brought to our attention recently and, again, I don't know if that helps or not, but I would just -- you know, money -- I'm not saying money is not an object. It is. But it isn't our primary concern when dealing with -- with land use applications, so -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Caleb, I know a couple times we have asked like what price range, especially when we have been dealing with apartments, not so much to know what the developer is going to make, but to know kind of -- what we are -- we are looking at, what their view is. Hood: And Madam Mayor, Council Woman Little Roberts, I would -- I would advise you against asking those types of questions as well. The Fair Housing Act, those types of things, we should not be asking, you know, how much are you going to charge, who is going to live there, you know -- now, they can offer that. I can say, hey, my houses are starting at 250 or my rent is going to start at 1,200 or whatever. But, again, I could read into that -- if you're asking the question and you're thinking, oh, is this low income housing, oh, you're going to be subsidized or that -- we don't want those people living there. Just based on the question itself we could potentially be liable depending on which direction, you know, it goes, either way I guess. Again, I would advise not to ask any questions and I'm not -- I'm not the attorney, but I would -- I would highly advise you from asking questions like that. We do have -- in our code we do have requirements for a certain minimum square footage in a couple of our zoning designations and that's a fair question, you can even ask who the building teams are going to be. But I would -- I would, again, advise against price points. They can -- they can give that information, I just -- I wouldn't ask it. Little Roberts: Thank you. Meridian City Council Meeting Agenda March 6, 2018 – Page 22 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 18 of 48 Hood: I didn't -- it's been on this slide for a while, but, again, I don't feel like I need to read that to you. I don't feel like our -- either one of your meetings are unsuccessful, but just give you a refresher. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, we can say is this going to be a Hubble or Corey Barton any -- whatever building team. Hood: I don't have a problem with that. Palmer: I mean we have asked that and so -- I mean sometimes it's super obvious and I have really wanted to ask, but -- Nary: I guess the only -- the only issue I really have is, again, everything all of you ask, react, don't react, pay attention to, don't pay attention to in the course of a meeting, means something to someone. So, I don't know if the intention of asking that is a good thing or a bad thing and so I think asking about the type of development and the quality of the materials and the type of materials and those kinds of things are very fair, because what it looks like is one of the things you have to consider, but all of those developers -- we have developers -- and I can name a dozen of them, like everybody else here probably, and they build a variety of different products, all different price points, all different styles, depending on where they are building it at. So, I know what -- I know what I would mean if I was asking that question in Meridian of a particular developer, but, to be honest, the developer could say, well, I build a different thing here than I build over there versus over there -- I don't know what -- you know, is the matter. I think it's much fairer to say, well, what's this going to look like? I mean, again, you showed me a picture, is that what you’re meaning? Is this -- is this what you're going to build, because oftentimes -- or not often, but occasionally it doesn't look like the picture and so that's a much fairer question, because that gives you a better sense of types of housing, diversity of housing, sizes, different quality levels of construction, those kinds of things. But, yeah, I mean I don't see anything wrong with that, I just -- I have a feeling at some point someone is going to say, well, what do you mean by that and that's hard to articulate in a meeting. Hood: And just -- Madam Mayor, I -- just to piggyback on that a little bit. Depending on the answer, my concern would be if you denied a project, potentially, because of their answer, then, I think maybe we have some problems with that. If they said, oh, it's a builder you don't like and you made the motion to deny it, now are we -- and, again, we talked about discretion already, how much discretion do you have, but that's probably not a very good reason. If you're back to the types of materials and what it's going to look like, that's fine, but if you say I recommend it now, because that's your builder -- that doesn't make me super comfortable on a reason to deny a project. But if you're just Meridian City Council Meeting Agenda March 6, 2018 – Page 23 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 19 of 48 trying to find the information about the project, that's fine, but I think that could be taken too far, but I'm not -- De Weerd: So, Caleb, you -- when they show you elevations, those are part of the findings and they are what you look at when they come in for a building permit, because it hasn't always been that way. We will see a product at City Council and, then, see it get built and you think that's not what we looked at. Hood: Yeah. Madam Mayor. So, what -- what you typically see or -- is a collage of different types of houses and sometimes they can be very different architecturally. I mean all over the place with, you know, style and materials and everything. A lot of residential builders anyways. Yeah. Generally we have design review for all commercial buildings and industrial buildings to some degree and so we can -- we do a very good job, I think, of making sure that what you see for a commercial project is, essentially, the same. For residential we are primarily looking for those lots or the buildings that are on arterials or collectors that are next to common lots and that's where we look at, again, what's in the record, what did they propose to us. But that, again, you're looking at six or eight or ten or 12 different homes and we are looking at something on a set of plans in 2D and a picture of something in 3-D going, well, it's got that from that one and this from that one, but here -- just as an example, if none of the houses they showed had, you know, six inch eaves and now what we are looking at is a box with six inch eaves and we would go, eh, this isn't -- this isn't what you -- the spirit of the elevations you showed us. We aren't expecting them to build that six -- same six houses 200 times over again, but, again, there is things we pull out of that when we are doing our informal design review. We generally -- we say generally those are consistent with the elevations presented. I do want to clarify, though, we do not have the staff resources -- we do over a hundred single family permits a month -- to go through every single lot and make sure that they are exactly the same as what was presented. But we do -- I think we still do some -- some spot checks, but, again, we are primarily concerned with those homes that are most visible to the general public on collectors, arterials, or if you are adjacent to a common open space and I would defer to Bill a little bit on -- if there is a percentage of the hundred or so that we get a month -- I don't know how many of those we actually look at and do the full review and I don't know -- sorry to put you on the spot. Do we know approximately how many that is? Parsons: Madam Mayor, Members of the Council and Members of the Planning and Zoning Commission, I would probably speculate about ten percent. If you recall, Caleb came before you -- I don't know -- what, about six months ago and asked the Council if they wanted us to continue to do that -- take that effort on and it was unanimous -- unanimous that you wanted us to do that, so what we did -- or what we do, just to let all of you know what we do, is we, basically, when a subdivision gets recorded and we address it, we generate what's called a building restriction form. So, on that building restriction form we go back to our approved findings and we verify which lot and blocks are adjacent to those arterial collector roadways and common lots and, then, we put that as a condition -- a special requirement on that building in restriction form, so our building division team knows -- they route every single family home to us, so right now Meridian City Council Meeting Agenda March 6, 2018 – Page 24 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 20 of 48 we have dedicated staff that look at those and pull up those building restriction forms. So, we look at every single one of the single family homes that come into the office, they are routed to us from building, and, then, we open that building restriction form and we verify whether or not that requires us to scrutinize that elevation or do that informal design review. If it is, then, we do open up the elevations and we actually stamp them approved with our stamp, that we reviewed and approved them per that building restriction form. If it's not one of those lots and blocks, we just sign off on it to comply with the building restriction form and we don't stamp the plan. So, I say -- I would -- I would guess it's roughly ten percent. De Weerd: Well, that's helpful to know and if you need specificity in what we are -- we are thinking we are getting, that probably should be part of the motion, because I sat in the same living room you did with some neighbors that were looking at a product that wasn't what was expected and that's -- that's difficult. So, it's not just what we are thinking is going to be there, it's also what the neighbors are thinking are going to be there as well and if there needs to be more specifics in some regards, that would be helpful to know what kind of specifics you're looking for. Nary: And, Madam Mayor, you know, we have had a lot of -- we have had lessons learned about some of the projects from some of the developers from those unfortunate circumstances where -- De Weerd: We have learned. Nary: -- if someone gave us three examples of what they build and what they really meant was one and they built one house over and over and over again. But, again, we have dealt with those folks in subsequent ones and we have also had a very good relationship with our building community to be able to -- to be able from the staff side say Council is going to want more than that, you know, or the staff is going to be telling the Commission or the Council, well, we are not getting a real commitment on how this is, so you folks need to help us get them to understand they need to make a commitment to what they are doing, so that we don't have that situation reoccur where someone tells us I'm going to build 12 different types of housing products, but I really, really meant one, because it's easy to build one and so we have had -- De Weerd: You must have been in the living room with us; right? Nary: I think I sat through a few of those, yes. Bernt: Madam Mayor? Madam Chair? De Weerd: Mr. Bernt. Bernt: Question for Caleb. Just a point of clarification from you guys. So, it probably -- if I'm reading what you're saying -- wouldn't be a good idea to maybe ask what -- who the building team is. Meridian City Council Meeting Agenda March 6, 2018 – Page 25 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 21 of 48 Hood: Madam Mayor -- De Weerd: Yes. Hood: -- Councilman Bernt, I'm not necessarily advocating for that one way or the other, I'm just saying I don't think there is anything improper about it. To the Mayor's point, though, if you want to hold them to that builder or a team of builders or a certain elevation, an explicit motion saying, okay, you said it's going to be -- you know, these are your three builders, you can do more than what -- what Bill just outlined and reviewing setbacks and that and forwarding it on. I just want you to know that is some effort on our part, though, it's not like we review all hundred lots in a subdivision the same day, one may come in and, then, two weeks later another lot comes in and, then, through -- we are constantly having to retrieve the record -- find it, retrieve it, review it and sign off on it and on -- I don't know how many subdivisions are in process now -- a hundred, you know, so finding that. So, we can do it. It's possible. I would not want to do it for every project, though. I mean if you have concerns or certain restrictions, again, we can accommodate that here and there, but as a general rule to -- to require us to look at every single family -- I need two new planners, please -- Nary: And I will add onto that, too. The other thing I guess that is concerning at all is, really, what the Local Land Use Planning Act is there for is to have this dialogue with local government, to, then, entitle a piece of property to do something, with or without restrictions, whatever those restrictions are within your code, so that anyone can build it, not that -- so that Fred could build it, but that anyone can build it, because the person who is standing in front of you may not own it tomorrow. He may be entitling the property and selling the property and so everything that you are trying to do up front is to make sure that whoever gets this development agreement can, then, build whatever it is you have required them to do it, doesn't matter if it's this company or that company or whatever, because that's really where all the entitlement process is is in what's allowed, what's going to be allowed and not allowed on this property no matter who owns it and no matter who builds it. Item 7: Ethics – Perceptions can be Reality Hood: Moving on then -- and I don't know that I will even read this, too. It's been up -- been up on the screen for a little bit. I will do just the last couple of bullets. Remember that you're on the record and it is the record and it's a discussion, not a dialogue, with staff for the public and, again, I don't have any -- I haven't seen that be an issue with this back and forth from -- from the audience, but you can ask staff questions when you're deliberating or even during the hearing. Everything, again, should work through the chair. That goes from the public, staff as well, work through the Mayor or the chairperson. Borton: Madam Mayor? Meridian City Council Meeting Agenda March 6, 2018 – Page 26 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 22 of 48 De Weerd: Mr. Borton. Borton: A comment on this. This applies to the recommendation process as well. I know the -- the minutes of the discussion and dialogue at the planning and zoning level and review of the minutes is extremely helpful to see what types of issues rise to the surface that are of greatest concern. So, it's both parts of the process. It's very helpful. Hood: Again, I don't know that I need to read these to you, but we are going to follow the code. We aren't going to advise or direct or figure how to work around the code. The code is pretty black and white and that way consider all the evidence generally, as Bill Nary was saying, it's a level playing field for everybody, consider everything that you're presented with that evening. We will help you make a good record, but especially when it gets -- if there is a recommendation or an action for denial, you know, those ones are especially important I think to state why you're denying something and what maybe they could do to gain your approval if they came back with something else. The written findings and inclusions, we will handle that for you. Lawful conditions. Again, we talked about that. It can -- they can potentially be off site, but we will help you if you seem to be getting off track with something that maybe doesn't seem applicable to a project, so -- and, then, yeah, quasi-judicial. It is court like. So, kind of think like a judge, act like a judge, and decide like a judge. We do trust you to make those decisions, so -- so, one of the other things that -- that I wanted to just touch on real quick. De Weerd: I thought Bill was asleep. Hood: I know I'm long sometimes; right? And we can certainly stand out -- illegal, unethical, immoral, whatever it may be that violates our rules of contact. I'm just going to read one to you. We shall not -- as public officials or employees, agents, planning participants -- if the discussions relate for which binding termination of such private communication are prohibited by law or by rules, procedures, or customs. Yes, they are that dry, but they are pretty black -- it has a voice regardless of how they got here, who they are, where they are, that they are considered. Again, some of the things that we have talked about before, so -- but, again, if you're interested in -- in anymore in what I am charged with doing as a certified planner, I would encourage you to contact me -- it's not just about ethics, there is other stuff, but I can share some more about our profession with you. So, again, Mr. Nary, do you have anything more you want to add than what we have already covered? Nary: No. I think that -- I guess the other thing I would ask sometimes from the staff's perspective is although the planning staff and legal staff are the subject matter experts over here to help make this the best -- you folks up there in those seats can help educate our public, because they don't always get it and all of you know this. You have sat through enough hearings to know that they are raising issues that you cannot -- I hear you, but that's not ours and this is why it isn't ours and this is what I can do and we try very hard, but it means so much more when it comes from you than it does when they hear it from me or they hear it from planning. So, there are times that, again, you Meridian City Council Meeting Agenda March 6, 2018 – Page 27 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 23 of 48 folks understand the process greatly as well and whether it's something as simple as, you know, we have had folks in front of you saying they are really offended that someone is asking to amend their development agreement. Well, that's the process. That's how you do it. I mean there isn't any other way to do it differently. And so helping them understand that that part of it's okay. Now, tell us why you don't like it. Don't tell us why you don't like it because they are asking, tell us why you don't like it because of how it might impact your life. You know, same thing whether it's a comp plan or something else. So, educating the public from the elected officials really is powerful and meaningful to the public, because you're -- again, you're speaking to them and helping them understand part of the process. That's what we try to do in legal. That's what planning tries to do. Understand that it's just part of the process. Everybody gets heard. Everybody gets a voice. It's doesn't mean everybody is a winner. It doesn't happen that way. But that's another piece that I think would be helpful sometimes -- and, again, I'm not saying anyone does that, but I'm just saying we are trying to educate folks and I think it means even more when you folks do that. Item 8: Zoning Designations Evolved Hood: This is kind of a hard transition back to Bill Parsons, but we -- I will just reference the handouts that I sent out early in this presentation. This one might help as Bill speaks. The next couple slides. Parsons: Mayor, Council, Planning and Zoning Commission, if you recall a few years ago -- maybe about a year ago we came through and we proposed a UDC text amendment to you and you approved it where we actually took our density -- maximum density requirements out of the UDC. In Caleb's opening introduction in tonight's hearing this evening he made mention of this handout and how it is a tool for you, but it's also a tool for our community, so that they can understand how the future land use map correlates with zoning their property. It's a tool we use for neighbors. I think all of you can agree, you have had neighbors come and testify and say I went down to planning and zoning and talked to them and they told me that was going to be low density and now someone has come in with a comp plan change for mixed use community and we were told this from our real estate agent this was going to be low density residential. So, again, Brian did a great job when he put this -- this summary together and I really want to talk to you about what -- what's going to happen with us taking that maximum density requirement out of the code. So, right now in our zoning ordinance -- and that's what the bottom bullet point is -- residential is just that, it's a residential use. In our code we have what we define single family detached, single family attached, but what's really driving the density is what the comp plan says now. So, we are letting the comp plan drive the density and we are letting the UDC drive the dimensional standards of that zone. So, when you hear an R-8 or an R-4 development when it comes -- when we share that with you in our presentations to you, an R-4 development means an 8,000 square foot lot and a 1,400 square foot single family home and an 1,600 square foot, two story home. When you hear an R-8 development that means a 4,000 square foot minimum lot size and, again, a single family home or possibly a single family attached or townhomes. But when we talk about -- give you a Meridian City Council Meeting Agenda March 6, 2018 – Page 28 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 24 of 48 quick synopsis of what an R-8 means -- our medium density residential means in the comp plan, it has a broader meaning; right? It's three to eight dwelling units to the acre. Sometimes it's on the low end and sometimes it's on the higher end and so I know a lot of times that we hear from the community, we hear from residents that they are still -- when they hear R-40 they are still under the impression that that means 40 units to the acre and the reason why we put together this information for the community and for you is we as staff -- yes, technically under the way the code is written today, someone could come in with an R-40 zoning and do an R-4 development. There is nothing that says they can't. Zoning, again, means dimensional standards. But what we are going to guide them to is this document in our comp plan that, well, R-40 isn't the preferred zoning for a medium low density residential development. R-4 -- or R-2, R-4 or R-8 may be the appropriate zone. So, we are not going to support your request for an R-40 zone on this property, because it makes no sense. We want to make sure that with annexation requests and subdivision requests that we get the appropriate zoning to match what we envision on the comp plan so that that vision is shared with the community and you as well. The other thing -- and I think the Mayor has mentioned this on a few occasions, the reason why we took that out of the code is because, one, we didn't feel we were getting the densities that we were looking for based on the zones. So, for example, an R-8 we were never getting to that density requirement in the code. We were never getting eight dwelling units to the acre because of our open space requirements and our roadways that we were requiring. The connectivity issues. So, that was one reason why we took it out. But it was also meant to give the developer a greater flexibility in providing a mix of housing types within the development and I think all of us can agree in this room, though, we haven't seen that transpire yet. We are still seeing a lot of R-8 come through or we are having R-8 zoning, but we are still getting R- 4 lots. So, again, we have to figure out how to kind of maybe fix that as a team, as a group. If we want to -- to even try to tackle it someday. But I at least wanted to bring that to your attention that, again, as residents come in it's our job to educate them to tell them that R-4 doesn't mean four dwelling units to the acre. R-4 means an 8,000 square foot lot with 60 feet of street frontage and a minimum home size. So, that's really what I wanted to convey to you with this slide this evening. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mayor and Caleb, in our liaison meetings for a year we have talked about this dream of having the -- the names of the zoning changed. What would be the process to make that happen and we would all add years to our lives if they were named different. But would it take years away to get to the process? I don't know. Caleb: So, Madam Mayor, Councilman Palmer, we have discussed that a little bit with Mrs. Kane in Legal and it's possible. There has just got to be a huge education component. It kind of depends on what -- what we are trying to do if we got rid of the R- 2, R-4, R-8 and say we went with an R-1, R-2, R-3, R-4, R-5. I mean I don't -- none of them really means anything just when you look at the name anyways to me, but like Bill Meridian City Council Meeting Agenda March 6, 2018 – Page 29 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 25 of 48 was just saying, people have gotten used to associating the R-4 with four dwelling units per acre or R-8 with eight dwelling units per acre. Or if you went with an R-A or an R-B or an R-C, we still got to explain what the A and the B and the C -- what's the difference between an A and a C. Is C higher than an A? Is an A higher than a -- I mean I don't know that people are going to still do -- I want everything R-A, because I think that's the lowest density and R-D is -- oh, that's high density? I don't know what you would get. So, to answer your question we could do it, but at this point the city, as far as land mass goes, we are halfway annexed and zoned, the other half is still unincorporated Ada county, but we have a lot of people that we would affect. You know, 30 some thousand households where we have changed their zone code from an R-8 to an R-C or whatever and they are going to go what does this mean? We could explain it, but that's a lot of work. We thought it would be simpler, as Bill mentioned, just a couple of years ago, to take any reference to density out of this. But we have people that have been around and it used to be that R-4 did mean up to four dwelling units per acre and R-8 did mean up to eight dwelling units per acre. So, what would it take? It would take a lot of things, but the biggest thing to me is education. But we could do it with a UDC text amendment. We could change all the zoning districts. I think when we are going with Ada county and assessor's office and, you know, we have to change all the zone codes and all that, but it's possible. It would be our campaign, too. Palmer: Madam Mayor? Caleb, did -- when -- when was it that the densities were removed? Parson: I want to say 2016. Hood: It hasn't been two years. So, it's relatively new. Palmer: Even though it's barely been any time have you -- well, it would be way too soon to be able to know if there was any kind of a reduction in -- in confusion based on that as new people, but -- Hood: Honestly, Madam Mayor, I don't think there has been a reduction. Palmer: Do you think there ever will be? Hood: So -- I mean that was our intent. I don't -- I'm here to say we have been successful in that. But if someone were to do their own investigation and look at the UDC and go R-8, what does that mean, there is no way they would come to a conclusion that says R-8 means that this developer gets to do up to eight dwelling units per acre. De Weerd: And I don't mind necessarily if the R-8 means it's eight or less. But right now people are using the R-8 for the dimensional standards and setbacks and -- and it's -- they are really proposing an R-4 with R-8 setbacks and lot sizes, so they can be more creative in some areas and so I think transparency wise to the public I like that the R whatever indicates a density, but it needs to truly reflect that density. If you go for an R- Meridian City Council Meeting Agenda March 6, 2018 – Page 30 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 26 of 48 15 and you're really getting seven per -- per acre, it -- they are using that -- that R factor for other reasons other than density; right? Hood: Yes. And, Madam Mayor, I mean just the way we look at that, though, I mean if you -- we were really relying on this case on the future land map. You know, if you're low density and you're asking for an R-8 or an R-15 -- no. Low density. So, we really are looking at on the ground lots. What is your density with the comp plan. The zoning we are looking at the lot dimensional standards for frontage and setbacks. The problem that we are going to have -- I mean I see what you're saying. That makes a lot of sense. We don't want to spot zone these, because a lot of times we will get some -- a development that largely is R-4 lots and they got two lots over in the corner, they can't make the frontage requirements or they are just below 8,000. So, they zone the whole thing, you know, the less restrictive zone. We don't want to zone every other -- you know, this is an R-4 next to an R-8, next to an R-4, next in an R-2 -- I mean that's going to be a nightmare for everybody if we -- if we do that spot zoning type of thing. We hear you. Maybe we will -- I don't know a different way we could skin this cat, because it's certainly not perfect now. Milam: Madam Mayor? Caleb, I think this is great. I don't see why -- I guess I -- I mean I'm either missing something, but I think that on this document it's very clear, it tells exactly what you could expect it. You're calling it low density, medium density, I don't see why that's bad. Somebody help me out. Hood: Madam Mayor, I can just clarify. I mean this is new. This is a new document we put together, because there was so much confusion and we are trying to educate people. So, maybe we just -- we just don't have enough time to really know if people are getting -- getting it or not. Milam: It's great. Hood: But that's what we are trying to do is educate, so you can't -- it's not a one for one. It's not because you're low. This is the exact -- or even if you're asking for the zone, this is how many lots -- De Weerd: Or they pull up your -- your comprehensive map and they see green and, really, the proposal is yellow and you're not seeing yellow, that's the confusion. Hood: Madam Mayor, we are going to talk about that kind of at the end, too, a little bit with -- De Weerd: Okay. I keep jumping -- Hood: No, you're fine. You're fine. De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda March 6, 2018 – Page 31 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 27 of 48 Palmer: And, yeah, this is awesome and maybe we use this as a test for seeing if we can train people. I mean because, Councilman Bird, until the day he retired, would -- you know, would see R-8 and even though he was here, he knew that's not really what it means, it was I hate R-8. It's like that's not what it is, though. It's going to be R-4 houses. It happens to be R-8 dimensional reasons. So, I think -- because this is so awesome, every time we are going to have a meeting where we know that's what's going to be talked about for six hours at the podium, we have it on the TVs before the meeting and copies of this in the back to try to help people understand as much as possible before and we even point it out saying, okay, everybody look at the graph, because this is what this really means. It doesn't mean this. I don't know. And, then, maybe give that two years. Hood: Madam Mayor, I -- I don't know where everyone else is at. I don't think that's a bad idea. We could even put it on the -- you know, our opening slide with, you know, that night's meeting and we could have this up there. I mean it's more than land use. I don't want -- I don't want -- you have a lot of other things that you guys all talk about -- I'm talking to the Council now, not as much Planning and Zoning Commission, but -- but even at the Planning and Zoning Commission, seriously, we could put this as sort of our screen saver. You know, copies in the back. I don't want to -- I know there is a lot of handouts in the back and we need sign-in sheets and other things, but I'd like to put a couple of these documents back there. I do think they are good resources that -- that maybe do help -- you know, people are waiting to testify and they just go, oh, here is my talking points or not, so -- Palmer: Madam Mayor? The reason I mean I'm bringing this up so much is because I just would hate for us to get to 150 or 200 thousand population and still be spending hours talking about that's not what it means. That's not what it means. We promises that's not what it means. It's not -- and so that's when I'm like let's either change it now or make -- you know, find a tool like this as an -- as an educational way to see if we can help people understand better, because if it doesn't improve we have got to change the names, because we just waste so much time trying to educate people on the change. De Weerd: I don't know if that will happen, you know, if -- if it's the only time a development is going to happen around you, you still walk in without that background knowledge. I think you will always have an opportunity to -- to talk about it, because it's -- there is -- there is nothing intuitive about it. McCarvel: Madam Mayor? De Weerd: Yes. McCarvel: I -- I think to the average person who doesn't spend much time in the nitty gritty of zoning, I think this gives a beautiful picture overall what to generally expect and I think to get into, you know, lot sizes or try to -- for the people who are not in it every day and try to label something so definitively, I don't know as -- it gets us to a point -- I think this is a good general overview and tells people exactly what to expect. Meridian City Council Meeting Agenda March 6, 2018 – Page 32 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 28 of 48 Hood: Thank you for that feedback. Madam Mayor, I said we would talk about this later, but maybe this is the best time to talk about it and it's been something that's been talked about in recent letters to the editor and in public hearings and other things. There is a note at the bottom here and I think this is some of -- there is already a range built in this preferred zoning and I think people expect, again, if it's green I'm expecting an R-2 or an R-4. In our comp plan, though, right now we allow a step up or down and that's the next -- the next slide I think. But, really, people look at this and, then, they go how did they -- they are green, but how do they even get to ask for R-8 then and why are you supporting it as staff. That's the disconnect. I mean where you really get away from, you know, it not being straightforward or logical or what -- you know, it's not intuitive I guess is the word you used. That creates this -- well, I thought I understood and, then, now they are asking for this. How do they get there, you know. And so that's where I think we really need to evaluate with our new comp plan is the time for the step has probably come and gone and that's where I think we get a lot of the -- you know. And I'm not -- we have got to talk about that, you know, this whole process. But, really, my -- what I'm coming to the realization of is, yeah, there is some R-8 projects that are really three and a half dwelling units per acre and that causes some people to go, what, R-8, that's -- because the actual plat is three and a half. Look at the actual plan, not the zoning, but -- so, again, the step takes up the next -- to the next level, though, of potential confusion and a guide to zoning, to a step, and how does that all interplay. So, I will let Bill do the step up, step down slide. But I think that is -- causes a lot of confusion to people that even understand the last slide, then, you go, oh, there is a step they can do, too, so -- Parsons: Yeah. Perfect timing, Mayor. He hit it right on the head. That's what we wanted to try to -- I think we want to get that feedback from this body and see how -- if we want to continue -- because this little -- one little sentence is buried in the comp plan on page 21 and we -- we seem to be getting it more and more over the last -- we have seen it go both ways. We have seen the request for the step up and we have seen a request for a step down and I think all of you probably heard from Warren Stewart and Public Works is our sewer master plan -- all of -- all of our plans that we have in place, our CIPs, all of those plans that you approve as part -- as part of your legislative action is driven by that plan, by this map, and so density -- certain densities are calculated as part of that and so when someone comes in, even -- we could even throw ACHD into the mix and how they -- what road typologies play into it. How much -- how that impacts the roadways that we have in our -- in our community. When we are stepping down there is an impact. When we are requesting a step up there is an impact. Now, what we are doing now is we are analyzing -- we are doing some of that analysis in our staff reports, but, typically, if -- if we don't have that in process and someone wants to go moving forward, they are going to have to process a comp plan map amendment. Now staff is getting paid and the city is getting -- we are doing that analysis as part of our staff report. We are saying, yes, we have analyzed this with Public Works, we have talked with ACHD, we have talked with all our other partners, it still works under what we have planned or it doesn't. Well, right now the way it's structured, someone applies for it, they give us an area and they say, yes, we are requesting a step down and Meridian City Council Meeting Agenda March 6, 2018 – Page 33 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 29 of 48 Council can make that determination for us. But they don't do any of that work and tell us that and so staff is doing some of that analysis to provide a recommendation to both of you. And so I think to Caleb's point, maybe this has run its course and maybe it's not needed as part of the comp plan anymore. As I alluded to in the previous slide, again, neighbors are coming to the hearings and they are expecting a certain density. This is -- this is the map we went to on your website and nowhere does it talk about a step up or a step down. I haven't heard a lot of complaints about stepping down, I have only heard the neighbors coming out and testifying about the step up. But keep in mind the step up is going -- say if it's low density, one to three or three or less, it's going to the three to eight. And so, again, that's -- in planning's world that's not much difference in density. But it's that perception where the neighbors are visualizing -- I can get up to a unit of the acre, I can get homes that are six feet apart from property lines and it goes back to a lot of the points that we always try to stress is it comes down to how you design it, to really -- to me that's what we have always talked about in front of you as we brought these changes to you, is it really comes down to the design and the amount of open space in the amenities that you provide with your development. If you are just going through the motions and trying to get maximum lots, step up isn't appropriate. If you are coming in with something where you're clustering homes around a central open space and you're creating -- having a nice amenity package, a clubhouse, a pool, whatever we see fit, then, again, we can have that conversation and say, yes, there is -- again, we are going back to findings. Is this in the best interest of the city to approve something like this. Anyway, enough on that. But we certainly want to have your feedback to see how you guys feel if this step up is still appropriate or not and like Caleb mentioned, we will probably take it under consideration for the next -- Hood: Just -- just one more point I want to make on the steps. Maybe two. But looking at the future land map, which is on -- on there now, if you take the yellow, which is medium density residential, that's 30 percent of the city maybe, 35 percent of the city maybe with that designation. The green and the yellow, then, you're at 70, maybe 75 percent of the city. I mean roughly. Brian could tell me exactly, because he runs the numbers. What I want to go back to then -- let's just take the yellow; right? MDR. The range, just with that color, is three to eight dwelling units per acre. The city is telling me I can step up to 15 or down to one. All of a sudden that yellow is meaningless. I can go from one to 15 dwelling unit per acre. What does that tell you as -- as an adjacent neighbor. What are my guarantees. We got 30 percent of the city that's the yellow. Even the green, I can go from one to eight. It’s a huge range. De Weerd: I think you're preaching to the choir. We don't like this. Hood: So, just one final point on -- on this. It's not official yet, because the resolution isn't done, but for the Planning and Zoning Commissioners, last week or two weeks ago the City Council did act and there is actually a third one here where you can't do the step anymore and that's in the rim area. So, that isn't official yet, but -- but that's in process. So, just so you know that there is an area in the Comprehensive Plan where you won't be able to step up anymore after the resolution is done. Probably next week I think, so -- Meridian City Council Meeting Agenda March 6, 2018 – Page 34 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 30 of 48 De Weerd: Council or Commission, do you have feedback on this step up or down program? I think -- I can remember one step down. All the rest have been step ups. So, any comments? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Maybe instead of a step up between the full range of the colors, a step up to the lowest zone within the next range. Nary: And maybe to add to what I think Caleb alluded to and for those who don't know, but that whole step up came about because it was very hard to amend your Comprehensive Plan very often. So, that was the whole purpose of it. So, really, even with the requirement that there is no step up -- even if you have had a requirement there was no step ups but for amending the comp plan, that's just another piece of the process you have in front of you anyway. So, it wouldn't really restrict anybody, it's just another finding part of the hearing you have to have. So, it's not quite so onerous as it was 15 years ago where you could only amend the map twice a year. Now you can amend the map whenever you need to. Parsons: Yeah. Madam Mayor, Members of the Council, Commissioners, just to add on that, we have an internal staff policy that says if it's just a comp plan amendment, we are still going to process you twice a year, but if you have an actual development plan to go along with your comp plan amendment, then, we will take you any time of year, as long as there is a plat applied or conditional use or some kind of project that you are proposing that you want to get constructed. The other thing that -- that we didn't touch on -- some of that green on the map is because of what's currently developed in the county and it really is a placeholder and at some point we, as staff, or those neighbors, the individual property owner, will probably come forward and request a comp plan change and that's kind of the nature of what we do our business is we have a placeholder, it's one acre lots in the county, so low density makes sense; right? It's one acre to -- one unit to the acre. So, when we did our comp plan and we do our updates, we kind of do that. Again, we want the comp plan to match what's constructed on the ground and so some of that green is based on what's kind of transpired through the county and at some point -- I think Caleb was trying to take some of the effort on and some of the county residents and they weren't successful, but I mean that's -- that's kind of what we think some of that is going to happen, some of those changes. That green is going to change to either mixed use or higher density residential, something other than low density residential in the future. De Weerd: So, Bill, you raised a point that master plans are -- are really anticipating certain growth numbers and a lot of times that's per square mile. So, as we look at the Comprehensive Plan update and we start looking at some of these triggers to reconsider the densities, can you -- can you break those into square miles and as a Meridian City Council Meeting Agenda March 6, 2018 – Page 35 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 31 of 48 development comes in that we know what we are performing to? Are we at the anticipated densities or -- or not. And that's part of at least the conversation at the Commission and at Council to know are we -- are we hitting the kind of targets that we have modeled to? Hood: And, Madam Mayor, I might just handle that one, because we do, you know, coordinate and this is, again, kind of a continuation of recent conversations with Warren and others in Public Works. But sewer sheds especially, I mean we could report that on a per square mile basis, but a lot of the infrastructure is sized to accommodate the amount of ERUs, so we will get comments back from Public Works saying, hey, you know, we anticipated more than this, we overbuilt that, or we underbuilt this, we can't go up to R-40, because we don't have the capacity downstream to accommodate that effluent. So, we report some of that today, you know, again, based on your future land use map designation we anticipated this, you're asking for zoning at this density, how consistent is it. We might just have to have another conversation on what other information we are actually talking about and, again, we are going to talk a little bit more with others about even the first page or two of the staff reports and what information you would like to see just kind of right there front and center and what information -- you know, I'm just -- Brian and I were looking at it the other day and, you know, he brought up, you know, these motions, they take up a third of your front page. Do we really need -- you know you are either going to approve, deny, is recommend continuance. Do we need to have that on every single one of these. Couldn't more pertinent information be - - you know. So, we will have some of those conversations, but -- McCarvel: Madam Mayor? Yes. The last page would be fine. But somewhere in there. It doesn't have to be on the front. Item 9: South Meridian and Rim Areas Hood: But, anyways, the point was we are looking at reconfiguring even some of the staff report and making that -- you know, really getting you the key information within the first couple of pages. If there is other reports you want us to run about how are we doing in density in this section, we can certainly do that, so -- or what -- whatever that -- however you want to monitor that or look at that. I mean we do in the staff report -- you know, this is 3.8 dwelling units per acre, right in that range that we anticipated, but if there is something else you want to include with that we can certainly look into that. I do want to clarify -- and I'm not trying to contradict what Bill just said, but I do want to clarify -- and this goes in the same vein with what we were just talking about. We need to try to work with Public Works master plans. So, placeholders in the comp plan, we are trying to really get away from that, because that doesn't do anybody any good. It really should be the ultimate land use plan for your city. But it does change over time. It's not set in stone. Markets change. Owners change. Visions change. But this -- you know. And we do see some of the county subdivisions redeveloping, but, for example, just this last year, you know, we talked to the Jade Subdivision and -- I can't remember what the other one was -- Rolling Hills. Thank you. Because they are low density on the map and we are like there is some opportunity -- have you seen Norco and what's Meridian City Council Meeting Agenda March 6, 2018 – Page 36 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 32 of 48 going on here? On Overland and the interstate, what do you guys think? And the vast majority of them said, no, we like our one acre, two acre lots and we don't want to transition. Okay. We might ask you again in ten years, but, you know, some of your neighbors probably will want to, but -- and they can, they can ask to change the map. But as far as a placeholder goes, I know in 2011, 2012, you know, we asked those people down there to participate and they did and they largely came back with rural and low density. Just my opinion. You know, it was fairly shortsighted. But that was based on -- to the Council at that point's -- and the Planning and Zoning Commission -- to their credit you listened to the stakeholders. Really, is that what it's going to be long term is dairies and open space and five acre lots? I question it anyways. So, again, we have done that. We are really trying to get away from that, because that McDermott trunk is coming and if we change the density down there, there is no going back or it's going to cost us a lot more money if we want to do even lower medium density. The plan isn't to service any of that with sewer. So, anyways, I don't -- we don't need to spend a whole lot of time. That is one of the areas we will look at. Actually, on this slide. So, I'm going to transition to some direction we need as staff. So, what I was just talking about is actually in the last part. The southwest -- I would say we need to look at the southwest again. Again, it wasn't that long ago, it was only 2011 where we really engaged with those people down there, but a lot has changed just even the six years since. I mean Kuna has annexed lands in that area. We are coming down Ten Mile. Their generation may -- that's what they may see and all for dairies and those -- we need them. But I think we really need to confirm -- or was it just a placeholder for ten years and these are the land uses we really envision in that area in south -- in southwest. McCarvel: Madam Mayor? De Weerd: Mrs. McCarvel. McCarvel: I think the sooner you can get those placeholders out of there and let people know what to expect the better and -- I mean this is probably nothing new to you, but Ten Mile and Black Cat, three of those corners -- those whole acreages are for sale and so it's coming and not that anybody doesn't know that, but I think with as many people coming in, the quicker we can get rid of the placeholders and say what -- get a definition of what's really going on, the less surprises for people. Hood: Madam Mayor, just to maybe clarify. We didn't go into that effort as trying to come up with a placeholder for something else. That's just what we heard back from stakeholders. That's part of the process. That's what you all heard as appointed and elected officials was we would like this to say rural. Well, they would, but what about two generations from now, are they going to want that to be rural? I don't know, but -- so, again, we didn't go into that effort or generally don't -- I mean with a placeholder, no. We are trying to portray, really, what we -- the vision for the community over time. Now, it may -- now, it may take a generation or two to get down there, but I don't want to mislead or misrepresent anybody, because that is the ultimate land use plan for the city, so -- so, again, just back to some of this direction that I need from -- primarily the Council. So, I apologize to Planning and Zoning Commission, but I will take it from you, Meridian City Council Meeting Agenda March 6, 2018 – Page 37 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 33 of 48 too. Any direction you have here. Here in the next month or two we are going to hopefully have a consultant under contract to start developing a new Comprehensive Plan for the city. One of the things staff has spent some time on just in the past 12 months is talking about the south rim in particular -- in particular. How much -- and that initial Comprehensive Plan text amendment was just acted on last week -- last week? Sorry. Recently. And a lot of the things we thought were good initial policies didn't get adopted. So, my question is do we pull up those again? Are we done with talking about policies? Is it more of a talk about land use or is it land use and policies? Do we want to, for example, you know, come up with policies about view sheds. I mean that was talked about. I don't want to regulate view sheds, but just as an example, is that something we are -- what's the level of effort you want from staff in this exercise. We have some members of the public and our community that want to talk about this some more. I don't know -- any initial direction on where we might be going with that, though, would be helpful. I don't want to be spinning in circles and -- I mean if there is really no appetite for any of this -- kind of like we were just talking with placeholders, I don't want to mislead anybody, but I do want to vet that out if there is something to potentially be had there. So, again, what -- without getting into how many hours we should spend on this effort, generally what -- is it comp plan policies? Is it land use changes to be more low density? Again, is it a combination of both? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Caleb, with regard to view sheds, I echo Dave Yorgason's points last week, that an attempt to establish a perceived value in the space above someone else's property is a right to a neighbor is a task that I don't think we want to touch with a ten foot pole. I don't know if other cities anywhere have done it, I mean I'm sure it has been, but I can imagine the mess that it could create. Yearsley: Madam Mayor? De Weerd: Yes, Mr. Yearsley. Yearsley: Caleb, I -- I don't know if I would worry -- focus on the view sheds. I almost wonder if we want to kind of create it like an arterial, something that people are going to see. So, we want articulation, we want something unique, not -- not just a row of homes for everyone to see for eternity, you know, something -- something that's a little bit different than, you know, kind of the norm that you -- we are starting to see, very small lots with nothing in between, you know, maybe have our zoning be -- you know, would we want, you know, five foot or ten foot separations between homes or something to that effect, at least to try to break up the monotony is -- is my thinking. De Weerd: Any other comments? Milam: Madam Mayor? Meridian City Council Meeting Agenda March 6, 2018 – Page 38 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 34 of 48 De Weerd: Mrs. Milam. Milam: I tend to agree, because -- well, I don't really know anything about view sheds, so I don't really -- I wouldn't even know where to start with that. But I think maybe just creating some areas that are -- are like larger lots, so it does give more space and -- because I think what a lot of the time they have been asking for there, they don't want to be crammed in by a bunch of neighbors, because they have -- they have big lots and they don't want, you know, a bunch of R-8s and R-15s crammed in next to them or whatever. So, I think -- and I think it would be -- it wouldn't be a bad idea to do a little bit on the west, too. And the northwest. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Another thing that was a little bit -- well, at least where I had a question about last week when we were discussing this wasn't necessarily -- I think that we are all in agreement that the view shed -- or the southern rim -- rim portion needed to be more unique. I echo what Mr. Yearsley said. I think -- I agree with him one hundred percent. My only concern was the amount of the area below the proposed southern rim area that would be influenced by the actual rim portion. I felt like that bottom portion was just way too big and so maybe what we need to do is just sort of shrink that and not, you know, use a paint brush that we spoke about last week of not only, you know, changing the landscape of the actual southern rim, but also all of the property underneath it as well. I think that you're going to get some -- I think we are going to get some major blow back from -- and rightfully so, in my opinion, from -- from landowners that are -- that are below the rim area. De Weerd: And, Caleb, maybe just to build on that, is being more specific in the transition between uses. That can help with it. So, it's not a quarter mile, it's a block or a row of houses. It's -- whatever that transition best fit. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To the -- to the question on the screen, I -- I don't think there is any portion of the southern Meridian or Meridian as a whole that should be excluded. I envision the comp plan review process to be as broad as possible. So, if it's evaluating or reevaluating the policies throughout all south Meridian, which includes the rim and the northern rim, I'm not sure what portion of a comp plan revision -- text policy map will be excluded from discussion. The devil is in the details. Through that process we might find out the things such as view sheds are impractical or improper to include, but for the purpose of scoping, a consultant to lead us through the process, it seems as though broad would be best. Meridian City Council Meeting Agenda March 6, 2018 – Page 39 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 35 of 48 Hood: So, Madam Mayor, if I can just be frank in my concern is more the land use map. To me all of Meridian is not on the table to discuss, so -- and that's the problem I kind of run into with this is, okay, we got policies about this rim, but the map says I can be medium density and I'm on the rim. Now, you're telling me that I can't because I'm on the rim? So, did you just take my right to develop at medium densities away, because I'm right on the very tip top of the rim -- again, the scale is not great here, but there are several properties within the rim area that are medium, medium high, commercial -- now what do you do? So, again, that's kind of the direction is why notify all the property owners in here, regardless of what you are now on this map and say it's all on the table, folks. Everybody may become low density, because you are -- maybe not a quarter mile, maybe that's -- you know, an eighth of a mile from the top or -- we will look at this topography, right, and come up with a -- and say this is what we expect up there. It's X. Everybody in this you do this, because we want it to be Harris or whatever. I don't know. And I'm not even quite sure how we do that, because to me some variety adds that. I don't think any uniformity of ten foot setbacks for everybody -- that isn't going to look good either, because that's going to be cookie cutter ten foot setbacks for everybody. But, again, that's the kind of the clarification I need that to me land uses citywide aren't on the table. There are some areas we are looking at. Northwest, for example. The Fields area. That is one that we are going to look at. The rail corridor. You know, there are some that we are targeting to say is this best and maybe it was a placeholder before and we need to reevaluate, our market has changed, but -- all policies are on the table, just to clarify. But the map, if we are saying we are starting from scratch on the map, that's a huge effort that we weren't planning on undertaking. But we define -- and that's really my question here for the rim, you want to do the rim, do you want to do something else kind of in south Meridian where there is opportunity to develop or redevelop -- is it more about density than about views or is this really about views? I really don't know what it's about, quite honestly. I hear this -- you know, this asset and, yes, you can kind of see it from certain points, but I don't -- I don't know what we do as a city to regulate that. Sometimes it's going to look nice, sometimes it may not. But you may think it looks nice, I don't. I don't know how we -- sorry, I'm rambling now. But my point was not everything is on the table. If we come up with policies that conflict with the map, the map is going to trump, because that's density. You can annex and zone a certain development potentially, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Caleb, we have entered that zone where you ask Council or -- and Planning and Zoning a question and you're going to get a lot of different answers. So, I don't know how much clarity you will get, but I thought you asked a specific question that I want to at least respond specifically. For me it is about density and it is about views. If I had to pick one over the other, I'm more willing to have a conversation about density than I am about views. I think actually Madam Mayor and Council Member Bernt -- kind of along with where my philosophy is, at least about the northern portion of the southern Meridian City Council Meeting Agenda March 6, 2018 – Page 40 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 36 of 48 rim, maybe that being too wide of a span and that's something that I would look at. To me it is more about the southern rim and, then, probably the southwest piece, as opposed to the southeast piece where I would see -- and, again, I don't want to be the one to direct staff in terms of time and priorities by any means, but those are the things that I would think would be a priority for me. Yearsley: Madam Mayor? De Weerd: Mr. Yearsley. Yearsley: You know, I have driven that area quite a bit and I wouldn't be surprised if you looked at an aerial photo that most of that upper portion of that southern rim has already been developed into estate lots and more than likely probably won't be redeveloped or don't want to be redeveloped, because of where they are situated. I think it's going to mostly affect what happens on that -- that lower portion of the rim, because that's where your development really hasn't taken place yet, because they don't have the views for people to look out over the city of Boise. So, you know, as we get into this study maybe we need to take a look at, okay, what is not developed, what is developed and focus on those areas that are to be developed or can be developed and how we want that to look and maybe take a more defined look, instead of a huge paint brush look for the entire rim as an option. Hood: So, Madam Mayor, if I can sort of summarize that comment. That to me is, again, a land use question, though. Yearsley: Yes. Hood: More to the density point I mean than -- than anything else. And we have a map. So -- and it's varied. When you say lower portion -- and I don't know if we are all on the same page even with this, I mean I'm thinking that the half mile swath that we have cut out -- certainly if you're on the top you are going to have a better view than if you are at the toe of slope of this, why wouldn't -- you know, density is one thing, view probably not right. Yearsley: Right. Hood: There are properties, though, on the rim, if -- overlooking like Boise Ranch Golf Course in that area where they are certainly underdeveloped. I'm not going to say undeveloped, because there are some homesteads there. But they are medium high density. What's wrong with having -- lining up condos on the rim and everybody can look towards the foothills. Is that a problem? I don't know. That's the question. Am I looking -- am I knocking on their door going, hey, you were thinking about doing condos here, but now you're half acre lots. I don't know. I mean that's the -- that's the can of worms we potentially open up with this. Now if they want to ask for a map change, that's fine. Am I initiating that? That's some good -- I mean open to more comments, too, and I -- and I do appreciate just sort of writing down everybody's notes and we will Meridian City Council Meeting Agenda March 6, 2018 – Page 41 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 37 of 48 -- hopefully there is some, you know, pieces of that where there is some general agreement. I don't think we are going to develop view shed policy, so that's good. I haven't heard anybody say, yes, let's do that, but -- De Weerd: And I don't know if you are going to come to any consensus tonight. Hood: Right. De Weerd: Just having the discussion and starting the thought and -- and having an opportunity to have more community discussions, too. I think this is really something to be part of the Comprehensive Plan discussion, so the public has an opportunity to weigh in and you are not going to make rash decisions, because you want to make -- have some kind of policy before you kick off the Comprehensive Plan. I don't sense a consensus that anyone is there quite yet. Hood: That's really what I wanted, because we pulled a lot of the -- the draft policies that we had talked about didn't get adopted. So, really, just kind of my question was do we just revive that and really reach out to a broader audience? Because the public participation was kind of late in the process, so if you want to be -- essentially revive that or some version thereof, those policies, and loop that back through this process or are we starting from scratch or do we just say, no, a decision was made, we are not going to do anything else. But I just -- I think I heard kind of where we will go. Well, we will vet it some more, see where it goes. De Weerd: I -- I don't sense any consensus or any interest at this point. McCarvel: Madam Mayor? De Weerd: Mrs. McCarvel. McCarvel: Caleb, I think it does come down to -- I think the public's interest in wanting to protect their views and what can be the views, but I think it is just the density issue, that there are so few places that there are bigger lots and even if you build on a bigger lot and this got this little green area around you. You have got builders that want to come in and do smaller lots and come in and put that in and be done and I think what people are just looking for is somewhere where they can protect and say, okay, this is going to be where there is some space and it's not going to be cars and people everywhere and the higher densities. And it just kind of makes sense that they -- you know, that they have picked that area, because like you said from the air they are already those bigger lots out there. So, I think if you had some places that were actually designated that builders knew that's what they needed to build there, instead of coming in and asking for the step up. Hood: So, here -- I mentioned our team, but there they are. This is kind of the end of what we had on the agenda, but we have gone a couple of hours now, so if -- if there is any other topics, though, or something you all want to talk about amongst yourselves, Meridian City Council Meeting Agenda March 6, 2018 – Page 42 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 38 of 48 this may be an appropriate time. Or we can -- but I do, again, appreciate everybody taking the time to meet tonight. If there is future meeting topics or things you want to cover, now would be a good time to let us know and we will organize this for another six months or a year or so from now. I think it's probably a good thing just for you all to hang out a little bit and get to know each other better, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Not a topic. Caleb, I just want to make sure that we can all get e-mailed this slide show. Hood: Sure. Milam: It's awesome. That would be great for review, too. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thank you. Either for a topic for tonight or for a future meeting. Caleb, you kind of talked on it, but I know you had some cases recently where application -- I think more for multi-family have come in and have met the minimum requirements for parking and I have seen P&Z has asked for more and so I don't know if that's a discussion more with staff and the Council or do we need to change our minimum standards for parking or do we just need to have a more broad conversation as a body as to what collectively we are looking for? De Weerd: Yeah. Either that or clarify those are minimum standards. It doesn't exclude it from asking -- or actually planning more. McCarvel: Madam Mayor? De Weerd: Yes, Mrs. McCarvel. McCarvel: Yeah. I think the -- and maybe to look at raising minimum standards, I think where Planning and Zoning has gotten real concerned about the parking is when the project is surrounded by streets where they can't park and if they are landlocked into this is their parking, then, that's where we want to see more parking. Cavener: Madam Mayor, not a -- not a criticism or a critique on the Commission, just more -- if you're seeing a lot that, then, maybe we should be having a larger conversation about raising our minimum standards when it comes to parking, if you think that's warranted. Meridian City Council Meeting Agenda March 6, 2018 – Page 43 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 39 of 48 Yearsley: Madam Mayor? De Weerd: Mr. Yearsley. Yearsley: I think we ought to consider looking at some of that and a lot of it I think where it comes to play is we are starting to see bigger, you know, three and four hundred unit developments coming in and I think at that point we need to start looking at -- at that point you're going to get multiple people having friends come over and is our minimums enough. And so those are the things I think we need to kind of go back and take a look at and understand what is the trends out there, are people driving more, do they have more cars, are they getting less cars -- trying to figure out exactly what are we seeing out there with these types of developments. At this point, you know, I have a perception of what I think it looks -- should be like, but is my perception correct? And I think maybe having some analysis on that, you know, what is that standard, what are we -- what do we see might be helpful with our decisions on -- is our standard enough, do we need to do more, that type of stuff. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Another point of interest that I wanted to talk about. I agree with the parking dialogue, but I think it's important during that dialogue to note that there is a difference between urban development and suburban development and so there needs to be a difference between the two. You can't have a ton of parking downtown Meridian. So, just -- there is a -- I think there is a difference. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: While we are talking about minimum standards, I think we should raise our minimum standards across the board, because these subdivisions come in and some of them do an amazing job and they come in over and, then, there is the minimalist subdivision and when I tell them that they are a minimalist subdivision, you got minimum open space, you got minimum amenities, they are like, well, I met your requirements and you are telling us we should accept better things and ask for better things, but it's difficult to do that when they are meeting the requirements and you are recommending approval, because they meet the requirements then -- but we don't think those requirements are enough, then, maybe we should talk about raising those requirements a little bit. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda March 6, 2018 – Page 44 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 40 of 48 Palmer: Madam Mayor, on the parking discussion, I think that maybe considering a trade, like how we do with -- if you have a super awesome amenity or whatever other requirement might not be required, if you are in a situation where it makes more sense to do more parking, maybe -- okay, I have provided an extra ten percent more parking than is required, can I do seven and a half percent open space, because the pavement is going to cost more than open space in almost every situation I'm sure and so to make that additional investment and ask for a little bit of exchange, where, okay, instead of having this useless alleyway behind this apartment building, can I add 12 more spaces. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Or maybe a request -- it's rare that we get our Planning and Zoning Commissioners here with us. I know that I -- much like Counsel Member Borton mentioned, I find great value in reading the minutes from the meeting. I feel like that the City Council has monopolized the bulk of the conversation tonight and would love to hear from our P&Z Commissioners of the issues or thoughts or comments that they want to make sure were heard by us before we get close to adjourning. De Weerd: And certainly now you know how we make sausage. Perreault: Madam Mayor? De Weerd: Mrs. Perreault. Perreault: I think generally the Commission -- when we ask for an increase in an open space or amenities, it's because of that density issue, where, you know, the yards are smaller and there is less -- or there isn't access to a community park in certain areas and so I -- I would not be in favor of trading out something like parking for open space or amenities, because they have become so critical in these highly dense developments. Holland: Madam Mayor? De Weerd: Yes. Holland: I would just say that, you know, I'm relatively new to the Commission, but part of the reason I joined was making sure that we grow the city that we all want to live in long term and making sure that we think about a balance of -- we don't want to be the drive through city, we want to be a drive to city. We want to make sure we have got a good mix of residential, but also a good mix of, you know, commercial buildings, places where people can come and be employed. Let's not just have a number of parking lots where we are continuing to have lots of pavement, but think strategically about how we balance all of it. Fitzgerald: Madam Mayor, they didn't give me a microphone, so -- Meridian City Council Meeting Agenda March 6, 2018 – Page 45 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 41 of 48 De Weerd: Mr. Fitzgerald. Someone was smart, you know-- Fitzgerald: There is a reason. I'm just joking. I -- the parking thing has been an interesting one and I'm sure if you guys have read -- because I think in many cases our staff does an exceptional job of -- it's based on calculations. Different than open space. I think those are two different issues. You have got -- you can probably use statistics based on how many people have cars versus that live in apartments and so we had a project come before us -- it hasn't come before you guys -- there was pictures of giant black asphalt with very little cars and I'm not sure when the picture was taken, but I have trouble with giant black asphalt, it just doesn't do anything. So, I understand we are putting big super apartments in certain circumstances, but I think there has got to be a balance there between just huge massive parking lots and so I -- I appreciate the staff's work. I think there is calculations for a reason and minimum standards usually meet those reasons and I hope that would take guests parking into account as well. I -- I think the open space requirements are -- and we always like to see additional ones if we can, but I think the parking one there is a little bit more subjective, instead of objective. I mean I think there is calculations -- and if we can study that, as Commissioner Yearsley has mentioned, I think that would be a positive, because I think there is calculations that we can tie that to. So, that's what -- I think that would be a good -- something to study. Yearsley: Madam Mayor, as a different subject, we are starting to see -- and I think we are going to continue to see a lot of infill projects and I'm kind of curious to see what other people's thoughts were, but I struggle with an infill -- you know, they want the max density, because it's -- you know, they are trying to fit as many houses in that small infill piece of, property but yet how do we weigh that as a benefit to the city and I have seen a couple of them come in, how they have developed, and looking back on it I don't know if I would have approved it after seeing it developed and so I would be curious to see what other people have to say and how do we want to approach that, is that something that we need to look at kind of as a separate kind of review or how do we want to approach that. Fitzgerald: Madam Mayor, could I add one thing to that? De Weerd: Yes. Fitzgerald: And Brian did a great job of the conceptual chart and it has a note at the bottom that talks about infill density bonuses. I would love to hear more from staff on what that looks like, because I know that's something we haven't done a ton in the past. De Weerd: I think you have a good list there and it will be a lively discussion. Okay. Perreault: Madam Mayor, can I add one more thing? I don't know if this is possible, but I know one thing that I would really like to see is -- is for us to get that commentary from ACHD -- to get that commentary from the school district. Is there any way for us to get Meridian City Council Meeting Agenda March 6, 2018 – Page 46 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 42 of 48 more information from these entities? That's a question for staff or anybody who wants to answer. Hood: Madam Mayor, maybe I will start anyways. It's been some time since we talked about that, but our -- our current position is -- we will use ACHD for example. The school district hasn't historically been a problem to get comments from them in time for the Planning and Zoning Commission. ACHD, though, especially for larger projects, do tend to lag and you all, as Planning and Zoning Commissioners, typically don't have their -- finalized action or even draft staff report. Again, our current way of doing business is we tend to error on the side of the development community in that instance to keep the process timely and moving the project forward. We could potentially, though, work ACHD's schedule more into our schedule. But, again, it historically has been something where we are not willing to wait and hold up somebody who is maybe borrowing against that money for this development to say we are waiting on another agency to provide us comment to have that in time. Now, for Council -- so, I hope you guys don't feel like you are, you know, the lesser of the bodies, but for Council we do require that. We want Council -- and we want the Planning and Zoning Commission, to be honest, to have all of the information to make an informed recommendation and decision. So, we do hold projects up regular, when applicable, at the Council level, so we can get that input. If we want to say, you know, we are going to either work it into our standard timeline for transmittals and say instead of the four to six weeks we give agencies to respond, we are giving them six to eight weeks, so we can get all that information. I just know there is going to be a lot of push back from the development community, because you just added two or three weeks to their timeline overall. So, I know it would be great and, again, I would love you to have that information, but we can't make ACHD -- we have tried -- to get them to respond sooner and they are in the same boat; right? I mean they are dealing with a whole bunch of development right now, too. So, again, we have tried to get that commentary where we can have those conditions, but it's -- it's not something where we historically held him up. Now, I will also just say if -- and a lot of this has to do with -- you get a lot of the comments from the public about traffic; right? And it hasn't been to ACHD yet. So, you take the brunt of that angst, because they haven't had a chance yet to talk to the highway district about it. If you feel like you don't have enough information or are comfortable enough with that, that's within your purview to continue it out to get that -- those comments. Again, I won't say you do that every single time. What if there is a project here like -- we are hearing a lot of this and we really -- we are not comfortable for it. I think the Council would appreciate that, too, because they don't want to be handed a problem, outstanding issues to try to resolve, they want you to vet these things and go all things considered here is what we recommend. So, again, that's within your purview to say, you know, we just aren't comfortable moving this along without having that. But as a general rule we just haven't put that timeline together to always get that from ACHD. So I'm sorry. Yearsley: Madam Mayor? De Weerd: Mr. Yearsley. Meridian City Council Meeting Agenda March 6, 2018 – Page 47 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 43 of 48 Yearsley: With that being said, it seems like we are having a lot more and more applications be continued because of something other or not. Is there -- is there a procedure of when they come in, when they go on the agenda, or can we push that back just a week or two to -- because it seems like, you know, inevitably -- and I don't know how -- if that's something that you can -- that we can fix or not, but it seems like we are always continuing this, because we didn't get this information or we are still reviewing or just with that stuff. So, didn't know how we want to address that. Coles: Madam Mayor, Members of the Council and the Commission, I can take I think the -- De Weerd: Are you turned on? Coles: Am I turned one? We are on. We are good. Was it about -- about a year ago our paper record changed from the ValleyTimes to the Meridian Press. When that happened, actually, as a -- I think an inadvertent consequence, the -- the timelines for publication and for submitting applications actually extended by about a week due to the length of time it takes us to get information to the Meridian Press, when they like it, so that they can publish. So, inadvertently the timelines actually extended about a week. The cut off dates, if you will -- that's not the usual term, but that extended, like I say, a week there. But outside of that, in terms of why applications are being continued after they have been submitted to the city, I know planning staff can tell you that there is a whole slough of reasons that that takes place. But we have actually extended the timeline for applications by a week, just because our paper record changed within the past year. So, that did happen, like I say, as an inadvertent consequence. Parsons: Madam Mayor, Members of the Council and P&Z Commission, we do -- we don't have cutoff dates in the City of Meridian. So, basically, we tell our applicants that we meet -- P&Z meets the first and third Thursdays of the month. Depending on when we get that application is -- we get them -- try to -- the goal is to get them to the next available agenda. What happens is the applicant will come in -- as you know, we pre- app with them. We sit down with the applicant, we share with them the expectations that we want them -- the formation we want them to submit with their application and those timelines. A lot of times some applicants will do that and some won't. So, what will happen is staff will get it -- what will happen as it comes in, we get it routed -- we have to get it verified by GIS, if it's an annexation or plat. We usually get -- make sure it can be serviced. That water and sewer is available and it's modeled appropriately for our master plan and make sure that the legal descriptions that they provide with their application is -- meets the requirements of the State Tax Commission. We get that verified. I send it -- I assign it to a planner, one of the associate planners, and they review that application for completeness. Sometimes during that review process we will e-mail comments to the applicant and say we need these items in order to deem your application complete. Sometimes they do a really good job with that and sometimes they don't. But the planner will go ahead and get it scheduled and, then, during the course of that -- what may happen sometimes is we also -- like three weeks before it gets scheduled to come before you we have what we call a project review meeting. At Meridian City Council Meeting Agenda March 6, 2018 – Page 48 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 44 of 48 that point we have all city departments there discussing the proposal and some things may come about during that hearing that weren't quite discussed at the pre-app, it might have been missed or wasn't communicated accurately to the developer or they just didn't do it and they are like, no, we are not -- we going to take our chances with the P&Z and we told them you may get continued, because you're not giving us everything we want. All we try to do is work with that applicant, as we get the comments from the other agencies, so they are not blindsided, we don't want to ever make them feel uncomfortable going through the process, we want to give them all the information up front. Sometimes that information does take longer than the two or three weeks to get before you and we are like -- we don't have the information we need to make a recommendation -- a positive recommendation. We can go forward with a different recommendation and most of the time they don't want to go forward with that recommendation, they would prefer a positive recommendation from staff. So, that does get stalled out and, then, at that point we asked the applicant to continue it out, so, that, again, we can get the information and so that we can get all of that in front of you, so you can make an informed decision. Staff doesn't want to bring Planning and Zoning Commission issues either. We want to make sure we get all of that worked out on the front end and in the staff report, with the appropriate conditions, so that you can make -- either a decision on the application or forward on a positive recommendation to our City Council. Hood: I just -- I just wanted to reiterate a little bit what Bill said. I think if I had to put a percentage to it I say 50 to 60 percent of the continuations are, essentially, what he just mentioned. The developer-applicant is trying to make changes to what they originally submitted, so that they get a staff recommendation -- a favorable staff recommendation. But there are other times where they haven't posted the site, it was noticed incorrectly, the newspaper didn't do their thing, I'm out of town as a develop -- whatever. I mean there are other reasons that projects get continued. But, again, a majority of them are changes that the applicant is making to try to get a favorable recommendation from staff. Is that the right way to do things? I don't know. I mean I kind of like that; right? But you also have -- it's noticed that the public is to come on this night and this is when we are going to talk about this thing that was submitted, that everybody is looking at. So, I mean I can see it both ways where, yeah, you want to have a project that at least staff and the applicant are on the same page with, but, then, it could be a different layout, a different project, essentially, than maybe what was originally submitted, so -- Yearsley: And I don't know if there is a correct answer or not, it's just -- I look at more the -- the public wanting to come testify and the frustration that they have that it got continued and how to address that. So, that -- that was my only concern. And I don't quite know how to fix it or best -- I like the way -- the approach that you guys do it and making sure that we work with the applicant to get a favorable recommendation, because that makes it go a lot smoother and a lot easier, but it does take a toll on the public, so -- Parsons: Just to add to the conversation is I would also stick with the policy that we tried to put in -- that we have in place is we want the applicant here at the hearings and Meridian City Council Meeting Agenda March 6, 2018 – Page 49 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 45 of 48 they need to get up here -- you need to ask the applicant to come up and ask them why they are requesting a continuance and I haven't seen a lot of that latterly. So, keep that in your mind as you see continuances on the agenda. We -- we want to make sure that if there is a public in the audience we want the applicant to come up and say we are requesting a continuance for these reasons, why are you requesting it. It doesn't mean you have to grant it. Again, if it's a noticing error or something like that, we can't act on it, we have to -- Yearsley: Absolutely. Parsons: -- we have to move it. We have to continue it. But if it's something they didn't get us, you can be like, no, staff, are you ready to go? We may or may not be, but certainly you don't have to honor that request. But it does -- I think Mayor does a great job of this sometimes when we have a continuance. Is the applicant here to tell us why. Or, staff, why is it -- this project being continued and we try to put that on your -- your hearing outlines for you, but if you need more information, the applicant or staff should be able to provide that to you. McCarvel: Madam Mayor? De Weerd: Yes, Mrs. McCarvel. McCarvel: As far as a consideration for the public -- and maybe there is a legal reason that we don't do this, but is there any reason why we can't put that on the published agenda, that the applicant has requested a continuance, just like the agenda that we get with those notations on it? Nary: Madam Mayor, Members of the -- Madam Mayor, Members of the public -- members of the Council, sorry, yes and no. I mean we talk about that a lot internally on whether we should list that on the agenda. We do when we know about it, especially in a larger project, we do try to notify the people that we know to tell, HOAs or something, that this has been requested. But it's always a double edge sword. I don't want to give people the impression that it's a done deal that they are going to get continued, unless it's a noticing issue. If it's a noticing issue that's easier, we can certainly do that, because we cannot hold the hearing. But if it's something else, a request, they are out of town, they are busy, they haven't finished their plan or whatever, I hate to tell the public that they have requested a continuance and they don't show up and, then, the Commission or the Council denies it and, then, they feel like, well, now I didn't show up, because you told me it was going to continue. So, it is -- it's something we wrestle with a lot internally in how do we make people understand that -- the other part of that is that we have folks that want to testify, because they already showed up and if it's -- again, if it's not a noticing issue legally you can take it, the problem is is they may be talking about something that may be totally irrelevant once the project actually comes in when they come back in two weeks or a month or whatever it is, because they may have changed it and so it -- certainly would be allowed to do it, it just may not be very helpful or relevant, because, again, you are going to have to recall that when you come back, it Meridian City Council Meeting Agenda March 6, 2018 – Page 50 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 46 of 48 may be different, so, again, there is no -- there is no right or wrong answer to that. I just don't want to give people the impression that if you don't show up, then, it will get continued, because, then, they think it's a done deal and, then, it doesn't and, then, we are in the same boat. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I hate the idea of punishing the developer who has paid for the meeting for not being ready because he was trying to do what staff asked him to do, make changes that staff said would be a good idea to make, and have the hearing because they didn't show up, because he asked for a continuance, because he was trying to do what was suggested for him to do. But I would hate for us to go on a power trip and start saying, oh, oh, there is public here and the developer is not, so, staff, you ready to go, let's do this thing. Let's avoid that, please. Hood: Yeah. Madam Mayor, I'm going to transition a little bit back to what Bill was saying and maybe even just some of these hypotheticals that we have been talking about with continuances. A little bit different thought, but sort of in the same vein. Even to what Mr. Palmer just said. Developers pay for the application staff time to write a report, for noticing in the newspapers and to cover our costs to go through this process. The other thing that I want to piggyback on this discussion a little bit is staff does spend time with them trying to get the project -- trying to get them to yes. Something that's palatable for all parties that we think meet the intent of everything we have talked about tonight. I'm not sure how to say this gently, politically correct, whatever. Sometimes a project -- you just can't get there. We have had a couple of projects go through the process, the Planning and Zoning Commission maybe didn't like what they saw, it was continued so a developer can make some changes, either they wanted to make or that P&Z wanted them to make and they come back -- meanwhile, staff is still working on it behind the scenes a month later, they get to P&Z, okay, they finally cleared P&Z and our Council -- maybe Council doesn't like it and they want to do something else or, you know, the developer changed something between P&Z and City Council. P&Z didn't see it. Well, Council still doesn't like it. Deny it. You don't have to always remand it back. We spent the time and resources -- and I'm not saying everyone, I'm not advocating for denial all the time. There are some projects sometimes where we are holding their hand too long and there is changes and this and that and we looked at something, it was noticed with this, and we have seen six different site plans now. How many times do I have to look at this and we have -- we have to do different analysis each time on that -- on those six different times. You paid your fee, we are looking at it, we may be looking at it twice -- okay. We have been doing this for six months now trying to work with you, pay your fee again, let's start over, because this is not the same project you applied for back six months ago. Again just general rules. I'm not saying you can't remand stuff back as a general rule. I do like that if -- if you saw something and you wanted to get P&Z's input on, that's fine, but some of these it seems like we may be overthinking. If it's not what -- if it's what they applied for, it's not what you were Meridian City Council Meeting Agenda March 6, 2018 – Page 51 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 47 of 48 hoping to get, start over. Notice it again and start from -- start from beginning, would be just my recommendation on some of these. I'm not saying every time, don't mishear me. I'm not saying we won't work with applicants, don't mishear me, but sometimes we can go a little too far and, meanwhile, we got new projects coming in the queue, so, now we are balancing trying to keep them moving forward -- we got new ones, too, we are trying to write staff reports for. So, it's not about the money either, so -- I'm just saying sometimes it can be a little -- a little cumbersome to review these projects over and over again. De Weerd: Okay. We get it. Palmer: Madam Mayor? De Weerd: Sorry. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Caleb, I love his enthusiasm. Sometimes it's really obvious when it's -- when it's that kind of situation and it's been forever, because it's a big project and we all know about it and there was six hours of it, but if it's not one that we would -- it would be obvious that we know, but it's one where you're even spending so much time -- a month and -- let us know. Do that. Or gently let us know, but -- De Weerd: I know. We have been sitting here six hours, too. Anything else? I almost hesitate to ask that. Any other topics that we would like on the -- on the growing list? And I will say that Jessica brought up the schools and the roads. We do have a joint meeting with ACHD on March 8th. We will let the Commission know. So, if you want to come and sit in, listen to the discussion or if there is something in particular that you think would be helpful to have on the agenda, let Caleb know and we can make sure those -- those things are addressed as well. Okay. If there is nothing further, this is a special meeting of the Planning and Zoning Commission and City Council, I would entertain a motion to adjourn that meeting. Milam: So moved. McCarvel: Second. De Weerd: Did you get that? That was Genesis. Okay. All those in favor say aye. Okay. MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council Meeting Agenda March 6, 2018 – Page 52 of 605 Joint Meridian City Council and Planning & Zoning Commission February 13, 2018 Page 48 of 48 `J MA OR T j 9 WEEF- RDLJ DATE APPROVED f - ATTEST: C. JAY COL S, CIT LERK ���:.. �' .�' Cit:• of Meridian City Council Workshop February 13, 2018. A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, February 13, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Others Present: Bill Nary, C.Jay Coles, Clint Dolsby, Kyle Radek, Caleb Hood, Jeff Lavey, Scott Colaianni, Joe Bongiorno, Cameron Ariel, Dale Bolthouse, Mike Barton, Keith Watts Chris Pope Todd Lavoie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___ Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I would like to welcome all of you for -- to our City Council workshop. Thank you for joining us. For the record it is Tuesday, February 13th. It's a few minutes after 3:00. We will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda De Weerd: Item 3 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Item 4-L on the Consent Agenda is coming off to be Item 5-A. And with that change I would move that we adopt the agenda as amended. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Meridian City Council February 6, 2018 Page 2 of 63 MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Final Order for Tree Farm Subdivision No. 3 (H-2017-0162) by M3 Companies, LLC located north of Chinden Blvd, south of the Phyllis Canal and approximately 1/2 mile east of N. Black Cat Road B. Resolution No. 18-2058: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi-Permanent And Temporary Records Of The City Of Meridian; And Providing An Effective Date. C. Award of Bid and Approval of Agreement to Asphalt Driveways & Patching for the “LEMP-LARKWOOD PATHWAY” project for a Not-To-Exceed amount of $58,200.00 D. Approval of Award of Bid and Agreement to COONSE WELL DRILLING & PUMP CO., INC. for the BORUP PROPERTY WELL project for a Not-To-Exceed amount of $92,877.25. E. Lease Agreement with the Turf Company and the City of Meridian Regarding Approximately 40 Acres at the South Meridian Regional Park F. Resolution No. 18-2059: A Resolution Approving Lease Agreement with the Turf Company, LLC for Land Owned by the City and Located on Lake Hazel Road, in ADA County Idaho; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date G. Development Agreement for 2 1/2 Street Townhomes (H-2017- 0066) with Meridian Fairview, LLC (Owner) and Broadbent Properties (Developer) located south of E. Fairview Ave. on the west side of 2 and a Half Street, in the NW 1/4 of Section 7, Township 3N., Range 1E. (Parcel#s: S1107223065, S1107223070, S1107223090) H. Award of Bid and Approval of Agreement to G&W Electric Company for the “WRRF VACUUM INTERUPT PAD-MOUNTED Meridian City Council February 6, 2018 Page 3 of 63 SWITCHGEAR” project for a Not-To-Exceed amount of $416,202.00. I. Award of Bid and Approval of Agreement to Platt Electric Supply for the “WRRF Pad-Mounted Liquid Filled Medium Voltage Transformers” project for a Not-To-Exceed amount of $240,253.86. J. Approval of Task Order 10015.A for Professional Services for “Well 33 Test & Production Well Design” to Hydro Logic, Inc. for the Not-To-Exceed amount of $97,235.00.. This Task Order is issued in conjunction with the Master Agreement with Hydro Logic dated October 1, 2017. K. Modified Development Agreement for Burlingame Subdivision (H-2017-0055) with Yuriy Mukha(Owner/Developer) located near the northweast corner of W. Cherry Lane and N. Black Cat Road in the SW 1/4 of Section 4, Township 3N., Range 1W M. Award of Bid and Approval of Agreement to Alta Construction for the “ROSE CIRCLE WATER MAIN REPLACEMENT” project for a Not-To-Exceed amount of $245,313.00. N. Approval of a Sole Source Purchase for Fire Department Honeywell Turnout Gear from Municipal Emergency Services. O. AP Invoices for Payment - $2,152,986.21 De Weerd: Item 4 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With the removal of Item 4-L I would move that we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to adopt the -- or, I'm sorry, to approve the Consent Agenda. Mr. Clerk. Meridian City Council February 6, 2018 Page 4 of 63 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 5: Items Moved From the Consent Agenda A. Moved from Consent Agenda: Award of Change Order No. 5 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $57,707.03. De Weerd: Item 5 we removed L to five, so, Mr. Borton. Borton: Madam Mayor. I had -- in review of the materials on this change order had some initial questions on the basis for additional cost and had some good discussions with both Keith and Clint and I have answered those questions, but there is a little process change we might do going forward with change orders and how it's notated to Council and I think Clint is going to describe that. The issue that I had with this one has been answered, but I think a little process explanation is helpful. Dolsby: Thank you. Madam Mayor and Council Member Borton, what he's speaking about is on the change order form itself. There is four boxes underneath the sections of why is this change necessary. As this particular change order, as with a lot of change orders we do, we check the box that says enter with the plan and specifications, which could lead you down the road to think, well, there was a mistake made, shouldn't we go after the consultant to remedy that error. Well, actuality, an error in plans and specs can be a lot of different things. In this case the errors were completed in the plans and specifications -- like, for instance, one of the changes we had notated that we needed one assembly for -- it's a guide rail to lift a pump out of a basement. Well, we actually needed four, so that in -- I guess if you really looked at it, that's an error in the plans, but, really, we need to buy four assemblies anyway, so buying the extra three isn't really an additional cost to the city, it's equipment that -- equipment that we would purchase regardless of whether we did it under the terms of a change order or in the original contract. So, what Council Member Borton is -- was getting at is that in the future we are going to be more clear with each of the changes in the -- individual changes that are in these change orders to explain what the error in the plans and specifications really is and if it's to do with what I had just described, which is most of the time it's work that we would actually have to pay for whether we paid for it in the original contract or in the form of a change order. Borton: Madam Mayor? Meridian City Council February 6, 2018 Page 5 of 63 De Weerd: Mr. Borton. Borton: And with that I think it will be noted clearly that if that change requires -- it already notes additional time -- additional time creates a new, unique cost to the city or materials that were inadvertently left out. When they ran it back in if there is some unique cost added to it that we wouldn't otherwise have incurred. Somehow that will be spelled out a little more clearly. Dolsby: Yes, Madam Mayor, Council Member Borton. Correct. De Weerd: Any other questions? Borton: No. De Weerd: Okay. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we approve Item 5-A, the change order number five to J.C. Constructors, Inc., in an amount not to exceed $57,707.03. Palmer: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Idaho Humane Society Long Term Direction De Weerd: Okay. Item 6-A is under community presentations. It's regarding the Idaho Humane Society. Dr. Rosenthal. Okay. Or, Mr. Nary, any introduction? Yeah. Lavey: Madam Mayor, Council, several months ago Dr. Rosenthal and Leann, who is in the audience, met with myself and Robert Simison to discuss animal control and their new facility and kind of operations and what that would entail and just talked about the future of IHS and what that may hold for both IHS and for the cities and we talked about having a short-term presentation, which you heard last year, to explain some increases Meridian City Council February 6, 2018 Page 6 of 63 in costs and, then, today is to have a dialogue about long term and so that's what we are here for and Dr. Rosenthal is here and I can answer any questions as well as we go along. De Weerd: Okay. And thank you for joining us. Rosenthal: Thank you, Madam Mayor, Members of the Council. My name is Jeff Rosenthal. I'm a resident of Boise, Idaho. 4775 Dorman Street. Well, thank you for, again, hosting this discussion as it's described. This will consist of just, really, a broad overview -- really a dialogue about where we think we are going moving forward. Also as mentioned our CFO Leann Gilberg, who can answer some financial questions as well. Again, very rough and open at this point. We are looking into the future, looking into future of animal control services to all our municipalities and especially looking for input and direction that invites from you folks, frankly. Just really a -- your program and it definitely is intimately linked to the Idaho Humane Society, so we want to be moving in a direction that Meridian wants to see us moving. We have six major stakeholders in -- providing animal control services and so the challenge is getting everyone on the same page. We have Meridian and Boise, Ada county, Eagle, Kuna, and Garden City and I think the obvious analogy is herding cats. But Meridian being a major partner now with the Idaho Humane Society, we are especially interested in your leadership in how we can bring all the parties together on the same page moving forward. The exciting thing for the Idaho Humane Society is at this time next year -- or maybe in March we will be opening our new facility on Overland Road and this is a fantastic thing for pets in the Treasure Valley. We are going to have a wonderful new veterinary hospital with greatly expanded capacity, a wonderful adoption center, humane education program for children and some other features that really benefit the Idaho Humane Society, but when we started -- when we conceived this campaign in 2007 -- it's been quite some time -- we initially were hoping to move all of our facilities to this new site and we were not able to achieve that from our fundraising and one of the challenges we are looking at is the remaining Dormant Street facility, which, arguably, is a great facility for the purpose -- will remain our intake facility and animal control facility for the time being. So, the challenge is operating two facilities going forward. May create some opportunities as well. Currently as you're aware, we apportion a share of our overall budget of some six million dollars to an animal control budget, which is, then, apportioned to our various communities. It's intended to be an at-cost contract. There is no profit built into it for IHS and it is theoretically based on the share of our overall budget that falls under what is government responsibility, which is animal control enforcement, which is pretty easy to understand, but also taking care of stray animals and getting them to the point where they can be adopted, in which case -- in which point the costs, then, become ours and a lot of the programs we actually provide to pets -- and we have increased the safe rate for the strays and -- and helped out with cruelty cases and et cetera -- really don't fall on the animal control budget at all and there is a listing of a lot of these programs here. Additionally, over the years maintaining our facilities, depreciation and capital repairs, improvements, vehicles, these things have fallen increasingly on the Idaho Humane Society and have not been shared as much among our contracting communities as we might have hoped. Well, the new situation, Meridian City Council February 6, 2018 Page 7 of 63 which, by the way, is going to be very similar, very analogous to what you see in other metro areas in the northwest, like Seattle, like Portland, like Spokane. We will have a quasi-government facility providing animal control services and, then, another Humane Society building where we will be locating most of our Humane Society programs. It may be run by the same organization, but I think it -- I think it will be a much less ambiguous or theoretical -- what costs should be shared with government and which costs should be borne by the Humane Society. The hope also is with the municipalities who are really responsible for funding the Dorman Street facility to an increasing degree, they will have even more input in how that facility is run, what the service levels are, what the personnel should be, what's expected. I think those are going to be good things. But we are going to be hoping to allocate that expense to the municipalities fairly. The -- I think looking around the country we see that municipalities benefit from combining together. If you have communities like Meridian, like Boise, like Eagle, like -- like Kuna, costs go down when we combine our forces to create -- to run these facilities and these enforcement programs. I realize there is always a thought of why don't we do it ourselves, but I would tell you the analogy of a little dog -- a little dog can easily cross the entire Treasure Valley in one day and when we had multiple facilities throughout the valley taking in strays, when someone in Meridian lost their pet they had to look at the Meridian shelter, they had to look at the Boise shelter, they had to look at the Garden City shelter, et cetera. It really makes sense for us to share our -- our program. The cost should be borne by all the communities working together. This is one of those areas where it makes sense. Now -- so, one challenge, obviously, is what will it take to run the Dorman Street facility. I think that's going to become fairly clear as we work forward this year. But the second challenge is how can we get our different government entities to actually pay what's a portion to them and that's been a frustration for the Idaho Humane Society over time. Many of our costs -- actually most of our costs are mostly fixed regardless of our workload. It's just how it works. So, when we derive one animal control budget and, then, go out to six different parties and negotiate their share individually, we end up with different levels of funding and typically we end up with a deficit that's been born by our organization. Moving forward we are not going to be able to bear those kinds of -- to take on that kind of subsidy. When one community doesn't fund to their fair share, then, that cost, then, has to be borne by the other entities. Well, how do we do that when we have already negotiated these contracts. One of the ideas that we have floated with various folks in the valley has been could these entities come together in a joint powers agreement, so Idaho Humane Society was, for instance, negotiating with one -- one entity. The reply has been, well, that doesn't necessarily mean everyone's going to pay. But the example has been shown through how the ambulance service is worked -- is done during -- in the valley that these -- these can function and while there still might be challenges getting each community to buy in to the degree that we would like, it wouldn't fall on the Idaho Humane Society, which I don't think is appropriate that -- that we necessarily have to deal with this particular issue. If the communities could work together and negotiate with us as one party, we feel that would be an advantage and ensure the continuity of the program. That's the main message that I'm here to deliver. Idaho Humane Society's goals are pretty simple and probably shared by all of us. We -- we have made tremendous progress. We talked about the progress we have made in our last meeting. We want to see that save Meridian City Council February 6, 2018 Page 8 of 63 rate maintained and improved and the advancement of animal welfare in Ada county. Everyone wants financial sustainability for the animal control program in fairness. A particular issue for the Idaho Humane Society is providing a living wage for our animal caregivers at all levels. We think that these folks, whether they work for us or work for another entity, should make a fair wage and be able to take home what a -- what a comparable employee say working for a county or city is taking home for a -- for an equal type of work. Those are our main concerns. I have Leann Gilberg here to talk about some of our rough figures for what the increased cost of running the Dorman facility for the municipalities might be. Would also say that this is subject, again, to communication with municipalities. There are opportunities for cost savings. For instance, just in our hours of operation, as just a small example, we are open seven days a week, ten hours a day. Very few animal control facilities throughout the country are open all -- seven days a week and all those hours. So, we can work through different types of scenarios to help find a budget that will work for the Dorman Street facility. But the other issue is, again, that, you know, capital improvements will be required over time and the facility is a great asset, but we do feel that the costs of maintaining the facility do need to fall on the municipal partners and with that I have -- unless there is any specific questions at this time, have Leann come up and talk a little bit about some financial issues or can answer questions now if there are any that are coming to mind. De Weerd: Council, any questions at this time? Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: When you're talking about the hours, seven days a week, like for people to come pick pets up, I'm assuming that you do animal control hours beyond that. Rosenthal: Madam Mayor, Council Milam, animal control needs to function 24 hours a day. But in terms of retrieving a stray pet, particularly now with -- with very simple technology, it will be much easier in the future to determine whether your pet is in our shelter, for instance. We don't necessarily have to have three people sitting at a front desk for ten hours a day. There are opportunities to get animals home at less cost and I think those things can be explored. But, yes, we have to have enforcement 24 hours a day. That's required on -- Milam: Thank you. De Weerd: Okay. Anyone else at this point? Thank you. Gilberg: Madam Mayor -- De Weerd: Good Afternoon. Meridian City Council February 6, 2018 Page 9 of 63 Gilberg: -- Council Members. Do you want me to introduce myself? De Weerd: Yes. Gilberg: I'm Leann Gilberg. I'm the chief financial officer at the Idaho Humane Society. Address 4775 Dorman Street in Boise. De Weerd: Thanks, Leann. Gilberg: Before I show you these numbers I want to put a big disclaimer there. These are very preliminary. I tried to be extremely conservative. I would much rather come in high and be able to go down than to show you a number and, then, say, oh, no, it's actually going to be double. Currently our budget is 6.4 million dollars, approximately. That is for our entire operation at Dorman Street. We have about 101 FTEs. Under our projected plans with the new facility, we will move adoptions, our public veterinary center, our special programs and our administration over to the Overland facility. The budget I am looking at projecting there is between 4.8 and 5.5 million dollars, with about 67 FTEs. So, then, I break out the Dorman animal control operation. That includes your animal control officers, your dispatchers, personnel to be at the shelter currently scheduled seven days a week, ten hours a day, for intake or for public drop off of strays. People to come in and redeem their animals, come to look for lost animals and also to care for those animals that we have in our possession until we find their owners or they become available for adoption. Different modeling -- I'm using a lot of different modeling ideas. Again, this is a very preliminary estimate and as Dr. Rosenthal said, we would like to work with you guys and the other municipalities in order to be able to come up with a solution that meets all of our needs and that may change up the modeling a little bit. But as he also mentioned, our costs are primarily fixed. About two- thirds of our costs -- and it's interesting, two-thirds of our costs are personnel costs out of our budget now and out of our projected budgets going forward. I just reviewed information from probably 20 different shelters around the nation and they are all in that same category. We all run about two-thirds of costs -- our personnel costs. It's a highly labor intensive workforce given the nature of the work. Currently our animal control contracts combined pay about 1.8 million dollars. Meridian pays 381,000. As I mentioned before, the projected cost of the stand-alone facility is probably around 2.5 million, plus or minus a couple hundred thousand. Meridian's portion right now, based on population base and usage -- and when I say usage I mean the number of service calls that we get from Meridian residents in relation to all the service areas that we service is about 21 percent and, unfortunately, you know, if one of the smaller players, such as say an Eagle or a Kuna drops out, our costs don't change proportionately; right? Because their proportionate share was like four percent and we can't change our staffing by four percent to make a difference. To give you an idea of what everybody is paying and what the projected range could be -- again, I used -- for the low end of the range 2.5 million. It could be slightly lower than that. Meridian is at 381,000 right now. If we went up to two and a half million total, Meridian's share would be 513,000, up to 574,000. So, that's an increase of anywhere from 130, 190 thousand dollars a year. Again, very conservative estimate. If you look in the far right-hand column of this slide, the Meridian City Council February 6, 2018 Page 10 of 63 population bases are showing -- you can see that Meridian is about 20 percent of the total population base that we service. What's interesting to note, though, is that it's still less than $6.75 per capita overall and Meridian's range is only $5.34 to $6.40 per capita based on current population and usage. And to kind of put that in perspective, here is a comparison of -- oops. Sorry. Oops. Can we back up there? No. I'm driving it? Okay. Sorry. Here, let me -- this is kind of an interesting slide, actually. So, to put it in perspective, here is a comparison of the per capita animal control expenses for some comparable communities based on available information. Taxpayers of Ada county and municipalities within Ada county have enjoyed extraordinarily low animal care and control expense for many decades, arguably saving tens of millions of dollars during the 76 years that IHS has been in this role, compared to most comparable communities in the northwest. This includes massive savings on capital expenses, because Spokane county spent 15 million dollars on their animal control facility in 2013. Washo county spent approximately 16 million on their facility in 2009. And you can see that Ada county is paying on average for the whole county about four dollars, whereas Pocatello is paying 19 dollars. So, the cost per capita here is really reasonable compared to some of our comparable communities. And that's all I have prepared, so I would entertain questions. De Weerd: Council, questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Ms. Gilberg, help me understand some -- are you guys struggling to collect on the contracts that you have with other municipalities? Gilberg: Not struggling to collect. Struggling to get certain municipalities up to the level that they need to be in order to fully participate at the level of usage and population base that they are at. Palmer: Madam Mayor. And I wasn't here when the transition happened to -- to the service, as opposed to the city running it. Was the -- the contracts from the cities -- was it anticipated that they be sufficient to help cover more than just the animal control services? Gilberg: Council Member Palmer, I'm not exactly sure I understand the question. Palmer: Madam Mayor. I don't know. Maybe I'm misunderstanding, but it seems like what you're asking is that we pay more to be able to help cover your new building and other things, other than dealing with strays and whatever else is animal control. Gilberg: I understand. Council Member and Madam Mayor, the difference going forward is that we right now share one facility with animal control, sheltering, adoption services and our veterinary hospital. We divide the cost of all of our -- we divide all of Meridian City Council February 6, 2018 Page 11 of 63 our operating costs by those three functions. We allocate based on square footage for certain things, such as utility costs. We allocate based on number of animals brought in between shelter and animal control. So, like if it's a -- straight from the public or if it's animal control bring in, that goes to one bucket. If it's an animal that we transfer in from say a California shelter or something, that goes into a different bucket, and we use percentages based on where those animals come from to allocate costs to the animal control contracts or just our own shelter and, then, for overhead type items, not necessarily animal costs, but overhead items we also allocate like a third to our medical center. Like operating supplies and that nature. What's changing is we are no longer going to be sharing those costs with animal control, because our new facility doesn't have an animal control piece and it doesn't have an intake facility. We need to cover the cost of operating an animal control facility without being able to share it with our public, hospital, and our adoption process. Does that answer your question? Palmer: Madam Mayor. If I -- I guess if I understand. So, then, because you chose to expand and open your new facility, you need more money from us to be able to manage your old -- to be able to keep open your old facility? Gilberg: We have changed our operation model. Yes, I guess you can say that we are changing our operating model to be more consistent. The reason that we are building a new facility is because it has a lot better visibility for adoptions. It will be much more of an adoption friendly facility versus a pound kind of location. And as Dr. Rosenthal mentioned, we had planned to move animal control over, but all of our funding is coming from donors and, unfortunately, we haven't been able to raise the money to build the additional facility to move that part of the operation over as well. De Weerd: Okay. Other questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I'm in the same boat as Councilman Palmer. I wasn't here when the original agreement was made, so I have a question for Council and maybe you folks. Was the original agreement that we had -- did it include adoption as well or were we only responsible for the portion that Councilman Palmer stated in regard to animal control? De Weerd: Chief, do you want to answer that? Lavey: Madam Mayor, Councilman Bernt, when the negotiations were entered into IHS the agreement was that they would cover all animal control duties. That was adoption, that was medical care, that was animal control, that was everything that we were providing at the time, just at a very inconsistent and against community expectations as far as a city. We didn't do it well. The idea behind it was that we would have one organization that could provide 24 hour coverage, that could provide the consistency that our community expected across the valley and also that as our city grew that we Meridian City Council February 6, 2018 Page 12 of 63 would have to pay more. If you will notice on that last slide that she showed, the first two cities that are mentioned provide their own animal control facilities, yet pay the highest amount per population. We cannot do this as an individual city and do it well and be cost effective. So, I have been working with the chiefs and the sheriff to have discussions about the future and where do we go, because we can't go back to the way we used to do it. I don't know what that entails, but we have to do something. And that is why they are here today, is because we have to start that dialogue now, instead of waiting down the road when they go, surprise, it's all yours again. So, that's why we have to start talking about it now. So, hopefully, that answers -- answers the questions. Bernt: Thank you. Gilberg: Madam Mayor, if I may. We are not proposing to change the scope of what we are doing. We are still providing the same exact service, it's just in our structure is changing, because our locale and our infrastructure is changing. We are growing just like City of Meridian is growing. Our infrastructure is changing. We are not changing what we are providing, it's just the cost of what we are providing is increasing because we now have to cover our own costs at the other facility and when we first negotiated with Meridian, which I believe it was four years ago, we had anticipated that we were going to move animal control over with the new facility. We have had to significantly downsize the new facility based on the amount of funding and the cost of construction. When our capital campaign was begun several years ago we were in an economic downturn and construction costs were down. We are now in the height of building and we are seeing on a daily basis increases in our construction costs. So, it's just -- unfortunately, we have been kind of subject to what the economy has done, as well as everybody has. De Weerd: Any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Ms. Gilberg, I appreciate what you're -- this is not, obviously, an exciting presentation to come to make. I'm sure you weren't excited that you got to come and present this to us, so I'm trying to take that into consideration. I'm trying to look at this through the eyes of -- of a Meridian city taxpayer and if they were to come up and ask me what benefit they get for the city if we were willing to spend the amount that you're requesting, what changes are they going to see? Is there -- is there -- I'm not seeing anything and I'm struggling -- none of us were on the Council when that contract was first engaged, but this is something that's very important to me and I was a strong proponent of the city ran services and I'm a strong proponent of the Meridian Humane Society and our volunteers. I'm struggling to see what benefit or value we bring to the taxpayers for the additional funds that you are requesting. You guys were here a couple of months ago and were asking for additional funds to -- and the big piece that stuck with me is you want to be able to provide a living wage for your staff, which I Meridian City Council February 6, 2018 Page 13 of 63 wholeheartedly supported. This one is really hard to wrap my head around as to what benefit our community receives over and above what we are already receiving as a result of this request. Can you help educate me, so that I can educate them? Gilberg: Councilman Cavener, Madam Mayor, what we provide is -- you're right in that it's not going to be a different service per se, but it's going to be -- and Dr. Rosenthal can correct me -- you want to correct me? Rosenthal: Madam Mayor, Councilman Cavener, the rest of the Council, if you don't mind, let me just kind of -- and I'm going to flip that question around a little bit and say this is an add cost contract and certainly it has been intimate to the function of the humane society for -- since 1945. The humane society was formed -- interestingly not so much to save animals from mean people in the community or off the street, but, actually, to save animals from government, because when the Idaho Humane Society was formed the city of Boise was running a horrendous pound in which animals were left to starve, they were shot and they were left to decompose in their kennels. The humane society was formed by an outpouring of community anger to provide an alternative to government running these facilities and for years the humane society has -- because of that heritage in many humane societies around the country have a similar heritage -- said, well, we have to do this, because it will be so horrible if the police department does it or the government does it. Well, that's no longer the case at all. Some of the finest facilities in the country for animals are run by government and there is very little difference anymore. The question is what does the Idaho Humane Society subsidizing animal control costs for Ada county do for the Idaho Humane Society today. I think what we are saying here is we have evolved as an organization. There is very little that we benefit from when we are going around the valley writing tickets for barking dogs, dealing with dangerous animals -- sure, saving animals off the street, I can put my arms around that one. Taking an injured animal from an animal control officer and providing really fantastic veterinary care that probably no other humane society anywhere in the northwest is able to provide. That I can wrap my hands around. But more and more -- and I think what we saw happen in this capital campaign is emblematic. What did our donors tell us? The donors told us we were going to pay for a new adoption facility. We love that. We are going to pay for a new veteran hospital. We love that. We are going to pay for a humane education facility. We love that. Oh, you want four to five million dollars more to replicate your -- we hate this term -- but pound -- pound function? No, we are not going to fund that. That in every -- why would the donors of Ada county fund that way when in every other community in the northwest government funds that. Government provides those sheltering facilities. Well, we haven't had that. We have borne a very, very large proportion. All of the capital expenses, the current shelter, the new shelter, all borne by our donors. None of it borne by the taxpayers. There are certain costs in animal control that I think legitimately fall on government to fund and I think that's all we are saying here is, look, we wish the donors had added onto our facility, so we could have been a little more efficient and maybe brought those costs down, but the costs are still very low compared to really any other place you look at in the northwest and, really, a lot of places around the country. In the future, you know, it would be great to add onto our current facility and that's Meridian City Council February 6, 2018 Page 14 of 63 currently, you know, a long term plan, but I think what the Idaho Humane Society is saying is we provided this wonderful asset in the Dorman Street shelter, it's there for government to fund and run. You're saving five million bucks right there, but the days of the Idaho Humane Society asking our donors to fund what costs should fall on local government, are -- they have to end to a certain degree and that's -- that's where we are at right now. All the municipalities that currently work for us are just going to -- work with us are going to have to make a decision. Do they want to work together and make an affordable -- you know, a well-run animal control program, whether it's run by us or run by someone else. We are open to any solution. But I cannot -- my organization cannot subsidize animal control in the future. We are just not in that situation anymore. That's where we are at. Thanks. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm all about contracting anything out that we can, because most of the time private sector knows a lot better than government how to do anything pretty much. A couple of the things that you mentioned is that -- to your cost or personnel and one way you mentioned you would be able to save a lot if you weren't open for 70 hours for redemptions in the week. Anything like that that you can find to be able to bring this number down I think would be very important, because understanding that you -- you mentioned the preliminary numbers and there are only estimates at this point, but 35 to 50 percent increase is impalatable. I think 15 to 20 percent increase I impalatable. Understanding we probably can't do it cheaper, but, please, find whatever ways you can to -- you're going above and beyond with incredible service. You know, when it comes to animal control services if somebody is in a situation where they -- you guys pick up their dog, I think a few hours less than 70 hours a week opportunity to redeem it to make it easier on the rest of the taxpayers would be beneficial. Whatever you can do to bring the number down please do. Rosenthal: Madam Mayor, Councilman Palmer, I totally agree that there are a lot of opportunities here and there are things that we proposed in the past, but I think because, you know, we had less community involvement in some of the details of what we did that folks maybe didn't want to pursue them. We -- for instance, barking dog complaints were -- that's a prime example. That's one of the number one complaints we go out on. Well, what are we in those cases? We are a paper shuffler. We don't witness the dog barking. We are not there at 11:00 p.m. It's -- in other communities this has become kind of a self-serve -- you can file a complaint and find your day in court kind of a thing. You don't need an animal control officer to come out and have a citation served. There is a lot of good opportunities to save money and become more efficient and also -- and I -- and, Councilman Cavener, I haven't forgotten about some of your requests and we have -- we are getting information together with you. But in addition, very interested in what happens on the side of prosecution and in the courts it's very frustrating, for instance, for animal control officers to be paid by you folks, go out and write citations, and see a lot of these complaints dismissed in the court. We would like Meridian City Council February 6, 2018 Page 15 of 63 to have more information about why some of these cases are being thrown out and getting more in sync with prosecution and police and we are all on the same page and we are doing what the -- you know, what you folks want us to do. So, I think there are a lot of opportunities for savings that -- that don't decrease the overall service level and I think technology will provide a lot of that as well. So, thank you very much for those comments. We will try our best. De Weerd: Well, we appreciate the perspective and the dialogue that's happened today. When the city went into a contract with IHS we were in the midst of losing our facility, so we had a choice of building a brand new one and operating it ourselves to a different level and an expected level. When we contracted with you we weren't just dogs, we were serving all of our citizens, not just the dog owners. So, you did give an increase in level of service when we moved to our contract. If we had our own facility and we continue to experience our growth, in addition to everyone else's, we would be looking at the same thing you're doing now. So, this was -- this is part of a cost model that certainly when we thought we would be in the new facility and many of your donors are our citizens as well, but I understand that separating the two probably is a good move to allowing more local control on the animal control side of things. I would suggest to have some kind of a GPA type of a thing where you have a joint powers group that provides feedback, gains that accountability, understands the numbers and costs and talks operationally in terms of what can be done to reduce costs and find better efficiencies. So, those are all dialogues that as you move forward and solidify some of these numbers, that each of your contracts have an opportunity to weigh in and to help problem solve, because I think some of that can be done with -- with stakeholder groups. Rosenthal: Thank you very much. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Dr. Rosenthal, isn't there a fee associated when you come and pick up the dog, but your dog that was roaming around and where are those fees included and how much do they offset? Gilberg: Madam Councilman, Madam Mayor, there are fees. We -- we remit some of those fees to the City of Meridian. So, they are not completely available to us to cover our costs. For example, redemptions, though -- and we were talking Meridian 3,000 dollars in pound fees for Meridian, we remit all of those. Drop-off fees, 7,000 -- they are pretty small and as a portion of a retained is included in our revenue base, yes, but it's been factored in. Little Roberts: Follow up. So, am I understanding, then, that most of the animals that are picked up are, then, adopted out, they are not returned to their owners with fees included? Meridian City Council February 6, 2018 Page 16 of 63 Rosenthal: Most -- sorry, Council Woman, Madam Mayor, actually most of the animals are returned to their owners. It's just those impound fees don't amount to that much and they are -- most of them are passed on. We have a boarding fee, which is a very small fee that IHS retains, but the rest of the impound fees are typically, with the exception of Ada county, passed back on to the -- the cities that we contract with. Now, some of those, then, come back to us, obviously, to offset the General Fund expenditures. And those are tracked by -- I belief the city clerk on a monthly basis. Gilberg: Yeah. We remit monthly and I think we retain like ten percent for processing or something of that nature. Little Roberts: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, what do we do with that money? De Weerd: Mr. Clerk? Coles: Madam Mayor, Members of the Council, Council Member Palmer, so the -- the amount that's actually kept by the vendor we changed a couple of years ago from the ten percent to 50 percent now. So, it's a 50 percent split with our vendors and that helps cover the staff cost in terms of mailing out fee, the tags -- entering the tags into the system. So, it's a fee based on offering the service in terms of tag -- providing the tag and in covering our costs of staff time, which is the only thing that fees can cover from the city standpoint. We can't -- we can't earn money, all we can do is recover our costs for that service. Palmer: Madam Mayor? So, the tag fees aren't covering the cost of doing tags? Coles: Madam Mayor, Members of the Council, Council Member Palmer, they are. That's exactly what they are covering, because we don't make money on that. We are simply using that money -- or I guess collecting that fee to provide that service. We don't make the money, we just -- it's the fee that covers the service. Palmer: Madam Mayor? Okay. Now, I'm lost. So, the money that -- from somebody coming to pick up their long lost -- Gilberg: Redemption. Palmer: -- Fido -- De Weerd: Yeah. That's different from your dog license fee. Meridian City Council February 6, 2018 Page 17 of 63 Palmer: Yeah. That money. So, you're keeping that? Gilberg: We remit any -- every municipal is different, so I apologize if I'm -- all this isn't exactly right, because every municipality is literally different. My recollection is that we -- we do emit redemption fees. So, whatever the -- whatever is in your code that says this is what you're going to pay if your dog is caught at large and it's going to be this much or this much if not -- that that we collect we remit back to the City of Meridian. We, then, retain -- if there is a boarding fee -- like if it's there for three days, we charge a minimal boarding fee. If there is a vaccination fee or whatever. However, that being said, for every three people that come in one of them screams at us and we end up taking the boarding fees off and whatever else and the only thing we end up ultimately collecting is what we are required to remit back to the cities. So, we do try to remit anything under your ordinances back to you. Palmer: Madam Mayor? Don't do that and what do we do with that money? De Weerd: I would imagine it goes to the police department under their line item for revenues. Is that collected through you and the contract? Lavey: Madam Mayor, we have to consult with Finance to know exactly where it goes now because of the transition over, because the clerk's office did take a lot of stuff from us that the police department had, but it used to come in under revenue generated in the police side and it diverts back to General Fund. So, it goes back into the city General Fund and, then, we get to hash out where it goes next year. De Weerd: Yeah. I think what the clerk's office -- they kept only the dog licensing piece. Everything else kept in the Police Department and that does go under their anticipated revenue aspect. Lavey: But, Madam Mayor, we are only talking thousands of dollars, we are not talking about any large amounts of money that's going to help solve this issue. This is way beyond what monies we bring in to solve that issue. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While it's not large it is a few home's worth of their entire property taxes to the city, so I mean it would make sense to me that they are doing all the work, may as well hold onto the money and have that offset, so we didn't have to pay them in the future, even if it is a few thousand dollars, so -- my next question is what are we looking at on timing to -- to know how much you were starting to budget in October? I assume you're not -- you're going to want more than 381 come October. Meridian City Council February 6, 2018 Page 18 of 63 Rosanthal: Madam Mayor, Council Members, yes, I would assume this is going to be something we will discuss in the next budget cycle and hopefully we will have made a lot more progress before then and I would anticipate another meeting with all of our stakeholders prior to that time. There is simply going to have to be more communication this year than we have in the past, so we are all comfortable moving forward and it looks like from our calculations with our construction and move in that in the third quarter of the next fiscal year we will be in a new situation and we will need to make sure that the Idaho Humane Society can -- can remain whole through that process that year. De Weerd: Well, the changes that -- that Council had a heads up on would be effective during our next budget year effective August 1st -- I mean October 1st. Sorry. Rosanthal: Yes, Mayor. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, just listening to this process from a business perspective is making me crazy. It seems now that you have -- you're separating your model. You have two separate facilities, that everything needs to be kept separate. If you're going to have salaries paying for the Dorman facility and, then, that should be completely separate from the Overland facility and any monies that come into the facility should be put towards the base cost of that facility and, then, you take the difference of -- which we know is still a lot and, then, you divide that up the way that it should be and you -- shouldn't be paying you admin fees to write checks back to cities all over the place. That just seems like so much extra work and it doesn't make any sense. At least with the new model it doesn't make any sense. That was my -- so, maybe consider that at least when you're putting together your structure. Rosanthal: Madam Mayor, Members of the Council, there are other opportunities for -- I think personally more efficient processes. For one thing potentially a county-wide licensing where everybody in the county pays into -- and it could happen with a joint powers agreement where everyone is simply paying into one system, so we don't have redundant positions all over the county handling license fees, for example, and issuing licenses. If we have one central animal control facility, one licensing program, one group doing licensing, one group issuing licenses, there is lots of opportunities like that I think to explore and it's one opportunity with this kind of transition. Additionally, I will mention, because this always comes up with the Boise city council, the membership of Ada county as a stakeholder is a little different than the other communities they would say because of their taxing ability, which is not something that we can argue necessarily, but Boise city is always interested in talking with the county about them paying more and in most communities around the country it is the county that takes the primary responsibility for animal control within the county, even though there are Meridian City Council February 6, 2018 Page 19 of 63 incorporated cities throughout. So, I will just throw that forth. That's a job for you folks and not so much for me. Thank you. Gilberg: Madam Mayor, Council -- De Weerd: We were just trying to be behaved, because we would have said the same thing, but we were behaving ourselves. Leann. Gilberg: Madam Mayor, Council Members, one thing you will note in the projections that I put up, I did not assess anything to the county, other than their proportionate share based on their population and their usage and so if they were to pick up a county wide assessment say it would substantially reduce what the different municipalities would potentially -- De Weerd: Well, I was going to tell you that your population number for the county was wrong, because their population number is the entire population and I think that's what Boise was saying is you're showing an incorporated Ada county, yet we are all county residents and that -- that is the -- the argument and the rub with most of the cities is we pay the same amount of taxes that unincorporated at county does and so we are all Ada county residents. Gilberg: I based my numbers simply on our conversations with them and the stance that they take, so -- Rosanthal: However, it should be noted that currently Ada county does pay more than their popular -- their integral population would -- would indicate and that potentially could continue and, actually, be expanded on. But, again, we feel we -- we have attempted to raise an argument with them, but without the other communities coming together in assisting I don't think that could happen. Thank you. De Weerd: We love putting people in the middle. Any other questions, comments? No? Well, thank you for coming and having this difficult discussion and I guess, chief, I assume that Lieutenant Colaianni is the assigned individual from the city that -- Lavey: If he wasn't he can be. De Weerd: Isn't he over community services? Lavey: Madam Mayor, Council, so now you know why we invited him here today. So, I was kind of sugar coating the discussion we had in October, but some of the information that was given to us was -- was concerning for long term. Where do we go. What do we do. How do we cover it. And so that's why we wanted to get in front of you and have this dialog. So, I really appreciate the dialogue we had today. With Councilman Palmer, your -- your statements are exactly what we were talking about is what do we do, how do we do it, how do we reduce the costs, how do we provide the service for our citizens and be the most efficient. And so this is the start of that. I don't know where it Meridian City Council February 6, 2018 Page 20 of 63 will end up. Lieutenant Colaianni has been overseeing the contract and community service and stuff over the years. Hadn't really decided who the contact person was for this particular incident, but I think we just now assigned it to him, so we will make it happen. De Weerd: Scott, I really didn't mean to assign it to you, just the assumption of sorts. Certainly whoever is the most appropriate and who has been working with this contract, because, you know, there -- there is a contract oversight and that's the appropriate person. Certainly we want an elected official to -- to be part of those discussions as well and since Mrs. Milam has this business acumen, I think -- Lavey: Madam Mayor -- De Weerd: -- or I'm sorry, Mrs. Little Roberts has also run a business, so -- Lavey: Madam Mayor, I have expressed -- or I have notified my Council liaison, which is Anne Little Roberts, and so she's aware of this. But my previous liaison Councilman Milam, also has been notified of this, because she was my previous Council liaison. So, there is electeds that already know what's going on and for Meridian I don't see that really being -- really being in the issue. The issue is trying to get all the partners, all the stakeholders together just to work as one team. That's the struggle. And we know where that potentially is going to be the barriers and so we have to figure how to overcome that. So, we will work on it. Or we could bring Lieutenant Overton back. He was the -- the one that was in charge of this contract for years and years and years and he retired on us and we really haven't had a person in charge of it per se since then, because he just left us and so we could bring him back as a contract employee and he could oversee it. I'm sure he would enjoy that. Between myself and Scott we will make it -- we will make it happen. B. Idaho Transportation Department Update on State Highway 69 Project De Weerd: Thank you. Item 6-B is under the Idaho Transportation Department update on State Highway 69 projects and so I will turn this over to Caleb. Hood: Thank you, Madam Mayor. Today we have Daris Bruce with ITD and Brendan Coates with RBCI, who has contracted with ITD to do some of their public outreach. Just a little bit of information by way of background and introduction here. A couple of months ago Erika Bowen from ITD presented to Meridian's Transportation Commission an upcoming project on State Highway 69, just south of the interstate. Part of that presentation and discussion I had subsequent with Ms. Bowen was a request for city staff to go with them to knock on the business doors as their -- informing the business owners of the impacts to the business and we thought that before ITD goes out there that you all should know what the project is, should any questions or comments or complaints come your way. So, that's really the intent is for Mr. Bruce to kind of run through what this project is and maybe a little bit on -- on their outreach efforts that are Meridian City Council February 6, 2018 Page 21 of 63 -- that are imminent here. So, with that I will -- Madam Mayor, if you want to turn it over to them to give their presentation I will pull up the flyer. De Weerd: Thank you. Good afternoon. Bruce: Good afternoon, Madam Mayor, Members of the Council. Please accept my apology, I'm just a -- kind of a simple engineer, so I want to make sure I use your protocols and communicate with you, but, please, excuse it if I miss it, so -- De Weerd: If you will just state your name for the record. Bruce: My name is Daris Bruce. And do you need my address? De Weerd: We know where to find you. Bruce: It's Meridian, so at least I live here; right? My name is Daris Bruce. I'm the resident engineer for the State Highway 69 pavement rehabilitation project. The project consists of rehabilitating State Highway 69 from Kuna all the way to the Overland intersection. Basically what we are doing is going out and replacing a plant mix for overlaying plant mix to rejuvenate the surface and extend the surface life of that highway. Two things we are actually adding to it. There are signals going in at Lake Hazel and Hubbard. Those will be new signals that are added to State Highway 69. We will also be looking at some of the ADA, which is the Americans With Disabilities Act, ramps that exist in the area that need to be upgraded to meet the current ADA requirements. So, there will be replacements taking place at the Victory intersection, as well as the Overland intersection. That's basically we will have to go out and jack hammer out the existing ramps and replace those. The project is scheduled to start sometime in July. We have a contract start date between July 7th and August 8th and the contract will run for about a month and a half. It will be all night work. As you can imagine if we get out there and take a lane on that thing we wouldn't hear the end of it, which I kind of don't like that, so it will be all night work. Some of the work on the side with the ramps will take place during the day, just because that makes it easier. It will take shoulder closures, but, basically, we are hoping that you will not see much of us out there. The contract is currently out to bid, so it has not been awarded and it opens within the next two weeks and, hopefully, we have good bids we will be able to award and, then, be on track for starting construction, as I said sometime in July through August and, then, be completed within a month and a half. Of particular concern -- the reason why we are working with Caleb was we -- we and our traffic engineer, who is Erika Bowen, came up with a plan to address the congestion that we see right now on the northbound side of State Highway 69 -- Meridian Road. Sorry. Meridian Road coming into Overland. We have -- and I'm sure that you're probably well aware of it -- have some issues with congestion there in the morning and have identified ways that once this project is done we will change the lane configuration coming into that intersection, as well as some of the signal heads, so that we end up with a dedicated right-hand turn bay going onto Overland, so that individuals wishing to get to Overland will not block the people wishing to get to the interstate. That's one improvement that Meridian City Council February 6, 2018 Page 22 of 63 we are putting in there. To trade off there we are taking away one of the left-hand turn lanes that is for south -- or, excuse me, for northbound Meridian to westbound Overland. So, we are taking away one of those. Looking to the traffic counts there is no detrimental effect of that, because there is very low turn movement for that -- that particular movement. We will be putting in a medium barrier. The medium barrier is going to be pretty much a curb that's about ten inches wide at its base, about six inches at its surface -- or above the surface and 30 feet intervals in that -- in that medium barrier there will be what are called glue down tubular markers. Those are 30 inches tall. You have seen them in other areas. ACHD uses them. They will be yellow with reflective tape on them. That's just to make that barrier more visible and the left barrier is going in to preclude left-hand turn moments all the way to Calderwood and, basically, the reason why we have to put in the barrier is is that with the improvements with the restripe we anticipate that we will have higher throughput with traffic, which makes that left turn movement more hazardous. We, unfortunately, haven't had too many opportunities for conflicts with the left turning movement. I imagine law enforcement can attest to that. We have had accidents out there with rear-end collisions and sideswipes, more consistent with people exhibiting poor behavior when it's congested and not turning. But, once again, with that higher throughput when we restripe we will have issues -- or could potentially have issues with the left turn movement, so we are taking them out. The reason why we had approached Caleb and the city was we were looking at going and talking to the business owners south of the Overland-Meridian Road intersection and discussing what that change in access would look to them and that's basically I think -- and I don't want to put words in his mouth -- Mr. Hood's mouth, but I think that's one reason why he wanted us to come and talk to you today and -- De Weerd: So, you haven't talked to the businesses yet? Bruce: We have initiated contact with some and -- Brandon Coates is our -- our outreach person. We hire them to actually come help us talk to people, get the message out and we have initiated some contacts. I'm not sure how far those have gone, so that's -- Coates: Thank you. Madam Mayor, Council Members, so -- De Weerd: If you will, please, state your name for the record. Coates: Brandon Coates with RBCI. De Weerd: Thank you. Coates: So, this -- this week we -- we put on hold going out to the business owners until we could speak to the Council. This week we have days planned -- Thursday we were going to go out to all the businesses and do a walking tour, going and talk to them, give them the handout that we provided you and, then, I will talk to them about the accesses and the access change and what that will mean and that's what's planned for this week, so -- Meridian City Council February 6, 2018 Page 23 of 63 De Weerd: And know I don't want to shoot the messengers, but if the city doesn't agree that this is a good proposal, does that mean anything? Bruce: Madam Mayor, yes, it definitely does. Milam: Madam Mayor? Oh, sorry. De Weerd: Mrs. Milam. Milam: Well, so I had a question for you -- and I know what the businesses are going to say, it's going to hurt their business. This is their -- this is their blood, sweat and tears, it's their life, and you said you put these medians in, because it might cause a problem on the left turns. Couldn't you leave them out and put them in if there is a problem? Because it definitely, no matter what, is going to hurt those businesses. Bruce: That is something we could consider. Our plan right now is to install them. We had worked with law enforcement, as well as Ada county and I do not know who at the city we had talked with before. I know that Erika had identified this plan and presented it and worked with somebody, so that's kind of -- we are kind of caught between a rock and a hard space, but we can still definitely consider that and look at that option. De Weerd: It will also save money. Bruce: It definitely would save money. The problem is is that we -- as we have seen on Eagle Road the reason why the medians went in on Eagle Road is we had fatalities for left turns. I installed the medians on the Eagle Road and I actually live off of Eagle Road and solid benefit with that and there is definitely a tangible benefit to putting in medians. Milam: Madam Mayor? And I do understand on Eagle Road was necessary, especially in the mid strip where the speed limit -- you know, people are going pretty fast. We are talking about an area where, except where speed limit is lower, people aren't flying through their generally, because you have got the signal, I just don't -- personally I would say we -- but if you -- if you talk to all of the businesses and they all say no problem, we don't have a problem with this, that would change my mind, but that's the only way you're going to change my mind. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm really concerned. I worked with the businesses in another capacity when the medians went in at Eagle and Chinden and it caused great harm to a lot of those businesses, to the point that one of them even closed, and so -- so, access is critical in my opinion and so my question is on Calderwood is that going to be enhanced Meridian City Council February 6, 2018 Page 24 of 63 for more access, since that's how a lot of people are going to be getting to those businesses, especially on the corner of West Overland, like where the new Cap Ed is and that area? Bruce: Councilmember, Madam Mayor, Calderwood will pretty much remain as it is right now with -- it's not a controlled intersection with a signal, so we will not be putting in a signal. It will remain as it is. Striping is going to remain pretty much as it is. There will definitely allow for the U-turn movement for southbound traffic to do a U-turn to come back north, but as it is pretty much now that's how it would be striped. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Is it possible to look at a signal at Calderwood if that becomes a problem? Is that within the parameters? It seems like it's too close to the Overland signal. Bruce: Council Member, Madam Mayor, for this project it probably would be too late for that. I have to admit I'm more the construction materials engineer and not the traffic engineer. What we would look at there is we would have to look at a warrant to see if the turning moments would warrant that with our projected future turning activities. Also in addition to that we would have to go through and do a traffic impact study and that would be something that we work in partnership with ACHD to determine what the impacts of the signal would -- would have on the -- on, essentially, the corridor there. Intuitively speaking that might -- well, I shouldn't say intuitively speaking, because I don't know. I'm sorry. I will wait for empirical data. Sorry. Little Roberts: Madam Mayor? I would certainly agree with Councilman Milam that I would recommend we leave the barriers out, if at all possible, and see if they at that point needed to be added. If the construction of the added access can resolve a lot of the traffic issues -- because it will have a detriment on those businesses. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm no traffic engineer, but I did stay at a Holiday Inn Express and so I'm looking at your -- your map here I know it says map is not to scale, but my question is going northbound is it going to make it where all three lanes will enter the intersection, shift right, be able to continue through the intersection or will they be able to go exactly straight on from the center of the lane through the intersection? Bruce: The shift will take -- Council Member, Madam Mayor, the shift will take place back further between the Calderwood and the Overland intersection. So, there will be a subtle transition as the through lanes move over to occupy the existing -- for lack of a Meridian City Council February 6, 2018 Page 25 of 63 better description -- right hand, left turn, that goes onto West Overland. So, they will shift over a little bit, that 12 feet, but it will be a subtle shift in between those two intersections and, then, they will line up and go straight up and hit the intersection at the top of the interchange. I hope I interpreted your question. Palmer: Madam Mayor? So, they will shift left, though; right? Left though right. Left to occupy the existing left turn lane; is that what you're saying; right? Bruce: Council Member -- yes. Palmer: Oh. Okay. So, I think seeing now -- it will be also changed on the other side of Overland, so that you can actually go straight, not have to do what you do over at McMillan and Meridian I think, where if you enter the intersection you go straight you're going to find a curb. That won't happen here? Bruce: That will not happen. Palmer: Awesome. So, I like it -- De Weerd: Okay. Does our PD wish to add anything to this discussion? Lavey: Madam Mayor, Council, the Police Department has not been popular when it -- when we come in front of Council when we have these discussions and you pay us to think about community safety and the barriers will provide that safety that we need. Without the barriers we have a lot more crashes. It's your jobs to think about the commerce. It's our job to think about public safety and all we can do is provide you with our subject matter expert testimony, which is what we do, and, then, you have to look at -- if we don't put the barriers in now and we put them in later, how much more money does that cost us because we delayed it? So, we are going to push for the barriers after we -- well, we would like to push for the barriers, but we also know that we have to talk to the businesses and if the businesses outweigh that safety concept and that's what you choose, then, that's what we go forward with. You know, ultimately the decision is up to you. All we can do is give our -- our input. We stress the barriers, but we understand the difficulties of those decisions that that also makes. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Can you educate us on the matrix or the process that you go through in determining if barriers should be installed or not installed? I can appreciate the life safety element that they bring and the safety element just in general, but I'm curious if you would be able to educate us as to why the decision was made here. There are some other places where -- again, I'm not a traffic engineer, I haven't stayed at a Holiday Inn Express, so I don't know why they land some places and don't land in others. Meridian City Council February 6, 2018 Page 26 of 63 Bruce: Councilman, Madam Mayor, the one reference to the barriers that went in near the Chinden and Eagle Road intersection, those ones were driven by what are called HALs, HALs are high accident locations, where we actually have a lot of data that they show up statewide and there is justification -- safety justification why those have to go in and that's -- unfortunately, that's exactly -- you know, we recognize that that was going to be hurtful to those businesses, but how do you balance that versus the safety of your traveling public. In this particular case I apologize, I have to tell you that I'm bringing you the message. I would have to grab our -- our traffic engineer to determine what that -- or to convey what that decision matrix was and what warrants a barrier and what does not. I do not believe we have HALs in this area, but I could be mistaken. I know that we have accidents. As I indicated we have rear end collisions and side swipes, which is, once again, kind of that low -- low impact issue that you have with congestion, but once you start moving traffic and you still have those left turns and the congestion, that's -- much like the Police Department, we are a little more concerned with the safety than -- you know, the economic opportunities and -- that's a big difference for us, too, but I think first and foremost we are -- we are after the safety for the traveling public. De Weerd: I think with removing the left-hand turn you will have higher incidents of the rear ending on the two lanes going south and having a car cross four lanes of traffic. Certainly it's problematic. It's -- it's different than crossing two or even three if you include the turn lane. So, I see in the design why you would do it, but that's a tough location to get cars into anyway, you know, already, so I -- I am curious, I -- as to what they have to say, but I am equally curious if we -- if this Council really took a stand and said we don't want to support the -- the barrier, if ITD would choose anything different. Bruce: I would say that's a few scales above my pay grade, but -- or excuse me -- Madam Mayor. Sorry. That's above my pay grade. But it's -- we listen. It's a collaborative process and we -- we are working to actually address everybody's concerns and we definitely are not going to go out there and just make decisions without anybody's input and if we have justification for why we are moving, once again, warrants and the reasoning why we are actually putting them in, if there is a cold hard data to support that, then, we probably would enter into further discussions and substantiate that. I do not have that data right now to back that up. But we can definitely work on getting that to you. De Weerd: I -- I guess my question, in looking at your data, if you can provide back to Council that the scenario that's being set up to improve this intersection and move traffic, if the accident rate -- and I guess I'm -- I would assume that it would be supported. If the accident rate increases by keeping the two lanes and having a left turn that would cross four lanes of traffic versus going up to the area that you have provided a U-turn opportunity in a safer manner, if that really is safer, the U-turn. If -- if data can substantiate any difference between the two. Bruce: Madam Mayor, I'm kind of confused. Are you referring to the use of the cones or -- Meridian City Council February 6, 2018 Page 27 of 63 De Weerd: So, the data -- if you didn't -- if you allowed -- well, didn't allow, but you didn't put in the barrier, you know someone is going to try and turn left out of that southbound lane versus going up to where you provide the U-turn. If you have safety data pertaining to that. Bruce: I do not know if we have that off the top of the my head. We can actually try and find that data. De Weerd: Okay. Bruce: I apologize. Lavey: Madam Mayor? You know, I'm not a traffic engineer either and trying to study this and trying to figure out what the -- the unintended consequences are. The one area I do have concern for the barrier is that when you're going southbound and you have to go southbound past Calderwood to make that U-turn to come back, traffic northbound is at 55 miles an hour and that's a concern for us. De Weerd: No. It's 35 there. Lavey: No. It's 55. It's 55 miles an hour on 69. Then it slows down to 45, then, it slows down to 35, but it's pretty much 55 until they have to break and, then, they rear end someone. That's really what -- what happens right now and so you're going to have people making that left-hand turn, that U-turn with traffic coming at them at 55 miles an hour. Hopefully they are slowing, but during the commutes in the morning they are not slowing down and so that would be a concern. Northbound the barrier is not a concern for us, because there is a right-in, right-out anyways already there on the southwest corner. So, the barriers don't impact us at all. So, you know, it's give and take and the other thing is -- is that the barriers oftentimes -- especially the barriers on Eagle Road, reduce the amount of left turn collisions and left turn collisions are not what our problem is here at this intersection, it's rear end collisions and how do we get that traffic slowed down sooner going northbound. Frankly, southbound is just congestion, people just being distracted, not paying attention and rear ending someone in front of them during the commute time. So, there is give and take with everything. I think if you have further questions you probably should have the traffic engineer come, explain this to you. We are just giving you our -- our take on what we experience out there. And the fire department might have some comments, too. Bongiorno: Madam Mayor and City Council, I agree with chief. We have that left-hand turn lane there in front of The Village and we had a couple of fatalities out there because of people making left turns going across -- what is it -- three lanes of traffic right there at 55 miles an hour. So, in this particular case you have got the same thing, you have got people trying to make a left turn across one, two, three -- basically four lanes of traffic and that's asking for trouble. So, in this particular case they could go up to Calderwood, turn left or make the U-turn -- because if they turn left they just turn left Meridian City Council February 6, 2018 Page 28 of 63 again into that parallel road that goes down past the car parts place, Carquest, and the dentist offices and, then, they can get to the Starbucks and get to Dutch Bros and Red Pavilion and all that other stuff, too. So, they can still get to it, they just have to go up a little farther and, then, make the left turn to get there. But I agree with chief, it would just -- the barrier would be a better solution. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think we need some facts. That's what I think. I think we need some facts. We need some -- some statistics and we need to talk to the business owners to find out what their thoughts are and that would help us come to a more prudent, educated decision on what we need to do with this intersection. De Weerd: Well, frankly, I think that in order to talk to the business owners you need that data. Bruce: Members of the Council, Madam Mayor, yes, that's our -- our next plan is to go out and talk to them. As Brandon said, I think we are scheduled to meet with them either this week or next. It sounds like both. So, we definitely will be talking to them. I definitely hear Council's need for data to substantiate this and definitely the traffic engineer has reasoning for what we have here and we will probably have to bring her back and, then, do another presentation for your -- your benefit. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think what the Mayor is saying is I think she -- and I totally agree -- as a business owner I would want to know those facts as well, you know, when you're going out to talk to them. I mean if you're going to want to recommend to put a barrier in, they are going to want to know why, you know, and the more facts you have probably the conversation -- the easier the conversation will be. Bruce: Madam Mayor, Council Member, yes, sir, I absolutely agree and I think, unfortunately, right now we have kind of the soft facts that I have. We need to make sure we have those -- that data to present to them and we will make a point of -- if we don't have it, suspending those meetings and getting the data and, then, making sure that we present a reasoned case. Bernt: Perfect. De Weerd: Thank you. Borton: Madam Mayor? Meridian City Council February 6, 2018 Page 29 of 63 De Weerd: Mr. Borton. Borton: For summary purposes, if I understand all this correctly, bullets on your list -- bullets one, two and four you're telling us. In bullet number three you're asking us with regards to the median barrier. Purpose of today's presentation; correct? Bruce: Council Member, Madam Mayor, yes, sir. That is correct. We had already made this decision when moving forward. Thought that we had had this information and definitely need to do a little more homework and get back with you. Borton: Madam Mayor. As to that one point with regards to the median barriers. But as to everything else, it's been resolved, it's full steam ahead; is that correct? Bruce: Yes, sir. De Weerd: Okay. Any other questions? Thank you. And I hope you don't feel beat up as the messenger. Bernt: Great job. You did a great job. Bruce: Thank you very much. De Weerd: Thank you. Thanks for joining us. Hood: Madam Mayor, before you move on -- De Weerd: Uh-huh. Hood: -- just how would you like to circle back on that then? I mean what -- what is -- how would you like -- De Weerd: If you could come back and give us -- Hood: It's possible. De Weerd: Yes. Hood: Okay. Item 7: Department Reports A. Legal: Annual Department Report De Weerd: Under Department Reports we have our annual report for our Legal Department. Meridian City Council February 6, 2018 Page 30 of 63 Nary: Madam Mayor, Members of the Council, I'm always happy to be here. I know you wanted a whole year for this update, so I am glad to be here on behalf of our legal team and our legal team is here in the room as well and here to just give you a little taste of what we have been doing for the last year. Again, it's a privilege to put our team on the front of our presentation. It's been a privilege for the many years I have been here to work with most of these people. Again, we are very stable, we have a lot of experience and a lot of folks here and we have done lots of things over the last dozen plus years for the city and we are really proud to be here. So, we are done. That's it. We do everything. I thought I would be a little faster. I know we have got a long meeting tonight and -- De Weerd: Well, thank you. Nary: -- I figured you would appreciate that. De Weerd: We do. Council, any questions? Nary: I will do a little bit longer version, but I thought I would give you an option to bow out if you choose. So, let me explain a little bit about the legal world. When I was a kid this is what lawyers looked like to me. These were heroes that I grew up with watching. I wasn't a big fan of Matt Dillon or Pa Cartwright, I thought these were the people that you wanted to be. Right, Councilman Borton? Maybe yours were in color, but these were the folks I aspired to be and the kind of lawyer I wanted to be and I really wanted to be that guy, because I thought he won every week. I thought he was really good, but he was always honest, he was always ethical, thought he was up front with people, and I thought that's what lawyers were supposed to be. So, that's who I think we as an entity are for the city. I mean the city prides itself as an ethical and up front organization and we, as the city attorneys, emplify that and want to be that for our public, for our elected officials, for our employees. That's the example we think we need to set. So, what do we do? And some of this I think maybe many of you have heard pieces and parts or all of it, but I know Council Member Bernt hasn't, so I wanted to make sure we covered the things we do that maybe sound repetitive, but he may not have heard before. We cover all of the meetings of the city. We cover the Council meetings, the commission meetings. If there is a committee of some sort -- the impact fees or the golf course, we have representation of the Legal Department at all of those meetings for varieties of reasons. To make sure the noticing has been done properly, make sure that the hearing is being held properly. Some of them have legal ramifications, some of them have city ramifications, but we want to make sure that everything is done above board. If there is questions that come up we are there on the spot to answer them at all these different levels of hearings and commission meetings that we have. Each of the departments -- I asked a few of them this year if they could provide me some comment on what we provided for them. So, I'm not going to read those. You can read those yourselves. But I asked the departments what services do we receive from the Legal Department and how does it help you. And, again, here is the city clerk's office. We review all of their public records responses. There was 305 of them last year. That's Meridian City Council February 6, 2018 Page 31 of 63 just -- that's just the ones that come through City Hall and through the Fire Department and everyone in this building. All the departments. The Police are handled separately and we have our partners from the city of Boise here, they will talk a little bit about that as well. We review all the temporary use permits. We review -- we prep for all the meetings for the Council and the Planning and Zoning. We spend a great deal of time prepping to make these meetings more efficient for all of you or for our commissioners, so that way we can get the business of the city done in a more efficient and better practical manner and we are involved in all of that, including, again, record retention. Human resources. Okay. Again, we review all of the contracts, all of the forms, all of the things in regards to policy and how we do that and we also deal with adverse actions. Again, we have sometimes issues in the city that we have to resolve in some manner, whether it's separation, whether it's something less than that. Again, we have legal representation involved in that and there is a slide we will get to a little bit later that would help maybe drive why this stuff is important on the front end. We are very proactive. Having an in-house counsel I think the greatest value received is because we are already here, you don't have to call us from down the street, you don't have to have us drive over from another city, you don't have to wait in line with any other client we may have, we are available all day every day. W e always have a lawyer here. We always have the ability to answer, respond, address questions as they come up. You don't have to until you can call at the end of the month or the end of the week or whatever that is. The Finance Department -- again, lots of different things to go on that some you see and some you don't. Bankruptcy cases. We have a number of those during the course of the year. We have had leans over there from Meridian Heights as we did that Meridian Heights a few years ago, we added some leans to property for that cost and so sometimes we have to file liens to protect that. We have impact fees, contract, city-wide fee schedules, lots of things the Legal Department has been involved in right from the outset. Again, our hope and our desire always is to create a more efficient system for the city as a whole, so that way things can get done, we don't have to do it over, you know, it always costs a lot -- it may cost a lot to do it the first time, it costs a lot more to do it again. So, we want to make sure we do it efficiently and effectively the first time and, then, we can move on to something else, because there is always something else. Fire Department. Again, we have varieties of different things in the collective labor agreement, which we will be visiting again this year. We have a variety of different contracts and joint powers agreements, public records -- again, we had 122 of those in the fire department last year. We review all of those code compliance, fire code, lots and lots of questions. I mean probably the bulk of what any of our folks do on a daily basis is really address a lot of questions on how to do something. Sometimes we can answer them very simply, because we have done it before. Other times we may have to take some time to go research. Has the law changed. Are the requirements different. Is there something else? Is your code -- we have to be sure we are aware of some. So, some can be done very quickly and some take a little bit more time, but we make the time to get that done. The Police Department. I just love this picture of Lieutenant Leslie. You can Google that and find that. I have no idea what he was doing, but I just thought that was great. I also think it's great that Meridian police has a logo that says keeping people and dogs safe. That's -- Meridian City Council February 6, 2018 Page 32 of 63 that's a great community to live in. That's their motto. Again, with police we have two different -- I don't know where it came from. De Weerd: I think you added it. Nary: Just Google this. I just found it. I just thought I could share that. So, again, same thing. We have a police attorney that we contract for with the city of Boise, has a lot of hands-on work, hands-on training, hands-on contact with the police department. Yet we also are very involved in a variety of certain things. Code enforcement. We coordinate with our police attorney and police services in answering questions, make sure we are consistent, you know. Ms. Starr is the primarily lead with that, she can contact me, we make sure we are both on the same page what we are doing. Again, lots of different levels of service that we provide to the police between contract preparation and review versus some of the other things, like today's discussion about the Humane Society and those types of things. Again, we have been very involved in all of those conversations. Parks and Rec. That's the bunny drop right there, if you weren't -- what is that thing flying in the sky. So, that's -- so, again, staffing all their meetings and all the different things that go on in parks or recreation. You know and visibly see the tremendous amount of things this city does in relation to parks and park programming. All of that behind the scenes and getting that done, whether it's the contracts with the instructors that we use for our various programs, whether it's the purchasing of property or the construction of those properties and things, all of that has some legal ramifications that we have been involved in, again, a lot or a little. Mostly a lot that we have been involved in and making all of that happen and make it as seamless as possible, so that, again, the visible things that you and the public see are really what the forefront should be. Nobody wants to get too involved in the policy draft and the contracting, but we still got to do it and so we are making sure it all gets done. So, really we can cut the ribbons, put up the signs, what's the bunny drop and have a good activity. Community Development. Again, obviously, all of you know and the public knows that is a huge function of what cities deal with. Annexations. Twenty- seven doesn't seem like a lot, but when you look at the number and the complexity and the time, some are very simple and some aren't. So, 27 of them in '17 and you think of, again, those all have development agreements, those are all somewhat customized to the particular issues. So, those, again, all take a lot of time. The third bullet there -- again, we spend a lot of time on home ordinance task force and getting that done. Most of you remember that. That was quite interesting and compelling to folks in our community and I think we ended up with a better product and a really good product that everybody was happy with at the end. Again, lots of different things in regards to codes and ordinances that we work very, very closely with Community Development and making sure that all of those processes that are necessary to make those work, both from a city standpoint, as well as the legal side, are done up front. Again, cities that have to do it over find, again, more expense, more lost business, more of a black eye sometimes when you can't get it done right the first time. Community Development Block Grant is another area that is highly technical and is very specific. Obviously, as all of you know, because it's driven by federal regulations, there is lots of complexity and requirements that are necessary to make that happen and so we, again, work very Meridian City Council February 6, 2018 Page 33 of 63 closely -- Ms. Kane for my office is very astute at this area of the law and she's invaluable to that program to make it function and to do whatever the city would like to do and make sure that -- providing assistance to the administrator to make sure we meet all the deadlines and requirements that exist out there. So, again, if you look at Public Works, that's the SENSUS meter we have talked a little bit about. There is -- that's not necessarily the power transformers at the treatment plant. I couldn't get a picture of those, but those look like transformers. So, again, a variety of different stuff that we are dealing with that are very time consuming, but are very critical to the city, you know, whether it's just SENSUS meter problem we have -- again, we have had a lot of sewer issues and things like that. Reclaimed water agreement, we are working on that again with one of our businesses. Lots of time and effort. And, again, having the internal time and staff to be able to manage those things, not having to outsource that type of stuff, provides I think greater efficiency and greater value to the public. Let me talk a little about risk management. I have had some meetings with this in relation to our strategic plan, which will be the next section that I wanted to talk about and how our risk management has been -- has been doing over the last year. So, this data comes from ICRMP directly. We have been partners with them for 27 years. These numbers - - I don't have a slide for this, but these numbers in relation to many other cities is very, very good and very positive for them. We are a very good partner for ICRMP. We work very close together. They are always at our call, but we also work very closely so that we can coordinate before we have issues, before we make payments, before we have concerns we are addressing those problems up front. Again, proactive is a lot better way to do business than to be reactive. So, let me give you a little bit of this data. So, what I asked them for is what -- what does it cost, what are the different types of issues out there in regards to risk management and how are those handled and so they gave me two different slides. This one first is losses by coverage. So, this is the type of coverages that we have and what types of percentage of that cost is and this is on a statewide basis, so you can see on a statewide basis almost a third of claims that you get are general liability and those can be from slip and falls and trip on the sidewalks to fall down in a building or something else. So, a lot of those general liability claims, that's about a third. Auto driving is a little smaller, about a quarter of it's property and employment is about 17 percent. Look at the city. Now, auto driving is higher, because most of our other claims are smaller. If you think of our city as an entity, the biggest bulk of things that we do involve vehicles, between police, fire, public works and parks we drive a lot of vehicles around. So, this is claims related to autos. So, although that percentage looks high, it's because all the other percentages of the types of losses that we may have in risk management are very low. Again, properties about the same. Employment is four percent. The other was 17. You know, again, that's part of what we are saying with human resources, we have a great deal of upfront discussion with that -- with human resources before we do things in the employment arena and that avoids claims, that avoids costs and those, again, of course, turn back in the premiums. So, although the auto driving looks large, relative to all of our claims it's really not that significant compared to the statewide numbers that you will see. So, yeah, when you look it by comparison, again, that general liability, you look at -- ours is eight and the state is 32. So -- how do I back up? There. So, this is losses by office and this by, essentially, departmental section is the way ICRMP does that and this is all cities. So, Meridian City Council February 6, 2018 Page 34 of 63 again, police are the largest. Again normally because that's lower. The most risk exists, the most opportunities for interaction exist, vehicles and everything else. So, police statewide is almost a third. Again, you look at water, sewer claims, parks and recreation, those types of things, all those different ones around the state that -- how they classify where damage or losses occur and when you look at the city in relation to that, again, our police, although it looks larger, because, again, ours is much smaller. We don't have a whole lot of other claims. So, these types of police claims, although you look at a percentage is large, the number is fairly small in comparison to others around the state. So, we, as an entity, both from the risk standpoint from the departments, as well as a risk standpoint in how we interact as a city with others, we are doing a really a job. We are keeping the costs low. We are interacting appropriately. You're going to have some risk that exists out there, but all of these numbers, as you compare on a statewide basis, really as you see most everything else is so small, it makes it look skewed for police, but it really is, again, because the pie itself -- this is the pie and they just happen to be larger, they are the largest department, they have the most vehicles, have the ability for interaction. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bill, I don't mean to interrupt. Can you go back to that slide. I just was curious -- in terms of -- I don't know if this is ICRMP's categorizing, but the street department, what do they categorize that as and how is that related to in -- in the City of Meridian? Nary: That's a great question, because I asked that, too. Those are street lights. So, every few -- every year we either -- we either have street lights that get damaged that we have no one to recover it from, so that's where that cost comes from. If we can recover it, then, we will get -- we will get some of that back. But almost all of that exclusively for us is streetlights. Cavener: Thanks. Nary: Here is just a chart they provide us of losses above 10,000. This is since 2006. So, this is an 11 year look back. As you can see, most of our claims are fairly small. You know, we have three large claims over the years, but most of them all are very small amounts of dollars and, again, that helps keep our premiums low, helps keeps our costs low, helps keep it affordable for us as a city by being able to manage all of this type of work. Now, you will see an uptick in claims. So, in 2017 we had an uptick in claims and some of it was related often to snow. W e had more collisions due to the snow. We had more building damage due to the snow. We had more people receive damage that the city caused due to the snow. So, we had a lot more claims for different varieties of things. So, I don't look at '17 as an uptick that I'm concerned. Here now a year from now if we are still seeing that same sort of trend, you know, we will -- we will get to how we are going to look at that between now and '18, but that's I think what our Meridian City Council February 6, 2018 Page 35 of 63 goal is is to look at those and see if those sort of level off and come back to the numbers we had in '16, which were more consistent. So, we have had some discounts. Again, all of you are aware we have an annual program that ICRMP sponsors that our city employees participate in, for both online training, as well as in-person training and with that they offer us a discount. So, the city realizes over 60,000 dollars in discounts over the last five years by participating in that program. We have, again, employee policy reviews, courses that have been completed. Harassment courses completed. As well as for supervisors. So, all of that -- again, the training and the opportunity to have those conversations both at the staff level, at staff meetings, as well as from supervisor to the staff, I think all help create that dialogue of understanding what risk exists out there and what concerns there are to address. So, the last piece I want to cover is the strategic plan. We have one active initiative we are working on currently and it's, again, in the risk management area. That particular -- that particular point was to do a comprehensive risk management program. We are 40 percent complete and what we did is we formed a committee and this committee, as I was telling the Mayor recently, this is made up of department records primarily and we had representatives from police, fire, public works, human resources, my office and parks and all of the folks around the table have the ability to make the changes occur and that I think is where the value of this process is going to be, because what we are doing is going to be reviewing the claims as they come in, reviewing -- you know, is there training improvements that need to be done. Is there different methods that need to be done. Is there sharing of information that could be done? Sometimes training -- the police and fire departments are really good at sharing training opportunities, but it's -- it's been a newer addition to that to maybe insure some of that training with public works and the same thing with public works, they do a lot of types of training that could be very relevant to police, fire, that might be helpful to them to have the opportunity or know that it's being -- occurring. So, this quarterly meeting -- we have already had our first meeting. We are going to have our second one here in April. So, I will be looking for those types of measurements, so that we can create a program that we can all be comfortable with that, we are addressing problems as they occur, we are on the front end of these things as developments occur and, again, we are going to look -- part of it I think we are going to look at those claims that are being made and saying are we seeing an upward trend or is it really going back down, because, again, without the snow event this year we may not have that same aberration like we did in '17. The future. I could not make that turn enough to make that seem realistic, but court facilities, police, attorney, prosecution, they know that's on my radar. We haven't resolved this issue today. We are still working on resolving this issue today. That potential still exists out there for this facility. So, that's probably the biggest thing on my radar screen to be aware of of what can happen between now and maybe the next time we do an update for you, but we are hopeful maybe we can get a resolution to this issue and move on to something better than this. So, this is how lawyers look like now. Not quite the same I know, unfortunately. You know, some look like -- might look like him, but, you know, there is a variety of mix in the law today and I get that, but -- and, in fact, I get that so much because I think this is the lawyer everybody knows today and that's not who we are and that's not what we want to be and that's not the type of legal team you have here at the city and I think all of you know all of our folks, you have had all of Meridian City Council February 6, 2018 Page 36 of 63 them engaged in a variety of different things that we have been doing over the years and I hope some of the reflections from the department's help reflect that as well, that we are really on the forefront, we want to be there for folks -- again, walking up to our office and coming in asking a question is not intimidating I don't think for anybody. I think most of the people that know -- that they need to know where we are and they know when we are available and when we will be able to respond to them. So, I think, you know, this is not the type of lawyers that we think we are, we really think we are better than that and we think we are more -- we are up front on that and I think we are much better value to our departments in the city because of that. So, is there other questions before I turn it over to our partners with the city of Boise? Borton: Council, any questions? Nary: So, today we have Christine Starr and Denyce Thompson-Udink from the city of Boise to come talk about their work for us and their partnership with us with police and with prosecution. Udink: Good evening, Members of the Council. My name is Denise Udink. I am a prosecutor with the Boise city attorney's office. I'm the chief criminal deputy. So, I am in charge of the prosecution section. Christine Starr is here with me as well and she is the chief legal police advisor for the Meridian Police Department. So, we are here to talk to you today about the relationship that we have -- the Boise city attorney's office and Meridian city and I just have to start out my comments by saying how much we enjoy this relationship. We have had the contract with Meridian city since 2002 and it's just a pleasure to work with Chief Lavey and all of his staff and the officers over at the police department and Bill Nary and his staff. I mean it really has been a wonderful relationship that we have had. So, we are just always really excited to be invited over to come and talk with you, because we really enjoy that relationship. So, I'm going to be the primary person to throw numbers at you, but I just wanted to give you a little bit of a background about the way our office is structured, because we do have a team of prosecutors and staff that are dedicated to just prosecution services and that's what I'm going to talk about today and, then, Christine will come up in just a second. But we have 17 prosecutors that cover the prosecution -- all aspects of prosecution in our office and, then, one of the things I didn't have on the slide, but we have 14 staff members that are also dedicated to just criminal cases and so we have a full range of skill levels and things like that in our office. Right now there was a recent change with the way that the court system in Ada county works and so we cover full -- five full-time calendars -- five judges that we appear in front of and, then, we also have two specialty courts that we cover. DUI court, which is actually going to be phasing out over the next few months and, then, we also have domestic violence court and we screen cases into that. It's not a -- we don't put all of our domestic violence cases in domestic violence court. We screen cases in there, so we can be selective about that. Just in terms of numbers specific to Meridian, in DUI court right now we have two active participants in there and, then, we have four people that have graduated from DUI court from Meridian cases and, then, in domestic violence court we have put in 52 cases that originated in Meridian city in DVC. So, we have a range of prosecution services that we provide for the City of Meridian City Council February 6, 2018 Page 37 of 63 Meridian. Obviously, we have a screening or an intake function. We have a team of screeners that review every single police report that is taken by officers on misdemeanor charges where law enforcement action wasn't taken and, then, we review those reports and we determine if we should charge somebody with a crime and who should that be and should we ask for a summons to be issued or an arrest warrant to be issued. We also look at all of the misdemeanor citations that get issued by the Meridian Police Department just to make sure that citations are accurate, charges are accurate, things like that before we send these onto the court. We have victim services, so we work very closely with the victim witness coordinators that are employed by the Median Police Department to provide notice and resources and things like that to victims of mainly domestic violence-related cases, but those can include things like stalking and violations of protection orders and things like that. So, we also meet with victims when they request that or when we are getting ready for trial or something like that, we do want to meet with those victims as well and, then, we actually have a part- time victim witness coordinator employed in our office who makes contact with victims of an arrested domestic violence case the day after an arrest, just because we want to establish that early contact, we want to provide them resources, answer questions that they might have, because they are, obviously, not part of our system by choice and so we want to make sure that they have the support that they need and, then, we also work with officers, of course, in preparing for court or for discovery requests that we might get from defense attorneys. We have a lot of contact with the Police Department. And, then, obviously, we appear in court also on Meridian cases and handle a very wide range of hearings. There are all types of hearings. We have arraignments. We have pre-trial conferences where we try to negotiate resolution. We also handled traffic court, which is the infraction cases that either can be contested and we have to go to a bench trial or just to have a conversation with citizens to see if there is a way we might be able to resolve their cases. So, here is where all the numbers come in. So, I just wanted to give you a snapshot of what it looks like in terms of caseload or workload for our office. Last year in 2017 we opened 14,434 cases. We prosecute for Boise, Meridian, Garden City and Eagle. So, that's a total of all the cities that we prosecute for and of those 14,000 cases, that resulted in approximately 20,000 charges. So, some cases have more than one charge. That's why the charge number is higher. Three thousand seven hundred forty-nine of those cases were from Meridian and that comprised also about 5,300 charges. So, the cases and/or the charges that we were getting from Meridian city accounts for about 25 to 26 percent of the total of our cases. In terms of hearings, our office -- our prosecutors handled just over 29,000 hearings and those were the hearings I just talked about, which could be arraignments or traffic court or pretrial conferences, trials -- jury trials or bench trials and, again, for Meridian the number was 7,872, which is, again, roughly 26 percent of the total hearings that we covered last year. So, this is just a quick snapshot for you over the last seven years from 2010 through 2017. This just gives you an idea of the number of cases and versus the number of charges that we have opened in our office and so you can see that it's stayed relatively steady. It looks like it was down just a little bit last year from 2016, but it's relatively steady from year to year since 2010. Another kind of bird's eye view of the types of offenses that we have opened or the charges that we have opened from Meridian Police Department. This is just a pie chart that shows you, obviously, the Meridian City Council February 6, 2018 Page 38 of 63 largest number comes in as traffic infraction. So, the speeding, following too close, things like that. Traffic misdemeanors, just to give you an idea, that could be things like inattentive driving, reckless driving, driving without a license, driving while suspended. Those are the types of things that are in there. So, this just gives you an idea of the number of charges coming in for each category. And, then, this is the top ten. So, the top ten charges that are coming from Meridian -- the number one charge that we received in our office was driving without privileges or driving on a suspended license. But it runs the full gamut. Interestingly, DUI kind of falls down there the very last -- or the very end of the top ten, which is a little bit surprising to me, but lots of speeding tickets and things like that. So, this is just the top ten that we are seeing from Meridian police. And, then, I just wanted to give you also an idea of the conviction rates for some of the categories of offenses that we prosecute. So, DUI we have a 98 percent conviction rate right now -- De Weerd: Good job. Udink: -- and, then, it goes down from there. I'm sorry, Madam Mayor? De Weerd: Good job. Udink: Oh, thank you. Thank you. So, that just gives you an idea. Domestic violence -- that's a tough one, to be honest with you. It is tough sometimes to get convictions on domestic violence, just for a number of reasons, and so we do our best to prosecute those offenses, of course, but those can be tough sometimes, so -- oops. Did anybody have any questions before I turn the time over to Christine? De Weerd: Council, any questions? Udink: All right. Thank you very much for having us. De Weerd: Good afternoon. Starr: Madam Mayor, Council Members. Christine Starr from the Boise city attorney's office. I have the privilege of working with the chief and the police. It's my primary function under our contract with you and it is truly my deepest joy. I don't think I have to tell you what an amazing department we have. I have worked probably with ten police departments over my career and the Meridian Police Department is just a top notch department for so many reasons. From the leadership all the way down to the boots on the ground. Amazing officers. So, what does our police team do? So, Denise -- Denise's team does the prosecution piece and our team has the privilege of doing a bunch of different kinds of activities with our police department. We actually have three attorneys that rotate into the police department every -- three days of the week and we sit in an office right in the patrol area. So, I personally, when I'm out there, I'm sharing an office with two sergeants and we have lieutenants that are right down the hall from us and we are right next to the area where our police officers are in writing their reports and what's amazing about this is it creates this environment where they just drop in and Meridian City Council February 6, 2018 Page 39 of 63 they say, hey, Christine, I need to talk to you about this. This is bumming me out. Help me figure it out. Or should I have done this? Or I'm thinking about doing that. Now, the I'm thinking about doing that is what we are looking for. Like we want to have them coming to us first, not afterwards, and so being there in that space with them creates that trust and that ability and we are so grateful that the chief has recognized the value of that and he always carves out a space for us. No matter how tight it's getting in there he creates space. We have two additional attorneys that also provide police advice on a regular basis and when we are out in that patrol area, like I said, we provide legal counsel, we answer questions, we help them with their court processes, tell them whether or not their subpoenas are still active, those types of things. We actually reviewed 2,226 public records requests last year and some of them were massive, because we, for some reason, have TV shows that want to put our murders on the television and some of them were older, but really massive requests. Thousands and thousands of pages of documents and photographs. So, we did that. I have the privilege of attending command staff, so I have had the privilege of working with a couple of our council members on a regular basis, which has been great. We assist with projects that is requested by command staff. We also process our weapons and evidence dispositions. We review policy. We work with the victim witness coordinators as well. They often will come in and sit down with us and ask for a status update. We do subpoena duces tecum review to make sure that we are not handing out documents that we shouldn't be handing out and, then, when there is a request for internal affairs assistance we do that and, then, importantly, we provide one on one training with officers. So, this last year we had an officer that was really struggling and one of the lieutenants came to us and said, hey, this is a good officer, but he's missing this piece. Can you help us out. And we said, absolutely, we can. Let's set up a time and we are going to focus on the things that he's having difficulty with and it was -- it was a great outcome. All of our attorneys that train your police officers are POST certified, which is important. We do a lot of training. We are about ready to embark on eight weeks of block training with the officers and so we will be there one day a week for eight weeks just meeting with all of the officers and doing a four hour block with them. Those block trainings are usually consisting of topics that command staff has said, hey, touch base on this, we are seeing this in some of our reviews or this has kind of been a weird thing for us recently. Will you tap that one. And so that's what we do for those. We also have patrol academy. So, once our police officers go through POST we have this extended training for them, because we want them to be the best and so we do that several times a year. We work with Sergeant Sims to set up three different training blocks that just take that POST training to the next level and help our officers be successful. We also provide specialized training upon request. We provide legal updates on a regular basis. It can be through e-mail or it could be through briefing bulletins, it can be through dropping off in briefing and just doing a quick slide show, whatever is needed, and this is just an example of what the officers might get for a training bulletin. Last thing I want to talk about is the fact that we have a 24/7 on-call team. So, if you remember in the very beginning I said there are two other attorneys that often provide legal advice, too. That's because they are part of what we call the pager rotation. So, we have four attorneys that rotate on the pager and we change every week, like the judges that are on call do, and so that means that our officers can Meridian City Council February 6, 2018 Page 40 of 63 reach us anytime, anywhere when they need us and we help them with the blood draw warrants. We answer any legal questions that come up in the field. We help them with search and seizure issues and we help them with execution of warrants, et cetera, and we also consult with command on major incidents when they need our assistance. So, that's kind of an overview. I just want to reiterate what Denise said. This partnership has been amazing for us. We feel privileged to work with the officers and I would entertain any questions you have. De Weerd: Thank you. Council, any questions? Starr: Thank you. De Weerd: Thank you very much. Nary: So, that's it. Very good. Wasn't too bad. So, I wanted to make sure if you had any other questions about any of the services we provide or how we do that, we really appreciate the partnership we have had with city of Boise for about 15 years. We think it has been a great value to our citizens and to our police department and to our city. We find the reasons in our department for our team to be here every day. We like working here. We like being part of our city. All of our folks feel very connected to what happens in our city and we think we provide a valuable service, so -- any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't have any questions, Bill, because I get to ask you on a regular basis, but great report. I mean you guys are so busy -- you know, like I say, a lot -- a lot of our employees, but you guys have a lot going on and -- and I really have enjoyed -- especially in your report reading the -- the comments from the different departments. That was a great addition to that. I loved that. And working with Christine is phenomenal, too. So -- Nary: I would agree. Milam: -- Leann, lucky you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I won't disagree with councilman's comments. Your team -- you and your team are wonderful. It seems like you always -- we always have access to you when we need it and -- and also it seems like the relationship with Boise is a very positive one and working with Christine is great. Meridian City Council February 6, 2018 Page 41 of 63 Nary: Thank you. De Weerd: Thank you. Borton: Madam Mayor, just one other comment. I know from my practice, the legal counsel that Denise leads at the city attorney's office -- and they are extremely well respected by not only law enforcement, by the judicial community that they serve in front of, so through your leadership and how they are trained and how they represent the City of Meridian, it's top notch and they do have the respect of the judicial community and that's much appreciated. De Weerd: Well, we appreciate you being here and sharing your information. That was great data. Exactly what we like to see. So, thank you for that. And thank you for the partnership. It's been solid for years and -- and I think I have heard nothing but glowing feedback from our police department, as well as our legal team. So, thank you for that. Nary: Thank you. B. Community Development: Budget Amendment for Program Year 2017 CDBG Award of $349,131 De Weerd: Thanks, Bill. Okay. Our next item up is Item 7-B under our Community Development Department and CDBG. Pope: Madam Mayor, Members of the Council, I will be as brief as I can for Todd's sake. Been moving forward -- this is a proposed budget amendment for the reception of our program year 2017 CDBG award. There is no net cost to this. The original budgeted amount was 349,131 dollars. The award that we have been given by the U.S. Department of Housing and Urban Development is that same amount. Again, this is not a request for public funding, but as this is a line of credit we do need spending authority in order to spend down this amount. In terms of how this money will be spent, all of the projects and the amount itself have been approved multiple times by you all in the previous year and staff's recommendation is to improve this amendment. I stand for questions. De Weerd: Thank you, Chris. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If none and you need action, I would move that we approve the budget amendment for program year 2017 for the CDBG award in the amount of 349,131 dollars. Meridian City Council February 6, 2018 Page 42 of 63 Palmer: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea, Bernt, yea; De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Quarterly Finance Department Update De Weerd: And just for the record, Councilman Cavener stepped out of the meeting. Item 7-C is our quarterly Finance Department update. And what a great example to follow. Lavoie: Good evening, Madam Mayor, Members of the Council. De Weerd: Hi, Todd. Lavoie: Again appreciate Chris's quick report. I will see how fast I can go. I can go straight to the end if you wish and we could be really quick, but -- no, I appreciate your time for allowing us to give you our quarterly update. This update tonight -- I will go over a few topics. I was going to present to you our fiscal year 2017 results from a very high level. Again, we just got our audit report today. I sent out an e-mail a few minutes ago to the Council, to the Mayor, and all the department directors, that we have a clean audit, which is amazing, but I'm not going to steal the auditor's thunder, he will be here on the 27th to announce that, but a few of the numbers here are going to be represented in the audit report that Kevin Smith presents to you on the 27th. So, tonight we will do the -- the audit actuals, we will go over some of the revenue sources, kind of give you an idea of who our top revenue sources are, top expenditure sources, present to you where our fund balance resides as of 9/30/2017. We will present to you some forecasting tools that we use to help us with our decision making, give you an update on our next quarterly topics and, then, as always stand for any questions. So, with that we will go and get started with the 2017 financials and we will start off with the General Fund revenue. This fiscal year for fiscal year 2017 we ended up 17 percent higher than we budgeted -- than was budgeted. Our goals again -- you know, as close as -- to a hundred percent as possible, but these results are a good thing. You can see property tax is two percent, we call that a great estimation, but you will see some other ones with a few higher numbers. Again, mainly with the licenses and permits and other revenue. Those numbers are significantly higher due to the phenomenal growth that we are experiencing here. Those revenue numbers are directly impacted from the permitting and development and the growth that we are seeing and also within the inter- governmental that is revenue sharing from the state. So, the sales tax. Since we are -- we know that they are growing that number grew a little bit faster than we expected as Meridian City Council February 6, 2018 Page 43 of 63 well. So, again, the numbers are on the positive side of the ledger and again -- and we will continue to learn from the -- the results here, adjust our, you know, projections and our forecast going forward, but at the end of the day we ended up by 70 percent higher on the General Fund and, again, we will use this data to continue to alter our projections moving forward, so that we can get a little bit closer to one hundred percent. Again, this is just a graph to show those data points. Just want to point out here you can see how important property taxes are. Property taxes make up a large proportionate share of our city revenue for General Fund and just got to remind you that we need to make sure we manage that one resource with care and professionalism. The other items on there -- those are kind of out of our hands. Those are mandated and controlled by somebody other than the City of Meridian. So, again, we have the one property tax bar, we really want to manage correctly and safely. So, that's the General Fund revenue. We will jump into the enterprise revenue. Enterprise Fund ended up a little bit over 24 percent higher than what we expected. You can see the sales revenues, we are right where we wanted them to be. You will see the big numbers in assessment revenue. Assessment revenues is one hundred percent relied on the community development and as we know we are growing leaps. So, again, those numbers came in a little bit higher than we expected. We will continue to adjust our growth modeling. Again, we have a growth committee that's in its second year. We will continue to lean on them to help us with those projections. But, again, we are on the positive side of the ledger, which is a great problem to have. But, again, that's just a direct result of the phenomenal growth that we are seeing here in the City of Meridian and we will continue to adjust our projections going forward and, then, just like we do with the General Fund, that's what the Enterprise Fund looks like from a graphical perspective. Like the General Fund -- General Fund has a primary revenue source, property taxes. Enterprise Fund normally has the same with the water and sewer sales. That's our primary revenue source that the city runs its Enterprise Fund on. But last year you can see sewer assessments was very strong. We had some rate increases over the last two years that we approved in prior years, in 2016 and '17, so those numbers have helped the assessment revenues increase year over year as well. So, those were the revenue numbers. It's all great -- all great problems. Again, good things. We will adjust accordingly. Oops. We are going to go to expenditures now. General Fund expenditures. Personnel costs. We will look at three major reporting categories. General Fund spent 94 percent of its budget. It's a little bit lower than what we normally spend. We normally spend 96 percent. The primary factor in the two percent gap is -- if you look you will see that the police department left about a million dollars on the, quote, unquote, table and that's primarily because we provided them 11 new officers during the fiscal year as new employees. This time last year they had 13 vacancies, so, again, a million dollars left on the table, quote, unquote, is acceptable. We understand that should happen, because there is a hiring and a recruiting process, you don't get to hire them in October 1st. So, there is going to be a little bit of wiggle room and a little bit of savings left over. So, we are comfortable with that number and we are, you know, going forward. We think we should be fine. But, again, two percent from our average, again, that's -- we think the results are positive. With the operating expenses we ended up at 88 or 89 percent. On average we spend 88 percent. So, we are right where we should be. Some of the differences there -- again, you will see the Community Development Meridian City Council February 6, 2018 Page 44 of 63 Department, the very last line, they spent 19 percent more than what we projected, which is a great problem. When you see community development spending more than what we budget, that means we generated more revenue than we budgeted. We have a project -- or we have a -- I guess a relationship within the Community Development Department with our inspectors and with that anytime that we generate a fee on our inspection side, that means we have generated revenue. So, we will never generate an inspection fee without the revenue side. So, from a financial management perspective it's a wonderful relationship, because we won't have any expenses until we have the revenue. So, from a financial management perspective, perfect. So, in this case 19 percent is a good thing, because that means on the revenue side it was even more. So, again, that's a -- that's a good thing on that side of it and, then, the last item that we report on for the General Fund is the capital expenditures for fiscal year '17. We ended up at 43 percent. Again, we left, quote, unquote, 7.9 on the table. We didn't really leave 7.9 on the table. What this represents is projects that were not able to be completed in fiscal '17 and of the 7.9, the General Fund departments requested that we carry 7.9 into fiscal year '18. So, they will spend all 14 million over the two year process, they just were not able to spend all of it in one fiscal year, but in two years they will spend all but 100,000 based on our projections. And, again, that 7.8 million carry forward request will come at a later part of our discussions, part of fund balance and I will discuss that later. So, that's the General Fund expenditures. This is a graphical display of what we just talked about. Revenues, again, actual is higher than budget on revenues. Perfect. Expenditures. Personnel operating capital, actual is lower than budget. Great problem to have again. We will take all this data, we will continue to tweak our projections, again, from a fiscal year 2017 City of Meridian from the General Fund, awesome position to be in. So, congratulations to you guys and the departments on the General Fund. So, now we will go ahead and talk about the Enterprise Fund exact same way. We will start with the Enterprise Fund's personnel cost. They ended the year at 88.1 percent. For them their average is 88 percent. So, they came in right where we expected them to be. The biggest gap difference you will see is going to be in the Public Works Department. They left about 18 to 19 percent, quote, unquote, on the books. This time last year they had six vacancies. A few in the upper management if you recall. They had some organizational changes. So, again, leaving some, quote, unquote, budget on the table, we think that's acceptable due to the change in environment, the change in leadership. So, we are okay with that number. We know next year, without any changes, we should be much tighter than the 97 percent. Operating expense ended the year at 82 percent. Again, normally we spend around 90 percent. So, we are a little bit lower than we expected. The biggest item here you will see on the screen is Public Works. They left about 900,000 on the table. I can tell you of the 900, the Public Works team requested that we take 500,000 into fiscal '18. They were not able to complete some of the projects in fiscal '17. So, 500 of that will be carried into '18 and the remaining differences, projects came in under budget, great problem to have, and some projects were just canceled in entirety. But, again, we are comfortable with the operating results for the Enterprise Fund for fiscal year '17 and that leaves us the capital budget for the Enterprise Fund. We ended the year about 48 percent spent. Again, just like the General Fund, we are not able to complete everything in one fiscal year. It takes many -- sometimes a couple of years to complete Meridian City Council February 6, 2018 Page 45 of 63 projects. I can tell you that they have three major projects going on for the Enterprise Fund. You got the headworks project. You got the capacity upgrades at the treatment plant, which we are all familiar with and, then, they have the south Meridian sewer extensions. Again, some of these projects did experience some delay, since -- but, again, they are still on -- on a positive path for construction. Things are still moving in the right direction. So, with the remaining 21.8 million left on the quote, unquote books, Enterprise Fund requested that we carry 20.9 million into fiscal '18. So, if you add up fiscal '17, plus their carry forward request of 20.9 million, we are expecting them to spend about 41 of the 42 million dollars that you provided them in fiscal year 2017 for their projects. Again, it will just take a couple years to get there. So, again, I think the results for the Enterprise Fund are sound and they should be right where they are. Unfortunately, construction has delays and we know how that goes. So, with that, the same graph. Revenue -- again, actuals are higher than budget. That's a great problem to have. And the same thing with the operating expenses. The actuals are lower than the budget. Again, fantastic job by the Enterprise Fund, you City Council, and the staff members. Enterprise Fund ended the fiscal year in a positive position, which I will talk about here in a second. So, kudos to you guys and the team members out there for the Enterprise Fund. So, one final thing. The question is how did we end the year. Revenues minus expenses. For the business -- business owners out there, you guys know how this works. So, the General Fund, let's go ahead and talk about it. If we have more revenue than expenses, that's called excess revenue. If we have more expenses than revenues, that's called use of fund balance. In this case I can tell you that General Fund ended the year at excess revenues of 8.8 million. Now, don't -- I mean the number looks large, but, please, remember a couple slides ago, the General Fund is requesting 7.8 million alone just in carry forward to finish those capital projects for the General Fund. So, if we had actually spent those dollars in '17, we would have been left with about maybe a million dollars in, quote, unquote, excess revenues, which would be pretty solid out of a 58 million dollar budget. But, again, since we didn't complete the projects in '17, we will complete them in '18. So, we will use 7.8 million of this 8.8 million, quote, unquote, excess revenues that we add to the General Fund balance in fiscal '18. So, the question is, you know, where do these revenue funds -- excess revenues come from? We actually managed to fund accordingly by funds themselves and you can see who contributes to what and what contributes to who. At the end of the day for 8.8 million dollars, again, this will be added to the General Fund balance, which I will show it to you in a few slides, but know that 7.8 of that is, quote, unquote, used for carry forward needs. So, the question now is for Enterprise Fund. How did they do? Same equation. Enterprise Fund did end the year up in a positive position again. Awesome. Awesome problem to have. They were going to add 3.7 million to their fund balance and of that -- how that is broken down -- again, we will be requesting some fund balance use in 2018, like we talked about, about 21 million and I will talk about that a little bit more in the next slides. I mentioned I was going to inform you who our biggest revenue sources are for the General Fund and this is who generates revenue for your General Fund over the last few years. Again, as you know, property taxes are our number one provider and we got to really take care of that revenue stream. The other revenue streams are somewhat controlled outside of our ability. So, we want to make sure we manage all of our revenue sources accordingly. Meridian City Council February 6, 2018 Page 46 of 63 Did the same thing for the Enterprise Fund. The Enterprise Fund -- again, these are the primary revenue sources and on an average it will always be your water and sewer sales and we have 36,000 customers. As we continue to grow customers our sales should grow accordingly. Great year last year for assessment revenues and we are expecting the same in fiscal '18. You guys have seen all the development agreements. You have approved the development agreements, you guys know what's coming down the pipe. So, those numbers are continuing -- continuing to grow. I mentioned I was going to inform you who our biggest or largest expenditure sources are. So, within the General Fund our largest expenditure source is the police personnel costs, followed by the fire personnel costs and, then, you can see the following four accordingly. And, then, I have the same data for your Enterprise Fund. You can probably guess it's going to be our wastewater treatment plant expansion projects and that will most likely to be the trend for the next few years. We have a lot of projects going over there, so they should be up there at the top, which is a -- that's a good thing. We have -- have we a lot of construction we need to take care of, but this is how the largest expenditure sources stretch for the Enterprise Fund. So, fund balance. I mentioned that we had some excess revenue in the General Fund, which is true. We added 8.8 million dollars to the General Fund. So, fiscal year ending 9/30/2017 the General Fund has 53 -- a little over 53 million dollars in its fund balance. So, your question is probably what do you -- you know, what do we do with this fund balance. Again, as I mentioned, 7.8 of that fund balance is going to be used for fiscal year '17's carry forward items. So, we have to take 7.8 million off of that. That's already assigned and restricted. We have about 15 million reserved for our emergency fund. Our standard best practice here is that we reserve four months of our standard operating expenses. So, 15 million represents 14 - - or four months, I apologize, of our operating and personnel needs. So, that's what 15 million is for. We have 20 million assigned for CIP projects over the next five years. So, it's that whole save as you go, pay as you go. We are not going to borrow. That's 20 million slated for that. And that leaves about 10 million for amendment. Any other projects that we could assign to for the pay as you go, save as you go. We have plenty more CFP projects that we can assign this to, we just did not assign that final ten to any particular project. Enterprise Fund. Again, we added 3.7 million, like we had discussed. I can tell you they are a little over 50 million dollar fund balance. We are going to have 20.9 million assigned to carry forward items that we talked about on their expense capital lines, leaving ten million for their emergency reserves. We have a six month operating reserve for that side of the business. And, then, that leaves about 20 million scheduled for future CFP projects -- CFP projects that we have not, quote, unquote, assigned, but we know that they are going to be used for the expansion projects, just not to a particular exact line item yet, but pretty much they are assigned to the future expansion needs for the treatment plant. And those are your fund balance numbers. Again, Kevin Smith is our audit partner, will go over these numbers at a higher level than this. He will be here on the 27th to present to you. But those are the fiscal year 2017 audited financial results and with that I can answer any questions about that before I move on to nonfinancial stuff. De Weerd: Thank you, Todd. Council, any questions? Okay. Meridian City Council February 6, 2018 Page 47 of 63 Lavoie: Thank you, Mayor. And these next few slides I'm going to try to just go over pretty quick. These are slides I just want to present to you as a different way of looking at our financial results. We use them to help with our planning, our forecasting. These are kind of trend reports. I just have a few of them here that I just want to bring to your attention. They are on our kind of close watch list. We call them ratio -- revenue to expense ratios. What we do is we compare the expenditure to the amount of revenue we have. So, how much of our revenue are we assigning to its particular cost. We analyzed about 50 different costs, cell phones, personnel wages over time, healthcare. We want to know are we expanding more of our revenue sources to a particular cost over time and, then, we have to ask the question is that good or bad and that's just, again, a tool in our toolbox that we use in our planning models and our forecasting. So, again, with that I'm going to go over just a few slides to show you kind of what we are looking at, bring to your attention some of the items that we think are important, that we are paying close -- paying close attention to and the first one is going to be in the General Fund. Total personnel costs. Total personnel costs in 2004 consumed 52 percent of all the revenue in the General Fund. So, you if had one dollar, I took 52 cents and put it to the personnel cost. And, then, also our operating in 2004, 25 percent. So, I would have taken 25 cents from that one dollar and put it to operating. So, if we switch fast forward to that, the financials of '17, you can see personnel costs now consume 62 cents or 62 percent of all of our revenue sources and the operating expense consumes 21. So, the question is, you know, what do we take from this? This is -- again, it's a tool, it's a report, it's a guide. We -- we wanted to I guess impose questions and we wanted to force questions. Is 62 percent the right number? Is 51 percent the right number? I can -- I can look at this report and say over the last five years and six years the personnel is not growing any faster or slower than the revenue sources that we are bringing in. That's why you see a flat graph on the personal side. That means they are both growing at about the same rate and the question is, you know, is this a good service that we are providing the citizens? I think the Mayor is -- and you guys know from your city survey, people are enjoying what we are getting. So, in theory we can now apply cost to service. If we know that the citizens are happy with what we are getting, we can kind of say, well, if we allocate 52 percent or 62 percent of our revenue towards personnel, that should meet our services that our customers and our citizens enjoy. So, again, it's just different -- different ways of looking at this, but it helps us as the executive branch to make decisions. You know, should we allocate more money of our revenue to personnel? Yes or no. Or, you know, and the opposite will be said for services. If our citizens aren't happy do we need to allocate more revenue to a particular service, so that we can get the customers happy. So, again, this is just a -- one of the few graphs that we looked at. Again, personnel is looking pretty good. It's not growing any faster or slower than the revenue sources for the General Fund, which is a great -- a great problem to have. Enterprise Fund. We look at the exact same approach. We use the total revenue for the Enterprise Fund. Again, their personnel started in 2004 at 18 percent, ended 2017 at 19 percent. So, it's pretty flat. It's pretty good where we want it to be. That means their expenses aren't growing any faster than the revenue sources. So, that's a good thing. And same thing for the expenditures. They are actually -- expenditures are incurring less of the revenue dollars. So, again, we use these as just tools. Again, it is not going to dictating any Meridian City Council February 6, 2018 Page 48 of 63 particular answer, it's just a tool in our toolbox to help provide our forecast and guides for you, the citizens, and the Council. Here is another particular one that we keep a close eye on. It's benefit cost. Benefit costs -- you can see in 2004 had a consumption of about 5.5 percent and now it's consuming 8.4 percent of your revenue source. So, this angle is a concerning angle for us. The question is how -- how high can we get this -- or how high can we maintain this blue line. I mean do we want to continue to put more of our revenue into benefits. That's for us to talk about. So, that's what this graph shows us, like, hey, we are spending more and more money of our dollars on benefits, good or bad. You have a benefits committee, that's what we discuss and we try to give you the best guidance that we feel is in the best interest of the city and the citizens, but, again, this is one that we are keeping an eye on. I'm sure you're all aware of benefit costs for getting -- we are feeling that impacts as well and that's what this shows here. So, it shows benefit costs are growing faster than the revenue sources that we are generating here at the City of Meridian. And, then, over time for General Fund, staying pretty flat. That means overtime is not growing any faster or slower than the revenue sources that we are generating. So, that's a sustainable path for the General Fund over time. So, again, we also look at benefits as a percentage of personnel costs. So, what we want to know is personnel costs growing because of wages, is it overtime, is it workers comp? In this case we can see benefits is growing at a faster rate than the wages are within the personnel costs. So, again, just some tools that we use -- we have in our toolbox, we just want to show you that helps us in our forecasting and our projections for the City of Meridian. I will go over these next two pretty quick. Enterprise Fund we do the exact same thing. Oops. Sorry. Enterprise Fund. They are able to manage their benefit costs a little bit better than the General Fund, because they have a fee based system. As their customers grow they can generate revenue a bit faster than we can in General Fund. So, they are doing quite well in their management of the benefit costs. But they have the same issue with benefit costs becoming more and more concerning within their overall personnel costs. That means it's growing faster than their wages and overtime. So, again, just tools in our tool box for us to continue to look at. Again another quick one for you is property taxes. This is a percentage of property taxes as compared to the entire General Fund revenue source. A flat line is a beautiful thing. That means property taxes are not growing any faster, nor are they growing any slower than the rest of the revenue sources that we are generating here at the -- at the City of Meridian. So, again, if we have a statement of, you know, property tax is growing too fast, too high, we can let any citizen know that, nope, they are growing as -- at the same rate as any other revenue source here at the City of Meridian. And, then, the same slide for the Enterprise Fund. Enterprise Fund you will see the water and sales -- water and sewer sales is going downward because the assessment revenue is growing faster than the sewer and water sales, which is a good problem to have. When water and sewer sales -- or assessment start to slow down, sales revenues will become a larger proportionate share of the total revenue source in the Enterprise Fund. So, again, all tools in our toolbox to help us with our decision making and what that -- what I presented to you hopefully quickly -- not too quickly -- your '17 actual results, your revenue sources, your expense sources, presented to you, your 9/30 fund balance and what we are doing with the fund balance. Your revenue-expense ratios and next May you will see us for our next quarterly Meridian City Council February 6, 2018 Page 49 of 63 update. This is going to be the demographics, population, permit sales, you know, more stats, more graphs. I know you're excited about that. And, as always, we stand for any questions. D. Council: City Election Discussion De Weerd: Thank you, Todd. Council, any questions? Okay. Thank you. Okay. We have Item No. D or Item D and I will turn this to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This was brought up in a prior meeting about having a future conversation that we scheduled for tonight on changing the method of how seats are elected in the city. So, in the state of Idaho, just to give you a little snapshot, you can elect seats either by at large, which means the top vote getters for however many number of seats you have at that particular election, get elected. You can designate seats, which is what we do, and two other cities in this county do. The city of Boise and I believe it's the city of Eagle have designated seats. And, then, the -- the other method that you can have is by district. So, there is three ways that you can elect council members statewide. You just have to select it. This started in '87. I have actually looked at the minutes for 1987 and it appears they talked about this for five minutes, if that, that they decided that it sounded like a good idea and so they just said let's do it by seats. So, they did. Then we -- that expanded to six in 2013 and we haven't had any other changes. There is approximately 12 cities in the state that we could look -- we could find, including the City of Meridian, that elects council members by seats. All the other cities that we can find elect them at large. No city in the state of Idaho elects their council members currently by districts and you can do it a couple different ways. If you choose to do districts, you create districts that, then, the person within the district -- only the people within the district can vote for that representative or you could have people live in the district, but have the entire at large city vote for them. So, those are the three different ways of doing that, to give you kind of a baseline on how that was done, again, up until 1984 all cities in the state did at large and only since, then, have they changed. But there is some methods and process if you wish to change it to something else that we could get into if that's the direction. That's it. De Weerd: Thank you, Mr. Nary. Ms. Milam. Milam: Madam Mayor. So, I wanted to discuss this, because I have watched these elections over the last several years. There are times when we have many people running and, then, there are times when we have nobody running and -- and it seems the times when people are interested in running for offices when there is an open seat, because running against an incumbent is known to be much more difficult than running for an open seat or against other people who are not currently elected. So, in my opinion it levels the playing field. If we were -- if we were to change to a pool type voting, everybody has to work a little harder. If you're an incumbent you can't just sit back and have nobody run against you and I think it will encourage more people to run for office. It would encourage more people to go -- you know, to go for it and more -- I Meridian City Council February 6, 2018 Page 50 of 63 think more candidates equals better candidates and, otherwise, the only -- the only people that -- the way we do it is good for is the incumbent, in my opinion, and I'm the next one up for election, so -- anyway, let's have a discussion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Councilman Milam, how is it different than if they are -- I mean even if there is an open seat or there is multiple open seats or there is not, you're either running against all the incumbents on the ballot or you're -- if there is an open seat there is an open seat and you can pick the open seat, I don't see how it's different. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: It's different, because if there is -- if there is no open seat, so the last election we had there was an open seat, but the incumbents nobody ran against; right? And it's because it's known -- it is really difficult to run against an incumbent and an incumbent is almost always going to win and so it discourages people from running when they have to run against an incumbent, because it's already a scary thing to do to run for election and so I think -- if it was just a pool -- sorry. I know what I'm saying. I'm sick is what I really want to say. Then -- it will. It just will. So, they are not just running directly -- it's just you and one other person or two other people, more people would run for office. I truly believe that. And we are like nine states -- nine cities out of 200 cities that do it this way. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This past election the three -- three of us that won would have been the top three vote getters and so how does that sway your -- your thought process? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sometimes it would turn out I think the same and sometimes it would turn out different. I think that it would at least make everybody -- I mean, yes, the incumbents are still in the pool, but it will make them have to work a little harder and not just, you know, sit back and just -- well, if nobody is going to run against me, because I'm an incumbent, I don't have to do anything and that's what happened with me the last election, so -- I didn't have any opponent and I just could sit back and not do anything and that's kind of what got me thinking about it and I just don't think that it's fair for Meridian City Council February 6, 2018 Page 51 of 63 everybody and my goal here is to get more citizens involved and get more people running for office and to keep it going strong and not necessarily just have the same six people for 20 years going forward. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Council Member Milam, I hear wholeheartedly what you are trying to accomplish. I think that as a community that has grown at the level that Meridian has, we should be inviting more interest and the Council, of course, when they expanded the Council four to six and we saw a significant amount of interest as a result. I actually really applaud your perspective in trying to create a level playing field for our public to not feel like that the odds are stacked up against them if they were to run against an incumbent. I think that's what you're trying to articulate. I will just share of the flip side of that argument and that is at the AIC day at the capital this year I had the opportunity to engage with some other local leaders from other municipalities and they were asking me the opposite question. How is it to have seats, because we feel that it creates an unfair disadvantage to our citizens that they are not running against just one incumbent, but they are running against two or three incumbents in many cases and they feel that by having an all open seat that it is more prohibitive to accomplish the goal that you have wanted to set out, which is create a level playing field, and so there are many municipalities across the state that are having these same conversations, but wanting to do it opposite, moving from an at large system to a more seat based system, because they feel it would create a more level playing field. So, it's hard, because I -- I applaud what you are trying to accomplish, I just don't know if creating an environment where if I want to run for local office that I would fare better against one incumbent or two incumbents or three incumbents or an open seat with six people running. The other piece of that is that I know you well to know that you didn't just sit on your butt when you were unopposed, that I believe the people that get elected get elected because they care about our community and are willing to do the work, whether they are opposed or not, and I think that our citizens recognize that. So, I would hope -- and maybe that's Pollyanna of that that regardless if someone is opposed or unopposed as an incumbent or as a new candidate, that they would do their due diligence to engage our community to have them come out and supportive them. That's my two cents. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, just to your AIC comment, I talked to you over there and so I started asking some people and I spoke with a friend of one of the gentlemen that you spoke to and he said the only reason he doesn't like that system is because he just about lost. As an incumbent and he almost lost and that's why he was opposing it. And this is somebody who knows him closely who they had that personal conversation with. So, I asked other people and they like it the pool way -- everybody that I talked to strongly supported the Meridian City Council February 6, 2018 Page 52 of 63 pool way, so that's how they do it and you strongly support this way and that's how we do it, so -- you know. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I don't know if there is a right or a wrong answer, to be honest with you. I know that if you have done a good job as an elected official and you have listened and you have been prudent and you have made, you know -- you know, you have kept your nose clean, so to speak, I think that you're going to -- I think that -- I think that the chances of you getting reelected, whether you're in a pool or whether you're in a seat- based system, is going to be the same. I mean it's evident with what happened this last election with Joe being unopposed and Luke and I having -- I wasn't an incumbent, it was an open seat, but with Luke having opponents, being an incumbent, the top three vote getters won and so I don't -- I just don't see -- I would like to see more data, actually. I would like to see facts and the data as it relates to what we are talking about, not necessarily our own personal opinions or -- not that you're wrong or I'm right, I just -- I would like to see the data to see if what happened this last election is the norm or if it was an anomaly personally. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. One major benefit to the pool version -- pool side would be that someone can't file to run as an incumbent and, then, at 4:55 on the filing deadline come in and withdraw and put who you prefer in as a candidate. That would make that irrelevant. Bernt: I don't understand. Palmer: So, the last day to file -- so, an incumbent can file to run and, then, on the last day -- and, then, have nobody run against him, because, of course, that guy might win. On the last day of filing at 4:55 come in, withdraw, have somebody else file to run, 5:00 o'clock happens and it's over. That person is -- Milam: Great. I like the sound of that. Palmer: I mean the political campaign came that that is, but it's an awkward thing that would prevent. De Weerd: Six years ago when I had a transition team that came together and they talked about this, which is one of the -- the recommendations to expand the council from four to six or at least put it out for a public vote. They talked about all -- these two forms, but also a third and that was the -- by -- by location. So, have the seats more Meridian City Council February 6, 2018 Page 53 of 63 determined than at large by location as part of Meridian. So, geographic. And Council at that time was more focused on the -- whether we should expand the numbers or not. Didn't really pick up the discussion on whether it should be by geographic location similar to our state representatives and senators. So, at that time there was no obvious preference. We could certainly see if he has data and we can bring this back for further discussion and -- Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: To address Councilman Bernt. Your point of being the top vote getters, that's because you could only vote for these -- these in the seat and in this seat. If you were all pooled together, that -- those numbers would not be the same, because it might have been -- it could have been two people from -- from your group or two people from his group, you know, what I'm saying? So, you were in the top, because you were the winners in your seat category. The math would not work out the same if you were pooled together. Not that it couldn't. You still could three win, but it's not -- it's not guaranteed, because that's why you're -- Bernt: Good point. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Is it a pick three? De Weerd: Okay. We will see what information is out there and bring it back for further discussion. Milam: Thank you. F. Council: Commission and Board Updates De Weerd: Okay. Item 7-F is going through and talking about anything that is pressing or noteworthy in each of your areas and we can start with Mrs. Littler Roberts. Little Roberts: Madam Mayor. Probably the most pressing thing right now with the Air Quality Board is the fact that there is a bill in the legislature that will stop the testing from cars built in 2007 forward. Right now there is a rolling ten year and so cars built from 2007 forward testing would cease and it would just about cut air quality testing in half revenuewise and we are looking for data to see if ten years from now -- because right now it's a rolling ten years. If ten years from now do we need to be testing those cars in 2007 and so there is -- there is a lot going on with that right now and if we need help regarding the bill I will reach out to everyone. Meridian City Council February 6, 2018 Page 54 of 63 De Weerd: Mr. Borton? Borton: Madam Mayor, the -- the internal legislative committee has been tracking a number of bills. A couple have risen to the front enough for the city to take a position on. We are going to circulate an update on those, hopefully, this week. I think Robert is getting that out. One concerns back flow testing and changing and kind of loosening some of the restrictions on back flow testing and lengthening the period of time when inspections need to be done. A number of bills are being monitored from cannabis oil and for -- for aspects of potential legalization of certain marijuana uses. Obviously, the magistrate court funding legislation is being monitored as well. The use of public funds for candidates and bond issues, as well as the frequency in which bond issues may or may not be able to be run. All of those are being monitored. So, there is -- little is being -- a position taken on, but several that are being tracked, both by the city and by AIC. De Weerd: Just to add to that, the -- the committee did recommend to support H-500, which is on child abuse reporting and -- no? Yes. And, then, also on the -- the mentioned backflow testing. As well just last Friday was introduced H-546 and HCR-43. Those are MYAC's legislation, both a legislative bill and a resolution. HCR-43 did pass out of the committee with a unanimous vote. H-546 was moved forward for a hearing. It was ready to be voted on to pass to the floor, but they did want to give the opportunity for other MYAC students to come and testify in favor of the bill. So, they are waiting to hear when that hearing is. There were -- yeah. The other ones we are watching. Any further report? Borton: No. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Can either you or Council Member Borton just explained to Council the matrix for the decision making process that determines if the city is supporting a bill or not supporting a bill and how -- and how Council will be informed of that? I don't think it would necessarily make sense for us to be -- I can report in next month on legislative issues that the city is or is not supporting over the next few weeks. So, maybe you could educate us how that decision is arrived at and how we are going to be informed of that. De Weerd: You were at one of those legislative meetings, so if you -- you have experienced each of the subject -- subject experts that came and talked in particular to any of the legislation that would impact their department and put that out on the table for further discussion. Part of that discussion as well as been brought in what AIC has brought in terms of data points and perspectives from across the state. There is Meridian City Council February 6, 2018 Page 55 of 63 discussion by the group and as you can see from the one that was actually supported that were opposed, had to do with the back flow testing, that was all data driven from the statistics that we got from our Public Works Department. That was compelling enough to take an official stand. The same with the child abuse reporting, that the recommendation came from our chief, as well as the chiefs association as to why that legislation made sense to take an official stand. So, those were the two and, of course, with the organ donation being driven by our Mayor's Youth Advisory Council, we are supporting our kids. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: When you say an official stand, what does that, then, entail? De Weerd: Mr. Palmer, in regards to the back flow testing, we do have a representative that Public Works works with and they will be working to educate our lawmakers in terms of why the back flow testing program is important to the City of Meridian. Out of the 9,000 accounts that we test every year, we have more than 300 fail and that does put our water supply at risk. Historically I think that the city has always taken a strong stand on our back flow testing program, that felt that that was compelling enough to -- to take a firm stand and so they will be using a white paper that they have prepared on it and using that to help reach out to our lawmakers. Palmer: If I may. What was the MYAC legislation? De Weerd: The MYAC legislation, for those that were not at the legislative breakfast, was regarding organ donation and their -- their resolution was to encourage a greater outreach and education and encourage our citizens to -- from all ages to sign up as organ donors. The legislation itself is to -- for teens that are under 18 that choose to have -- that choose to donate their organs have a designation on their license -- on their license ID and they have this for three specific areas. One, to have that conversation with their parents and their parents would -- you still would have to have parental permission. Two, it's -- they brought in research data that showed an organ donated has to be within 15 years of the recipient's age, so they found that the younger patients that need an organ donation or tissue or any of those items don't have organ donors that are eligible, because the organs are too old. So, they are -- they are not finding a list of potential candidates and -- I can't remember the third now. So, that was just off the top of my head. Milam: Yeah. I think because of having the conversation with their parents they are hoping that more parents will also sign up to be donors. De Weerd: Thank you. There are two different designations, so -- that the parents can mark if they have to be present before organs are donated or they can also mark a box that they don't have to be present before those are harvested. Meridian City Council February 6, 2018 Page 56 of 63 Palmer: Madam Mayor. So, there was just two in which the city took an official stance? De Weerd: Yes. Palmer: And going forward -- I mean those two are, you know, fairly innocuous, but if -- I'm just worried -- with how fast the legislature goes and I don't know who is on this committee making these decisions on this official stance the city takes, just concerned if there would be a letter sent with my name on it about legislation that I had no idea I was officially supporting as a city, would hope there be some kind of communication that, hey, the city is interested in taking a stance on this, get your opinions in quick. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seems really that your explanation and these questions seem to invite an opportunity to improve the process in which this is done. It's my understanding that the structure that's happened year after a year has been the directors and it sounds like Council President and the Mayor and -- and they have taken positions on legislation, but -- but there may be a better way to do it to, one, keep the Council as a whole informed, have an opportunity to provide input, agreement or disagreement. These meetings -- we have them on Friday mornings. Perhaps we can have that group do the same process with the same people with the same recommendations and monitor many bills, but if there is a desire for them to take a position on a bill, that the group makes a vote or decision to recommend supporting or opposing a particular bill and that's the agenda day as well on Tuesday. We can have -- at least during the session a standing agenda item perhaps with a brief report. There is not a lot of bills that we are taking action on where someone from that committee makes a brief presentation, we support bill XYZ, here is why. If there is information to share in advance we can do that. We could ask questions, all be on the same page, and take a vote and if it's four-two on a particular bill, the city as a single unit would support or oppose the bill, but we have all had the opportunity to at least say I like it or I don't or I have questions that need to be answered. De Weerd: I think that's an excellent suggestion, generally when anything is decided at the legislative meeting it usually triggers writing a white paper. That white paper can, then, come to Council and you can see, because, really, the data that we are -- we are compiling is -- is really intended to help AIC as well. Borton: We could turn it around in two days. De Weerd: And I will note that we haven't always agreed with the positions taken with AIC, so -- but where we do we will help and provide background information. So, we can do that, Mr. Clerk. Okay. Anything further? Okay. Mr. Palmer. Meridian City Council February 6, 2018 Page 57 of 63 Palmer: Madam Mayor. I will try to keep it brief. The -- the main thing lately that's I guess concerning is we got a little issue that we had anticipated, having a fire station for the new firemen that have been hired that the rural district has paid for to get us going for the first year, but we won't have a fire station for about a year -- maybe just short of a year until -- we will have funded them for another year without a station for them to be in. So, there is some advantages and disadvantages. That advantage being we will have some very expensive data in how additional staff, additional firemen can help offset and handle our overtime issues that we have been dealing with, but at a great cost of having that data and we will have some really well trained firemen going into a new station. But, in the meantime, we are going to have a year of paying for them without them having their own station. So, that's my report. De Weerd: Council, I serve on a number of things. I will just hit the top ones. With COMPASS you -- you will be getting a discussion here in a moment -- did I skip something? I did. Sorry. I will get to Caleb. Because on the COMPASS agenda we do have a discussion regarding the ITIP, the Idaho Transportation Improvement Plan, and the city is advocating for one of those, which is six million for Highway 16 that is for design and updating the environmental and Caleb has a letter that we would like to send on behalf of the city. There will be I'm sure healthy discussion and I wanted to make sure that -- that the city did go on the record as to what our position is. Other than that, AIC has established a drug task force, which I will chair, and so has the Treasure Valley partnership, their focus on opioids. MYAC. MYAC has introduced their bills and they are moving through their participatory budgeting phase and, lastly, with our Faith Ambassadors Council, they have been focusing their conversations on suicide awareness. In particular this last meeting was on two veterans organizations on -- I will save the rest for later. Bernt: Madam Mayor, I have nothing to report in my liaison report. Everything that -- that the parks and rec commission is doing -- is going on with them -- was going on in their department has been submitted or talked about to Council by staff. So, I have nothing to add. De Weerd: Mrs. Milam. Milam: Madam Mayor. I will just try to keep this extra brief. You heard from Legal. HR is a very, very busy working on budget kind of things and arts is working on what they do, art and murals and Solid Waste Advisory Commission, that's where they got stuff going on and everybody is talking about the orange bags. We have had special meetings. We have had the town hall. And, then, we met with the DOW people and ask a lot of questions, if we can get involved in that program. So, we are doing a lot of investigation right now to see if -- if and when and how that would work, what it looks like and how much it would cost, so that we don't have to throw our plastics away. And that's it for me. De Weerd: Okay. Thank you. Meridian City Council February 6, 2018 Page 58 of 63 Borton: Madam Mayor? De Weerd: Mr. Borton. Milam: Was that too fast? Borton: No. We gave an orange bag update on next Council meeting. Cavener: Madam Mayor. My comments will be somewhat brief. First, on the -- on the department liaison side, I'm the Public Works liaison and was very fortunate that Dale and his team put together a Public Works slash Enterprise Fund 101 and 102 advanced studies program for myself, which, you know, being on the Council for four years you have a good understanding and have the opportunity to kind of dive a little deeper. I know that Dale is open and available if any of the other Council Members would want to go through that. It's really lengthy, so I would encourage if some of us are interested in doing that to maybe coordinate so that staff time is used most efficiently. But I came away from it with a -- with a different respective and a little bit of a different view in the department, the way it functions, both in the short term and the long term and I thought it was well worth my time as well. I do not have anything to report from VRT or the Transportation Commission, because this month I was absent at both of those meetings. De Weerd: Okay. Thank you. If there is anything further we can submit it in writing, otherwise, we will have it again next month. Or if you have anything more urgent we would love to put it onto our agenda as well. E. Transportation Plans, Studies and Projects Update De Weerd: Caleb, do you want to talk real quick about -- and I apologize. Hood: So -- thanks, Madam Mayor, Members of the Council. Item 7-E, the department report for transportation plan studies and projects update, just -- if you want to get that letter over to COMPASS sooner rather than later. If not, we could defer it, Mayor, until next week. If you have any comments send them to me, I could update the letter, sign it, still gives you enough time before the board meeting. I will not go through the memo, but I will wave it at you. There is one in your packet. We will just use it next week. If the Clerk and the Mayor are okay, I would just like to table this discussion. De Weerd: Okay. Hood: Pay particular attention to our priorities next week, because we are going to probably have to make it through that in one meeting, just so we can get them to ACHD in time. But we certainly don't have time today. So, if you can look at -- beginning on page -- my page is -- on page one. That doesn't help much. The integrated five year work plan for ACHD and the table that's at the very end, if you can review those and be prepared to discuss that next week, that would be great. Thank you. Meridian City Council February 6, 2018 Page 59 of 63 De Weerd: Okay. Counsel, I would appreciate if you had a chance to look at that, we do want to support Highway 16 and the needed funding to update the environmental and to support the design, so we know where that right of way aligns. That's important to our community. And if there is no problem with that -- okay. No problem? And I apologize. Cavener: Madam Mayor? De Weerd: Yes. Cavener: Just maybe a request for good Council Member Bernt to maybe have his name added at the top of the letter. At least on the draft it doesn't have his name on it. Borton: The old stationary. De Weerd: Oh, yeah. Okay. Thank you. And just for the record, I did in COMPASS right now we have Charlie and myself as the representatives and I think Anna is our alternate. I believe. In April they will be coming out with the new population totals. If Meridian does jump the hundred thousand mark we will add one more seat. So one of you lucky City Council members will be asked to consider participating. Maybe it always goes to the new guy; is that right? So, keep that in mind. Item 8: Ordinances A. Ordinance No.18-1765 : An Ordinance (H-2017-0066 – 2 ½ Street Townhomes) of the City of Meridian granting the re-zone of a Parcel of Land Situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; Establishing and Determining the Land Use Zoning Classification of Said Lands of 3.07 Acres of Land from C-C (Community Business District) and R-15 (Medium High Density Residential District) to O-T (Old Town 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 for An Effective Date. De Weerd: Ordinance 8-A is 18-1765. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1765: An Ordinance file H-2017-0066 – 2½ Street Townhomes, of the City of Meridian granting the re-zone of a parcel of land situated in the Northwest One Quarter of Section 7, Meridian City Council February 6, 2018 Page 60 of 63 Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in the attached Exhibit “A”; establishing and determining the land use zoning classification of said lands of 3.07 acres of land from C-C (Community Business District) and R-15 (Medium High Density Residential District) to O-T (Old Town 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 for an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Do I have a motion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move we approve Ordinance No. 18-1765 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-A. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Real quick under Item 9, City Hall will be closed on Monday for President's Day. MYAC is having their CPR day in February 23rd. This is in partnership with the Meridian Dutch Bros. So, please, get out and go get a coffee or a beverage at Dutch Bros and -- and learn CPR. Save a life. So, the kids would love it if you stop by and just tell them -- tell them that you appreciate what they are doing. Early voting starts at City Hall on February 26 for the upcoming school bond and levy and Ignite Youth is on February 26th, 7:00 to 9:00, at Research Church. That's just by the US Bank building on Cherry Lane. So, if there is no further items under this -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council February 6, 2018 Page 61 of 63 Cavener: For a future meeting topic, I guess in light of some information Council Member Palmer just shared, it would probably be ideal for us to get an update on the time table related to Station 6 and how that potential change impacts -- you know, I don't know whether the staffing plan remains as is or just what -- I just think it would be a good update as to what's going on with that project, so that we can all be aware, as we move into budget season, would be beneficial. De Weerd: We can definitely do that. Okay. Since we do have a joint meeting, that's supposed to be kicking off about 40 minutes ago, we can tack this onto the end of that agenda. Nary: You can just continue this meeting, Madam Mayor, to the end of the joint meeting with the Planning and Zoning. De Weerd: Okay. Do I have a motion? Bernt: So moved, Little Roberts: Second. De Weerd: He said so moved. And a second. Okay. The motion was to -- to continue this to the next agenda at the end. All those in favor say aye. Did I hear all ayes? Okay. All ayes. MOTION CARRIED: ALL AYES. (Recess: 6:19 p.m. to 9:11 p.m.) Item 10: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. De Weerd: Do I have a motion to adjourn into Executive Session per our regular City Council meeting agenda? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You do. Move we go into Executive Session pursuant to Idaho State Code 74- 2076(1)(f). Palmer: Second. Meridian City Council February 6, 2018 Page 62 of 63 De Weerd: I have a motion and a second. Mr. Clerk, will you, please, call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:11 p.m. to 9:57 p.m.) Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Okay. Now that we are back. Borton: Yes. Palmer: I move we adjourn. Milam: Second. Borton: Got to come out of Executive Session first. Milam: Oh. Palmer: I move we come out of Executive Session. Borton: Second? Bernt: Second. Borton: All in favor? MOTION CARRIED: ALL AYES. Palmer: Mr. President, I move we adjourn. Milam: Aye. Second. Borton: All in favor? MEETING ADJOURNED AT 9:57 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council February 6, 2018 Page 63 of 63 -` MAVOR R TAMM E WEERD ATTEST: C. JAY CC D71 DATE APPROVED City Council Meeting February 13, 2018 Item #9F: Caven Ridge Estates West Vicinity/Zoning Map S. M e r i d i a n R d . / S H 6 9 Existing & Proposed Conceptual Development Plan for Development Agreement Modification PROPOSED Phasing Plan Revised Plat based on Commission Recommendation Previous Plat Acted on by the Commission Proposed Landscape Plan & Qualified Open Space Exhibit NOT APPROVED – Need to be Revised per Revised Preliminary Plat Conceptual Building Elevation Photos JO I N T C I T Y C O U N C I L A N D PL A N N I N G & Z O N I N G CO M M I S S I O N M E E T I N G Fe b r u a r y 1 3 , 2 0 1 8 1 Co m p r e h e n s i v e P l a n • Me r i d i a n ’ s v i s i o n fo r t h e f u t u r e • Se t s c i t y w i d e g o a l s an d p o l i c i e s • In c l u d e s T e x t (p o l i c i e s ) a n d a M a p (F L U M ) • De s i g n a t e s f u t u r e la n d u s e s ( i n c l u d i n g sp e c i f i c , o r s u b - a r e a pl a n s a n d c i v i c u s e s ) Un i f i e d D e v e l o p m e n t C o d e Un i f i e d D e v e l o p m e n t C o d e ( U D C ) – C i t y C o d e ( T i t l e 1 1 ) t h a t e s t a b l i s h e s s t a n d a r d s f o r : • Z o n i n g D i s t r i c t s ( R e s i d e n t i a l , O f f i c e , C o m m e r c i a l , I n d u s t rial, an d T r a d i t i o n a l N e i g h b o r h o o d ) – D i m e n s i o n a l s t a n d a r d s ( l o t s i z e , s e t b a c k s , e t c . ) – U s e s a l l o w e d ( p e r m i t t e d , c o n d i t i o n a l , a c c e s s o r y , o r p r o h i bited) • L a n d s c a p i n g , p a r k i n g , f e n c i n g , s i g n s , l i g h t s , s i d e w a l k s , e t c . • S p e c i f i c U s e S t a n d a r d s • P r o c e s s e s / A d m i n i s t r a t i o n • S u b d i v i s i o n s t a n d a r d s ( s t r e e t s , e a s e m e n t s , e t c . ) Po l i c y a n d I m p l e m e n t a t i o n • C o m p r e h e n s i v e P l a n • M a s t e r P l a n s • S p e c i f i c A r e a P l a n s Po l i c y • Z o n i n g • S u b d i v i s i o n • U s e P e r m i t s • S i t e a n d d e s i g n r e v i e w Im p l e m e n t a t i o n 4 Ci t y C o u n c i l m a y d e l e g a t e ce r t a i n re s p o n s i b i l i t i e s to a P l a n n i n g a n d Z o n i n g C o m m i s s i o n Ca n n o t d e l e g a t e a u t h o r i t y t o a d o p t o r d i n a n c e s a n d Co m p r e h e n s i v e P l a n s Me r i d i a n C i t y P l a n n i n g a n d Z o n i n g C o m m i s s i o n D u t i e s are set fo r t h i n C i t y C o d e : 1. P r o v i d e f o r c i t i z e n m e e t i n g s , h e a r i n g s , s u r v e y s , or o t h e r m e t h o d s t o o b t a i n ad v i c e o n t h e p l a n n i n g p r o c e s s , c o m p r e h e n s i v e p l a n , a n d i m p l e m e n t a t i o n ; 2. C o n d u c t i n f o r m a t i o n a l m e e t i n g s a n d c o n s u l t w i t h p ub l i c o f f i c i a l s a n d a g e n c i e s , pu b l i c u t i l i t y c o m p a n i e s , a n d c i v i c , e d u c a t i o n a l , p ro f e s s i o n a l , o r o t h e r or g a n i z a t i o n s ; 3. P r o m o t e a p u b l i c i n t e r e s t i n a n d u n d e r s t a n d i n g o f t h e c o m m i s s i o n ' s a c t i v i t i e s ; 4. M a k e re c o m m e n d a t i o n s to t h e c o u n c i l c o n c e r n i n g t h e c o m p r e h e n s i v e p l a n , pl a n n i n g p r o c e s s , o r i m p l e m e n t a t i o n o f t h e c o m p r e h e ns i v e p l a n ; a n d 5. C o n d u c t p u b l i c h e a r i n g s a n d ma k e d e c i s i o n s an d r e c o m m e n d a t i o n s b a s e d o n th e r e q u i r e d f i n d i n g s a n d s t a n d a r d s t o t h e c i t y c o u nc i l f o r a p p l i c a t i o n s i n ac c o r d w i t h t h e c o d e . 5 Ty p e s o f P l a n n i n g D e c i s i o n s Le g i s l a t i v e Ac t i o n s t h a t s e t v al u e s , a d o p t st a n d a r d s , r u l e s , m a p s , t h a t af f e c t a l l o r a s i g n i f i c a n t po r t i o n o f t h e p o p u l a t i o n . Ma k i n g a l a w / r u l e ; c a n n o t b e ap p e a l e d * Ad m i n i s t r a t i v e Ac t i o n s t h a t e n f o r c e o r a d m i n i s t e r th e l e g i s l a t i v e d e c i s i o n s o n a ca s e b y c a s e o r s i t e s p e c i f i c ba s i s . Ex e c u t i n g a l a w / r u l e ; s u b j e c t t o ap p e a l 6 Ty p e s o f l e g i s l a t i v e a n d ad m i n i s t r a t i v e d e c i s i o n s Co m p r e h e n s i v e P l a n ad o p t i o n Co m p r e h e n s i v e P l a n t e x t am e n d m e n t Zo n i n g r e g u l a t i o n s Su b d i v i s i o n r e g u l a t i o n s Fu n c t i o n a l p l a n s Ge o g r a p h i c a l p l a n s CI P La n d u s e m a p a m e n d m e n t (s i t e s p e c i f i c ) Re - z o n e Co n d i t i o n a l u s e p e r m i t Va r i a n c e Pl a t a p p r o v a l Le g i s l a t i v e Ad m i n i s t r a t i v e Ad m i n i s t r a t i v e a c t i o n s r e q u i r i n g a h e a r i n g a n d d e c i s i o n o n t h e re c o r d a r e “q u a s i - j u d i c i a l ” de c i s i o n s 7 8 Ap p l i c a t i o n R e c o m m e n d i n g B o d y D e c i s i o n M a k i n g B o d y Pr o c e s s Ac c e s s o r y u s e f o r d a y c a r e , fa m i l y No n e D N Ac c e s s o r y u s e , h o m e o c c u p a t i o n in c l u d i n g p r o v i s i o n o f l e s s o n o r in s t r u c t i o n t o s e v e n ( 7 ) o r m o r e st u d e n t s No n e D N Ac c e s s o r y u s e , h o m e o c c u p a t i o n N o n e D A Ad m i n i s t r a t i v e d e s i g n r e v i e w N o n e o r d e s i g n pr o f e s s i o n a l s r e v i e w co m m i t t e e D A Al t e r n a t i v e c o m p l i a n c e N o n e D A An n e x a t i o n a n d / o r r e z o n e P Z C C P H Ce r t i f i c a t e o f o c c u p a n c y N o n e D A Ce r t i f i c a t e o f z o n i n g c o m p l i a n c e N o n e D A Ci t y c o u n c i l r e v i e w N o n e C C P H Co m p r e h e n s i v e p l a n am e n d m e n t PZ C C P H Co n d i t i o n a l u s e D P Z P H Co n d i t i o n a l u s e ( c o n c u r r e n t w i t h an n e x a t i o n , r e z o n e , p r e l i m i n a r y pl a t , a n d / o r c o m b i n a t i o n p l a t ) PZ C C P H De v e l o p m e n t a g r e e m e n t mo d i f i c a t i o n D C C P H Di r e c t o r m o d i f i c a t i o n t o a n ap p r o v e d c o n d i t i o n a l u s e No n e D A La n d s c a p i n g p l a n s N o n e D A Pl a n n e d u n i t d e v e l o p m e n t P Z C C P H 9 Pl a t , c o m b i n a t i o n P Z C C P H Pl a t , f i n a l D C C P M Pl a t , f i n a l , m o d i f i c a t i o n D C C P M Pl a t , p r e l i m i n a r y P Z C C P H Pl a t , s h o r t D C C P H Pr i v a t e s t r e e t No n e D A Pr o p e r t y b o u n d a r y a d j u s t m e n t N o n e D A Si g n No n e D A Te m p o r a r y u s e N o n e D A Ti m e e x t e n s i o n , c o m m i s s i o n o r c o u n c i l D S a m e d e c i s i on m a k e r as i n i t i a l a p p r o v a l PH Ti m e e x t e n s i o n , d i r e c t o r N o n e D A Un i f i e d d e v e l o p m e n t c o d e a m e n d m e n t P Z C C P H Va c a t i o n s : Ex e m p t p e r I d a h o Co d e s e c t i o n 50 - 1 3 0 6 A ( 5 ) No n e D A Ri g h t o f w a y D C C P M Al l o t h e r s D C C P H Va r i a n c e D C C P H Ap p l i c a t i o n R e c o m m e n d i n g B o d y De c i s i o n M a k i n g B o d y Pr o c e s s Po l i c y I m p l e m e n t a t i o n Less Discretion Zo n i n g • S e t s f r a m e w o r k f o r d e v e l o p m e n t • F i r s t r e g u l a t o r y s t e p Us e p e r m i t • C r e a t e s t h e w a y f o r p r o p e r t y t o b e b o u g h t a n d s o l d • E n s u r e s a d e q u a t e p u b l i c f a c i l i t i e s a n d b u i l d a b l e a re a Su b d i v i s i o n • A l l o w f o r r e v i e w o f c e r t a i n u s e s t h a t m a y h a v e i m p ac t s o n su r r o u n d i n g u s e s Si t e a n d de s i g n p l a n s • E n s u r e s c o m p l i a n c e w i t h t h a t s p e c i f i c d e v e l o p m e n t st a n d a r d s 10 An n e x a t i o n a n d R e z o n e F i n d i n g s 11 1. T h e m a p a m e n d m e n t c o m p l i e s w i t h t h e a p p l i c a b l e p ro v i s i o n s o f t h e co m p r e h e n s i v e p l a n ; 2. T h e m a p a m e n d m e n t c o m p l i e s w i t h t h e r e g u l a t i o n s ou t l i n e d f o r t h e pr o p o s e d d i s t r i c t , s p e c i f i c a l l y t h e p u r p o s e s t a t e m e nt ; 3. T h e m a p a m e n d m e n t s h a l l n o t b e m a t e r i a l l y d e t r i m en t a l t o t h e p u b l i c h e a l t h , sa f e t y , a n d w e l f a r e ; 4. T h e m a p a m e n d m e n t s h a l l n o t r e s u l t i n a n a d v e r s e i m p a c t u p o n t h e d e l i v e r y of s e r v i c e s b y a n y p o l i t i c a l s u b d i v i s i o n p r o v i d i n g pu b l i c s e r v i c e s w i t h i n t h e c i t y in c l u d i n g , b u t n o t l i m i t e d t o , s c h o o l d i s t r i c t s ; a n d 5. T h e a n n e x a t i o n ( a s a p p l i c a b l e ) i s i n t h e b e s t i n te r e s t o f c i t y . De v e l o p m e n t A g r e e m e n t Mo d i f i c a t i o n s 12 Co n d i t i o n a l U s e P e r m i t 13 D. S t a n d a r d s : I n a p p r o v i n g a n y c o n d i t i o n a l u s e , t h e de c i s i o n m a k i n g b o d y m a y p r e s c r i b e ap p r o p r i a t e c o n d i t i o n s , b o n d s a n d s a f e g u a r d s i n c o n fo r m i t y w i t h t h i s t i t l e t h a t : 1. M i n i m i z e a d v e r s e i m p a c t o f t h e u s e o n o t h e r p r o p er t y . 2. C o n t r o l t h e s e q u e n c e a n d t i m i n g o f t h e u s e . 3. C o n t r o l t h e d u r a t i o n o f t h e u s e . 4. A s s u r e t h a t t h e u s e a n d t h e p r o p e r t y i n w h i c h t h e u s e i s l o c a t e d i s m a i n t a i n e d p r o p e r l y . 5. D e s i g n a t e t h e e x a c t l o c a t i o n a n d n a t u r e o f t h e u se a n d t h e p r o p e r t y d e v e l o p m e n t . 6. R e q u i r e t h e p r o v i s i o n f o r o n s i t e o r o f f s i t e p u bl i c f a c i l i t i e s o r s e r v i c e s . 7. R e q u i r e m o r e r e s t r i c t i v e s t a n d a r d s t h a n t h o s e g e ne r a l l y r e q u i r e d i n t h i s t i t l e . 8. R e q u i r e m i t i g a t i o n o f a d v e r s e i m p a c t s o f t h e p r o po s e d d e v e l o p m e n t u p o n s e r v i c e de l i v e r y b y a n y p o l i t i c a l s u b d i v i s i o n , i n c l u d i n g s c ho o l d i s t r i c t s , t h a t p r o v i d e s s e r v i c e s w i t h i n th e c i t y . Co n d i t i o n a l U s e P e r m i t F i n d i n g s 1. T h a t t h e s i t e i s l a r g e e n o u g h t o a c c o m m o d a t e t h e p r o p o s e d u s e a n d m e e t a l l t h e d i m e n s i o n a l a n d de v e l o p m e n t r e g u l a t i o n s i n t h e d i s t r i c t i n w h i c h t h e u s e i s l o c a t e d . 2. T h a t t h e p r o p o s e d u s e w i l l b e h a r m o n i o u s w i t h t h e M e r i d i a n c o m p r e h e n s i v e p l a n a n d i n a c c o r d w i t h t h e re q u i r e m e n t s o f t h i s t i t l e . 3. T h a t t h e d e s i g n , c o n s t r u c t i o n , o p e r a t i o n a n d m a i nt e n a n c e w i l l b e c o m p a t i b l e w i t h o t h e r u s e s i n t h e general ne i g h b o r h o o d a n d w i t h t h e e x i s t i n g o r i n t e n d e d c h a r ac t e r o f t h e g e n e r a l v i c i n i t y a n d t h a t s u c h u s e w i l l not ad v e r s e l y c h a n g e t h e e s s e n t i a l c h a r a c t e r o f t h e s a m e a r e a . 4. T h a t t h e p r o p o s e d u s e , i f i t c o m p l i e s w i t h a l l c on d i t i o n s o f t h e a p p r o v a l i m p o s e d , w i l l n o t a d v e r s e ly affect ot h e r p r o p e r t y i n t h e v i c i n i t y . 5. T h a t t h e p r o p o s e d u s e w i l l b e s e r v e d a d e q u a t e l y by e s s e n t i a l p u b l i c f a c i l i t i e s a n d s e r v i c e s s u c h a s highways, st r e e t s , s c h o o l s , p a r k s , p o l i c e a n d f i r e p r o t e c t i o n , d r a i n a g e s t r u c t u r e s , r e f u s e d i s p o s a l , w a t e r , a n d sewer. 6. T h a t t h e p r o p o s e d u s e w i l l n o t c r e a t e e x c e s s i v e ad d i t i o n a l c o s t s f o r p u b l i c f a c i l i t i e s a n d s e r v i c e s and will not be d e t r i m e n t a l t o t h e e c o n o m i c w e l f a r e o f t h e c o m m u ni t y . 7. T h a t t h e p r o p o s e d u s e w i l l n o t i n v o l v e a c t i v i t i e s o r p r o c e s s e s , m a t e r i a l s , e q u i p m e n t a n d c o n d i t i o n s of op e r a t i o n t h a t w i l l b e d e t r i m e n t a l t o a n y p e r s o n s , pr o p e r t y o r t h e g e n e r a l w e l f a r e b y r e a s o n o f e x c e s s ive pr o d u c t i o n o f t r a f f i c , n o i s e , s m o k e , f u m e s , g l a r e o r o d o r s . 8. T h a t t h e p r o p o s e d u s e w i l l n o t r e s u l t i n t h e d e s tr u c t i o n , l o s s o r d a m a g e o f a n a t u r a l , s c e n i c o r h i storic fe a t u r e c o n s i d e r e d t o b e o f m a j o r i m p o r t a n c e . ( O r d . 0 5 - 1 1 7 0 , 8 - 3 0 - 2 0 0 5 , e f f . 9 - 1 5 - 2 0 0 5 ) 9. A d d i t i o n a l f i n d i n g s f o r t h e a l t e r a t i o n o r e x t e n s io n o f a n o n c o n f o r m i n g u s e : a. T h a t t h e p r o p o s e d n o n c o n f o r m i n g u s e d o e s n o t e n c ou r a g e o r s e t a p r e c e d e n t f o r a d d i t i o n a l no n c o n f o r m i n g u s e s w i t h i n t h e a r e a ; a n d b. T h a t t h e p r o p o s e d n o n c o n f o r m i n g u s e i s d e v e l o p e d t o a s i m i l a r o r g r e a t e r l e v e l o f c o n f o r m i t y wi t h t h e d e v e l o p m e n t s t a n d a r d s a s s e t f o r t h i n t h i s t i t l e a s c o m p a r e d t o t h e l e v e l o f d e v e l o p m e n t of t h e s u r r o u n d i n g p r o p e r t i e s . 14 Ru l e s f o r F i n d i n g o f F a c t , C o n c l u s i o n o f La w , C o n d i t i o n s a n d D e c i s i o n Fi n d i n g s o f F a c t / C o n c l u s i o n s Un d e r s t a n d t h e c o d e re q u i r e m e n t s Id e n t i f y f a c t s r e l e v a n t t o t h e co d e ; d i s r e g a r d w h a t i s n o t re l e v a n t t o y o u r c o d e re g u l a t i o n s . Li n k t h e f a c t s t o c o n c l u s i o n s of l a w Co n c l u s i o n s m u s t b e su p p o r t b y t h e f i n d i n g s o f fa c t . Co n d i t i o n s a n d D e c i s i o n Co n d i t i o n s Co n n e c t t o t i m e o r a c t i o n Av o i d t h e g r o c e r y l i s t ap p r o a c h Ne x u s a n d p r o p o r t i o n a t e De c i s i o n m u s t b e s u p p o r t e d by t h e f i n d i n g s , c o n c l u s i o n s , an d c o n d i t i o n s Qu a s i - j u d i c i a l D e c i s i o n - M a k i n g Qu a s i - j u d i c i a l a c t i o n Co n f l i c t s o f I n t e r e s t Un - b i a s e d Ex P a r t e C o n t a c t s Op e n m e e t i n g Pu b l i c H e a r i n g De c i s i o n o n t h e r e c o r d Fi n d i n g s a n d Co n c l u s i o n s Ru l e s f o r q u a s i - j u d i c i a l a c t i o n s Ad m i n i s t r a t i v e a c t i o n s re q u i r i n g a h e a r i n g a n d de c i s i o n o n t h e r e c o r d ar e “q u a s i - j u d i c i a l ” de c i s i o n s 16 Co n f l i c t o f In t e r e s t • N o e c o n o m i c in t e r e s t i n de c i s i o n • D i s c l o s e i n ad v a n c e • S t e p d o w n - n o pa r t i c i p a t i o n in t h e pr o c e e d i n g s Un - b i a s e d • A c t u a l o r di s p l a y b i a s • M u s t b e im p a r t i a l a n d di s i n t e r e s t e d Ex - p a r t e Co n t a c t s • N o d i s c u s s i o n s ou t s i d e t h e he a r i n g • D i s c l o s e i n qu a s i - j u d i c i a l (O K i n le g i s l a t i v e de c i s i o n s ) Ru l e s f o r q u a s i - j u d i c i a l a c t i o n s 17 Op e n M e e t i n g • Q u o r u m re q u i r e d • P u b l i c n o t i c e • N o s e q u e n t i a l me e t i n g s • M e e t i n g o p e n to t h e p u b l i c Pu b l i c H e a r i n g • N o t i c e r e q u i r e d • R i g h t f o r in d i v i d u a l s t o b e he a r d De c i s i o n o n th e r e c o r d • Tr a n s c r i b a b l e re c o r d • In d i v i d u a l s id e n t i f i e d • Re c o r d o f a l l wr i t t e n ma t e r i a l s , m a p s an d e x h i b i t s Ru l e s f o r q u a s i - j u d i c i a l a c t i o n s 18 Do e s t h e o p e n m e e t i n g l a w a p p l y t o m e ? • “A l l m e e t i n g s o f a go v e r n i n g b o d y of a p u b l i c a g e n c y s h a l l b e op e n t o t h e p u b l i c . ” • “Go v e r n i n g b o d y ” i n c l u d e s C o u n c i l s a n d C o m m i s s i o n s t h a t a r e au t h o r i z e d t o m a k e r e c o m m e n d a t i o n s t o a p u b l i c a g e n c y . Th e A t t o r n e y G e n e r a l s a y s : “T h e r e q u i r e m e n t t h a t t h e Op e n M e e t i n g L a w b e co m p l i e d w i t h … sh o u l d n o t be e v a d e d by h o l d i n g sm a l l e r m e e t i n g s w i t h l e s s th a n a q u o r u m p r e s e n t o r b y ha v i n g a g o - b e t w e e n c o n t a c t ea c h o f t h e g o v e r n i n g b o d y me m b e r s t o a s c e r t a i n h i s / h e r se n t i m e n t . ” Wh a t d o e s t h e o p e n m e e t i n g l a w s a y ? Al l m e e t i n g s s h a l l : • Be o p e n t o t h e p u b l i c • Pr o v i d e t h e o p p o r t u n i t y f o r a l l p e r s o n s t o a t t e n d • Be n o t i c e d 4 8 h o u r s ( r e g u l a r ) o r 2 4 h o u r s ( s p e c i a l ) p r i o r t o co n v e n i n g • Be m e m o r i a l i z e d i n s u m m a r y m i n u t e s Wh a t i s a “ m e e t i n g ” ? • Me e t i n g = C o n v e n i n g + M a k i n g a d e c i s i o n o r De l i b e r a t i n g t o w a r d d e c i s i o n • De c i s i o n = Q u o r u m ( 3 / 5 o r ½ + 1 o f t h e to t a l n u m b e r c u r r e n t l y a p p o i n t e d ) + A c t i o n • De l i b e r a t i n g = R e c e i v i n g i n f o r m a t i o n Ex c h a n g i n g i n f o r m a t i o n Ex c h a n g i n g o p i n i o n s Wh a t i s a “ m e e t i n g ” ? QU I Z : F o u r C o m m i s s i o n e r s / C o u n c i l m e m b e r s s e e e a c h o t h e r at a di n n e r p a r t y . T h e y t a l k a b o u t B S U f o o t b a l l . I s t h is a “m e e t i n g ” ? • No . “ M e e t i n g ” d o e s n o t i n c l u d e i n f o r m a l g a t h e r i n g s wi t h o u t d e l i b e r a t i o n s . Ho w s h o u l d I h a n d l e e x p a r t e i n f o ? • Ex P a r t e C o m m u n i c a t i o n = R e c e i v i n g , o f f t h e r e c o r d , in f o r m a t i o n o r o p i n i o n r e g a r d i n g a p e n d i n g m a t t e r . • In f o r m a l c o n v e r s a t i o n s w i t h c i t i z e n s • Un s o l i c i t e d e - m a i l o r v o i c e m a i l o p i n i o n s • In d i v i d u a l s i t e v i s i t s , r e s e a r c h , i n t e r v i e w s Th e I d a h o S u p r e m e C o u r t s a y s : • Ru l e o f t h u m b : T r y t o a v o i d e x p a r t e c o m m u n i c a t i o n s about ma t t e r s t h a t a r e p e n d i n g a d i s c u s s i o n a t a m e e t i n g . “W h e n a g o v e r n i n g b o d y de v i a t e s f r o m t h e p u b l i c re c o r d , i t e s s e n t i a l l y co n d u c t s a s e c o n d fact- ga t h e r i n g s e s s i o n wi t h o u t p r o p e r n o t i c e .” Ca n I v i s i t a s i t e o n o u r a g e n d a ? • No , a n d M a y b e Co m m i s s i o n e r s c a n n o t s p e c i f i c a l l y g o t o a s p e c i f i c location th a t t h e y k n o w i s t h e s u b j e c t o f a m a t t e r p e n d i n g o r likely to p e n d i n g b e f o r e t h e m f o r a d e c i s i o n o r re c o m m e n d a t i o n ; U N L E S S No t i c e a n d a Q u o r u m a r e p r e s e n t . No w i t b e c o m e s a m e e t i n g . Wh a t i f w e v i o l a t e t h e l a w ? • An y a c t i o n t a k e n i n v i o l a t i o n o f t h e O p e n M e e t i n g L a w is void. • Su b s e q u e n t a c t i o n s a r e a l s o c o n s i d e r e d t a i n t e d a n d therefore vo i d . • FI X : D o - o v e r , f r o m t h e b e g i n n i n g . • If a n a c t i o n i s k n o w i n g l y t a k e n i n v i o l a t i o n o f t h e La w , t h e ac t o r i s s u b j e c t t o b e i n g i n d i v i d u a l l y s u e d a n d f i n ed , a n d m a y be s u b j e c t t o c r i m i n a l p r o s e c u t i o n . • An y a f f e c t e d c i t i z e n c a n c o m p e l a s u i t . Su c c e s s f u l M e e t i n g s 1. P r e p a r e 2. A s k C i t y S t a f f f o r S u p p o r t 3. F o l l o w t h e A g e n d a 4. P u b l i c H e a r i n g s i. H a v e r u l e s , a v a i l a b l e t o t h e pu b l i c a n d s t i c k t o t h e m ii . I n t r o d u c t i o n ii i . S t a f f R e p o r t iv . Q u e s t i o n s o f s t a f f – n o o p i n i o n s v. P u b l i c H e a r i n g – a c t i v e l y l i s t e n ; ta k e n o t e s ; a s k q u e s t i o n s vi . A d d i t i o n a l q u e s t i o n s o f s t a f f o r cl a r i f i c a t i o n vi i . D i s c u s s i o n / D e l i b e r a t i o n vi i i . A c t i o n 5. K e e p i t f o r m a l ( b u t co m f o r t a b l e ) 6. S p e a k t h r o u g h t h e c h a i r 28 De c i s i o n -ma k i n g Du r i n g D i s c u s s i o n Pa r t i c i p a t e Do n o t p o l l - w o r k t o w a r d co n s e n s u s - n o t f u l l a g r e e m e n t . Ex p r e s s d i s a g r e e m e n t – s i l e n c e me a n s c o n s e n t . As k f o r c l a r i f i c a t i o n Mo n i t o r “ a i r t i m e ” Re m e m b e r t h e r e c o r d It i s d i s c u s s i o n - n o t a d i a l o g u e wi t h s t a f f o r t h e p u b l i c . 29 Te n C o m m a n d m e n t s o f G o o d De c i s i o n - m a k i n g 1. F o l l o w t h e C o d e 2. A v o i d p o l i t i c s 3. B e p o l i t i c a l l y c o r r e c t a n d d i g n i f i e d 4. C o n s i d e r a l l t h e e v i d e n c e 5. M a k e a g o o d r e c o r d 6. M a k e w r i t t e n f i n d i n g s a n d c o n c l u s i o n s 7. S u p p o r t t h e d e c i s i o n w i t h r e a l e v i d e n c e 8. I m p o s e o n l y l a w f u l c o n d i t i o n s 9. D o n o t i n v a d e t h e p r o v i n c e o f s t a f f 10 . T h i n k l i k e a j u d g e , a c t l i k e a j u d g e a n d d e c i d e l ik e a j u d g e . 30 Do ' s a n d D o n ' t s o f N o n - v e r b a l C u e s Do n ' t s Sl o u c h i n g / l e a n i n g b a c k Ch a t t i n g w i t h c o l l e a g u e s Dr u m m i n g y o u r f i n g e r s No s e i n t h e n o t e s Do ’ s Re f e r t o t e s t i m o n y Re f e r b y n a m e Lo o k ‘ e m i n t h e e y e No d a f f i r m a t i v e l y 31 Et h i c s Zo n i n g D e s i g n a t i o n s / F L U M 33 St e p - u p / S t e p - d o w n In r e s i d e n t i a l a r e a s , o t h e r r e s i d e n t i a l d e n s i t i e s wi l l b e c o n s i d e r e d w i t h o u t r e q u i r i n g a Co m p r e h e n s i v e P l a n A m e n d m e n t . H o w e v e r , t h e de n s i t y c a n o n l y b e c h a n g e d o n e “ s t e p ” ( i . e . fr o m l o w t o m e d i u m , n o t l o w t o h i g h , e t c . ) T h i s pr o v i s i o n d o e s n o t a p p l y t o 1 ) t h e a r e a b o u n d e d by C a n - A d a , C h i n d e n , M c D e r m o t t , a n d U s t i c k Ro a d s o r 2 ) w i t h i n t h e T e n M i l e I n t e r c h a n g e Sp e c i f i c A r e a P l a n ( p a g e 2 1 ) . 34 So u t h M e r i d i a n a n d R i m D i r e c t i o n • St a f f n e e d s s o m e d i r e c t i o n o n h o w m u c h ef f o r t / r e s o u r c e s / s c o p e f o r b o t h a d d r e s s i n g th e R i m ( s ) a n d S o u t h M e r i d i a n l a n d u s e s w i t h th e n e w C o m p P l a n e f f o r t . – Do w e w a n t t o r e - e v a l u a t e e i t h e r ( o r b o t h ) p o l i c i e s (t h i n k v i e w s h e d s ) A N D / O R l a n d u s e s i n a n y / a l l o f So u t h M e r i d i a n ; j u s t t h e R i m a r e a ; j u s t s o u t h e a s t ; ju s t s o u t h w e s t ? 35 Co m m u n i t y D e v e l o p m e n t ( P l a n n i n g ) , 8 8 4 - 5 5 3 3 – Ca m e r o n A e r i a l – D e p a r t m e n t D i r e c t o r – Ca l e b H o o d – D i v i s i o n M a n a g e r – Bi l l P a r s o n s – P l a n n i n g S u p e r v i s o r ( C u r r e n t ) – So n y a A l l e n – A s s o c i a t e P l a n n e r ( C u r r e n t ) – Jo s h B e a c h – A s s o c i a t e P l a n n e r ( C u r r e n t ) – Br i a n M c C l u r e – A s s o c i a t e P l a n n e r ( L o n g R a n g e ) – Br o c k C h e r r y – A s s i s t a n t P l a n n e r ( C u r r e n t ) – St e p h a n i e L e o n a r d – A s s i s t a n t P l a n n e r ( C u r r e n t ) – Ch r i s t o p h e r P o p e – C D B G A d m i n i s t r a t o r – Ki m T a b a r i n i – A d m i n I I ( C D ) Ci t y A t t o r n e y ’ s O f f i c e , 8 9 8 - 5 5 0 6 • Bi l l N a r y , C i t y A t t o r n e y • Te d B a i r d , D e p u t y C i t y A t t o r n e y • Em i l y K a n e , D e p u t y C i t y A t t o r n e y • An d r e a P o g u e , D e p u t y C i t y A t t o r n e y City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: y A Project/File Number: H-2017-0162 Item Title: Future Meeting Topics Final Order for Tree Farm Subdivision No. 3 (H-2017-0162) by M3 Companies, LLC located north of Chinden Blvd, south of the Phyllis Canal and approximately 1/2 mile east of N. Black Cat Road Meeting Notes a BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 65 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 26.06 ACRES OF LAND IN THE R-4 AND R-8 ZONING DISTRICTS FOR TREE FARM SUBDIVISION NO. 3 BY: M3 COMPANIES, LLC APPLICANT HEARING DATE: JANUARY 23, 2018 CASE NO. H-2017-0162 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on January 23, 2018 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING TREE FARM SUBDIVISION NO. 3, SITUATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 01/16/2018, BY MICHAEL S. BURNS, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM NO.3 — FP (H-2017-0162) Pagel of 3 I OF 8," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services Divisions of the Community Development Department dated January 23, 2018, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mark Tate, M3 Companies, LLC, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM NO. 3 — FP (H-2017-0162) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the rw yj o4 32018. Attest: Cay Cole Zv Clerk � c �a r �y �r w IDIAN�-- IDAHO SEAL �ammy d�" eerd Mayor, of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM NO. 3 — FP (H-2017-0162) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: January 16, 2018 (Continued to January 23, 2018) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Tree Farm Subdivision No. 3 (H-2017-0162) I. APPLICATION SUMMARY The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of sixty five (65) single- family residential building lots and six (6) common lots on approximately 26.06 acres of land in the R-4 and R-8 zoning districts. This is the third and final phase of the Tree Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Tree Farm Subdivision No. 3 final plat application subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0162 as presented in the staff report for the hearing date of January 16, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0162, as presented during the hearing on January 16, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0162 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4740 W. Chinden Blvd., in the SW 1/4 of Section 22, Township 4N., Range 1W. B. Owners: Ball Real Estate, BFT KGLG Cherry Lane, LLC & Fairmont Tempe, LLC 4222 E. Camelback Road, Suite H100 Phoenix, AZ 85018 C. Applicant: M3 Companies, LLC, (Mark Tate) 1087 W. River Street, Suite 310 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 1 EXHIBIT A Boise, ID 83702 D. Agent: JUB Engineers (Kristi Watkins) 250 S. Beechwood Ave. Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts sixty five (65) single-family residential building lots and six (6) common lots on 26.06 acres of land, zoned R-8. The gross density of the proposed subdivision is 2.49 dwelling units (d.u.) per acre with a net density of 3.18 d.u. per acre. The minimum property size is 5,999 square feet with an average property size of 13,703 square feet (s.£). All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-4 and R-8 zoning district. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Open space proposed for this phase consists of several passive open space lots, collector street buffers and parkways. The open space proposed with this phase is consistent with the overall project open space approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lotshas been reduced from the approved preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ -06-004 and AZ -06-050), rezone and preliminary plat (H-2016-0128 and development agreement H-2016-0128 (Inst. No. 2017- 035132). 2. The applicant has until February 22, 2019 to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, dated January 16, 2018 by Michael S. Byrns shall be revised as follows: • Include the instrument # for note #10 referencing the ACHD license agreement instrument number. • Include the instrument # for easement note #5 referencing the ACHD storm drain easement instrument number. • Include the instrument # for easement note #4 referencing the ACHD right-of-way easement instrument number. • Include the instrument # for easement note #6 referencing the ACHD temporary turn around easement instrument number. • Note #1: Replace Lot 1, Block 10 as a called out common lot in note #1 and replace with Lot 8, Block 10. PAGE 2 Tree Farm Subdivision No. 3 (H-2017-0162) EXHIBIT A • Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. 5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 12/12/2017 shall be revised as follows: a) Prior to signature on the final plat, the applicant shall provide a detailed fencing plan. b) The final plat currently indicates an easement along the Phyllis Canal along Lots 35-45 of Block 2. This easement shall be placed in a common lot to ensure more consistent maintenance of the landscaping. c) The applicant shall install a 5 foot detached sidewalk along their entire frontage of N. Black Cat Road. d) Prior to signature on the final plat, the applicant shall indicate how they intend to landscape Lot 2 Block 8 west of Lots 45 and 46, Block 2. 6. Lots 29 and 30 of Block 2 shall take access from a common driveway (Lot 28, Block 2). For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11 -6C -3D.8. 7. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. 8. Future homes/structures constructed in this subdivision shall substantially comply with the ith the preliminary plat. Because homes on lots t hat back-up to sample elevations approved w public streets such as N. Black Cat Road (Lots 2-11, Block 9, and Lots 45-45, Block 2) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes are exempt from this requirement. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. Street lights are required to be on a stand-alone drawing pursuant to section 6-7 of the City of Meridian 2016 Design Standards. Street lights are required on the portion of Black Cat that will be constructed with this development. These street lights shall be metered and can be either Type I or Type 2 street lights in accordance with drawing 6C of the Meridian Design Standards. 13. The adequacy of available fire flow will be verified prior to the issuance of a building permit in this development. Home builders will be subject to minimum fire flow requirements as determined by the Meridian Fire Department. PAGE 3 Tree Farm Subdivision No. 3 (H-2017-0162) EXHIBIT A VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11 -5C -3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non -life, non -safety and non -health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11 -5C -3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. PAGE 4 Tree Farm Subdivision No. 3 (H-2017-0162) EXHIBIT A 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, PAGE 5 Tree Farm Subdivision No. 3 (H-2017-0162) . EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. 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. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan :PAGE 6 Tree Farm Subdivision No. 3 (H-2017-0162) Exhibit A — Vicinity Map Vicinity Map [Legend ®F4op_ct Lo®14n ■ .Meo ol'mPecf _ i M1k_rHisn Ctly Lkn� o Parce*- h�''dan � m h iG a ¢rs Print We: 1/11/2018 - - User. b—ch EXHIBIT A D.b 0 0'3 Miles [1h,tarmalNn shmvn an thkmepsk_d hom vedeusCiyfI.I�b the mnt-t. sultahaty. uayafa�Yclthe d.N'1(F31 1 p—idd. fw ny Pur,— end ulbiiyte i e intumalbn mutein d on th's msP- iJ RUT i PUNA Tree Farm Subdivision No. 3 (H-2017-0162) ' {➢f�F1 `7[k, �.'-. alC le'r --j/ bllQ ±t P. +o�..-... R-11 I IrrEa i'; '� 12 IT l c why it -sf E'} C 1 (:� E IDR IAN. -, '11IDAIiO PAGE 7 Exhibit B — Approved Preliminary Plat EXHIBIT A " - TREE FARM SUBDIVINUN mMvxt,cxavwta"Ot? � WQWI�+as�c¢.a, ¢3vip TZA FAME 1 KRMSSl�7VM M II - -- �-- Il WPO 13- AJkGOUMY, KS `' 2050 I T4 "t..�' ��llo3F®::a��L_•�. '��5�''L'e�:ate.®m ...VKNI Mye.+ gm M_ �t .� i �...�,. PP -01 PAGE 8 Tree Farm Subdivision No. 3 (H-2017-0162) Exhibit C — Proposed Final Plat EXHIBIT A PLAT SHOWING PLAT BOOK PacE Tree Farm Subdivision No. 3 f sn.et Stvtef a h W Wil d WF SF 4st W11e. 9d Be S3dMat W" d I±z WA*W OL"d d 11 - _ I` Stein A @rNp 4 Nair R241 K Butt WSut �, ° ej City of Neridion, Ado County, Idaho, fN LZ I 1 s : 1rr349'29'E OYE Ng0'38321313.16' _no 79.89' 16&99• wave aYn -iv cv 3� 1tj E d EfYeN Fee ';y,85 Baa 6 15 $ SO t: Legend _ alns.<w 9w.mn u.+ 2Y tee �� Faw..l Vn i It �i a -- _ la0 Slag 0•e. Fac-sM Itno _ e� fsir� Cmrnei U -e �/'� 11 Y __--._—.__FiiVrvi-a•+iarf FcvM Ltie �• •, 11 o e -ie est'w�x {a a 2 3 v - faM t -.+/Is- a.n•.•v � cw l Ile 40 vr.q] JIA t11A' 9xx! 1 = b � reete�fnp4v:et�ia �JIH ItSJ' ■ c)~^ "--_~ ¢ - x 113X' bmfvn er W ,.an veTq Y>.FN3'J-11-9 It b lA P-3Pf<.Itcn ttf'? n ' , _ ss a a+v u_� `o'slvs ..B xx3u• l2 11 2t _ CCmelxw-u ORe<'7 � _ Ict xVmr lx» r�7 15 a 5�-yg14'x CN89'29'11 W flYll7 - n3 M•rtar foN m ua.a..+ I 5 v i753g BY.{8' 13.1'.Oo' a i 14 Si62Y'41"11 N89.29'11'N L3 i 130b1' 4 � 1° � ... 2 n� oma. v -r• 4 � 3 YA..sa xb. 1 l'x kN6r'^xa i� 01 y,Q. avn rY1Y It 17 r t >9a Pm' xt2,x' van I yy6�1'11'VI mtri12 aur ,xsY u!s! fyaf m�Yih b 21270 _ a 694'34'68'E n.xoe � �� 21 94.00' aniuv 2 SlLu1 m n.4 .v ), 03 \il• ; nor ` J o to C4 n ,Nv wvu' 1q xeuYts'J tuv O)fl� Lt0 f,� � 1-U-9 ENGINEERS, INC. } ee�v of eamin9 _ ssfwx'. m•: s' w•�...s.vmr..v<amaw 21}17 xeslYtll, 1Nf9<• a fI1�lAflxtfpFrr..2Ya Tree Farm Subdivision No. 3 (1-1-2017-0162) PAGE 9 Exhibit D —Proposed Landscape Plan OWNER mSL:vML3 iW'IAv(..e '14 CIVIL CFe. Mata TSC 1T1` 1]34!1 fu iYr%YP2 CIVIL ENGINEERS JJODi!{[m,i4 ZASSri�OcfAn. ILe�l1-.1'a to Xh`I.4s LANDSCAPE ARCHITECT 4all!�! r«ca.F [m+.sarlM ISI R4-fi[V [ie tW wa.� EXHIBIT A PHASE 3 LANDSCAPE PLANS FOR TREE FARM SUBDIVISION CIT OF MERIDIAN. ADA COUNTY. IDAHO 2017 TREE FARM SUBDIVISION - PHASE 3 OV=GALL LANDSCAPE PLAN Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 10 Bill Parsons From: Mark Tate <MTate@m3companiesllc.com> Sent: Thursday, January 18, 2018 4:11 PM To: Joshua Beach; Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way Subject: RE: Tree Farm No. 3 - FP (H -2017 - I'm just getting to emails after being in some meetings. I'm okay with the staff report as written. Thanks, I'� 111 cont ipan1eS Mark Tate General Manager M3 Companies 1087 W. River Street Suite 310 Boise, ID 83702 208.939.6263 Phone 208.939.6752 Fax E-mail: mtate@m3companiesllc.com CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify The M3 Companies immediately by telephone at (208) 939-6263, by facsimile at (208) 939-6752 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender does not have liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. From: Joshua Beach[mailto:ibeach@meridiancity.orj Sent: Thursday, January 18, 2018 11:12 AM To: Mark Tate <MTate(@m3companiesllc.com>; Barbara Shiffer <bshiffer@meridiancity.org>; Bill Parsons <bparsons meridiancity.org>; C.Jay Coles <cicoles meridiancity.org>; Charlene Way <cwav@meridiancitv.org> Subject: Tree Farm No. 3 - FP (H -2017 - Mark - Please submit a written response to the staff report to the City Clerk's office (cicoles@meridiancity.or ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: if you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach I Associate City Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 �C:III� 1AN;�- Built for Business, Designed for Living www. opp ortunitym eridian. org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: Ll B Project/File Number: -RD C, Item Title: Resolution No.: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent And Temporary Records Of The City Of Meridian; And Providing An Effective Date. Meetina Notes 0 1 ACITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(7) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, upon the advice of the City Attorney, the City Cleric has identified certain semi- permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the City of Meridian: _Whin Pi-enril TIP%trnetion List RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 1 OF 30 Semi -Permanent Records Record Description Years City Attorney's Office Bankruptcy Notices Records documenting Destroy records dated December and Case Files notification to the city that 31, 2012 and older certain individuals have filed for bankruptcy, and used to determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor's name, utility accounts information, prepared repayment plan and related documentation. Civil Case Files Pending and closed cases filed by Destroy records dated December and against the city, including all 31, 2007 and older pre -litigation, litigation, appellate documents RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 1 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 2 OF 30 (complaints, summons, investigations, reports, attorney notes, discovery -related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy files. Departmental Reports Reports prepared by the city Destroy records dated December attorney for the mayor and city 31, 2012 and older council. Land Use Appeals Appeals of land use decisions, Destroy records dated December including staff reports, pleadings, 31, 2007 and older briefs, and related records. Legal Opinions, Formal and informal opinions Destroy records dated December Memoranda and memoranda rendered by the 31, 2007 and older city attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Claim Files Claims for damages filed by and Destroy records dated December against the city, including claims 31, 2007 and older caused by city employees/ equipment, including Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Insurance Policy Records documenting the terms Destroy records dated December Records and conditions of city insurance 31, 2012 and older policies covering liability, property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. City Clerk's Office Correspondence Records created or received in Destroy records dated December the course of administering 31, 2012 and older city policies, procedures or programs, but these records do RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 2 OF 30 PAGE 3 OF 30 not provide insight into significant policy, procedure or program discussions or decisions. AudioNideo Recordings Audio and video recordings of City Council, Commission and Committee Meetings. Destroy records dated December 31, 2012 and older Contracts & Agreements to which the City is a Party Agreements with vendors and other parties for the acquisition, lease, lease-purchase or sale of equipment, supplies, services or property, letters of credit, Destroy records dated December 31, 1992 and older warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Records relating to city permits and licenses issued in the City Destroy records dated December 31, 2007 and older Permits & Licenses Clerk's Office. Commissions, Committees, and Boards —Excludes Planning & Zoning and City Council Audio recordings of commission, committee, or board meetin s Summary or verbatim minutes of commission, committee, or board Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older Audio Recordings Minutes meetings; documents and other written or visual materials presented at meetings (e.g., handouts, photos, presentations, etc.) Community Development Department Correspondence Records created or received in the course of administering Destroy records dated December 31, 2012 and older city policies, procedures, or RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 3 OF 30 Professional Service Agreement(PSA)/Contracts Zoning Verification Letter Building Applications Commercial Projects Government Buildings for and programs, but these records do not provide insight into significant policy, procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Building Applications for Non -Commercial Projects and Non -Government Buildings Documents or communication related to a PSA/contract, including, but not limited to: copies of contract documents; emails including (performance related) correspondence from our PSA consultants (electrical, plumbing, mechanical, structural, and fire disciplines). Documents, including, but not limited to: written requests for zoning analysis of a specific parcel/property and the responsive departmental o inion Accela files related to commercial and governmental buildings and projects, including, but not limited to: permit application, signs, inspection records, certificates of values, photos, building, mechanical, plumbing, fire, and/or electrical permits, letters, and correspondence. Accela Files related to Non- commercial and Non- governmental buildings and projects, including, but not limited to: permit applications. inspection records, photos, building, mechanical. No longer than 10 years, see Cleric's schedule Destroy Records dated December 31, 2007 and older after verification that CLERK has record Destroy records dated December 31, 2007 and older Destroy records dated December 31, 2007 and older (inclusive of non-Accela system records that meet the criteria) Destroy records dated December 31, 2007 and older (inclusive of non-Accela system records that meet the criteria) RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 4 OF 30 PAGE 5 OF 30 plumbing, and/or electrical ermits. Files or documents created Destroy records dated December Land Development Commercial and and/or used in the land 31, 2007 and older Governments Project Files development phase of a commercial project, including but not limited to: approval letters, QLPE letters, soil reports, and drainage lculations. Land Development Noles or documents created orFDe'roy records dated December Commercial and Noed I in the land development007 and older Government (Residentiaase of a residential or Project Files commercial subdivision project, including, but not limited to: approval letters, QLPE letters, soil report, and drama e calculations. Files or documents created Destroy records dated December Permits and Inspection Records — All Land and/or used in the land 31, 2007 and older Development (Accela developments phase of all Record ID's) Governmental, Commercial, or Residential/Commercial Subdivision projects with Accela ID's (LD-DEV, LD- CLOT, LD-RSUB, LD-CSUB, LD-CAP, LD-MISC, LD- W SA). Documents, including, but not Destroy records dated December Sub Recipient Agreements and Supporting Documents limited to: agreements, 31, 2007 and older Consolidated Annual Performance Evaluation Report (CAPER), sub- recipient agreements, environmental review records, PSAs (and corresponding products), sub-recipient reporting documents (activity reports, draw requests, labor files), etc. Documents, including, but not Destroy records dated December n: Planned Sign ogram; No longer rg limited to: approved 31, 2012 and older uing,but still have application, and sign existing records requirements for a specific ro'ect. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 5 OF 30 Sign: Limited Duration Documents, including, but not I Destroy records dated December limited to: application, 31, 2007 and older associated checklist items, and approved sign design/drawings. Time Extension Documents including, but not Destroy records dated December limited to: application, staff 31, 2012 and older report, and decision letter. Finance Department Correspondence or received in Destroy records dated December e of administering city 31, 2012 and older FRecordscreated procedures or programs, records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing Accounts Payable adjustment requests, etc. Records documenting payment Destroy records dated December of city bills, including reports, 31, 2012 and older invoices, check stubs, purchase orders, payment authorizations. Accounts Receivable Records documenting billing and Destroy records dated December collection of monies owed to the 31, 2012 and older city by vendors, citizens, organizations, governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, Cash Receipts adjustments, etc. Receipt and supporting oy records dated December Di s2012 documentation and older Grant Records Records documenting the Destroy records dated December application, evaluation, 31, 2007 and older awarding, administration, reporting and status of grants applied for, received, awarded or administered by the city. Records include: applications and proposals, summaries, RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 6 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 7 OF 30 objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Sales & Use Tax Forms Used to report and remit sales tax Destroy records date]December collected and due to the state. 31, 2012 and olderTravel Records Records documenting requests, Destroy records date authorizations, reimbursements, 31, 2012 and older and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Financial Reports Reports documenting the Destroy records dated December Quarterly Published financial condition and operation 31, 2007 and older of the city, Reports include information on revenues and expenditures in relation to the final budget. Financial Reports Year Reports and data used to Destroy records dated December End document the financial condition 31, 2012 and older and operation of the city, sub ledgers related to, but not including the final Audit Report. Bank Transaction Records documenting the status Destroy records dated December Records and transaction activity of city 31, 2012 and older bank accounts, including account statements. Budget Records Records used in preparing and Destroy records dated December adopting the city budget, 31, 2007 and older including revenue projections, instructions, department requests, worksheets, council - approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 7 OF 30 A.+pd T)PvPmber Cancelled checks Bank record or acwuii� 31, 2012 and older A transactions. Capital Asset Records — Record of purchase, vendor Destroy records dated December Purchase invoice and related documents. 31, 2012 and older Capital Asset Records — Record of disposal, department Dl s20oy recors dated December Disposal request of disposal. and Olde Gift and Contribution dated Records documenting gifts and Dl s2007 December Records contributions to the city. and ods Investment Records Reports, statements, summaries, Destroy records dated December correspondence and other 31, 2012 and older records documenting and tracking investments made by the city, including the Local Government Investment Pool. Accounting Software Transaction records within the Destroy records dated December Records Accounting Software system: 31, 2007 and older including — payroll, vendor listing, vendor payments, vendor purchase orders, budget transactions, cash receipts, and ledger. Departmental Reports general Reports documenting the Destroy records dated December financial condition and operation 31, 2007 and older of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to General Ledgers the final budget. Records documenting the Destroy records dated December summary of accounts reflecting 31, 2007 and older the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCIIUN PAGE 8 OF 30 escrow, deferred loans received, cash, revenue, accounts receivable, accounts a able, etc. Journal Entries Records including detailed Destroy records dated December reports and back up 31, 2012 and older documentation for journal entries Administrative Reports Reports, statistical studies, and Destroy records dated December other records designed and used 31, 2007 and older for budget preparation, projections, workload and personnel management, and research and generalreference. Deduction Records documenting employee Destroy records dated December Authorization Records authorization for voluntary 31, 2012 and older payroll deductions. Records may include: direct bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Federal & State Tax Records, in addition to those Destroy records dated December Records itemized in this section, used to 31, 2012 and older report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers' quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Garnishment Record Records documenting requests Destroy records dated December and court orders to withhold 31, 2012 and older wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usuall RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 9 OF 30 includes: employee name and W Uj &UU, lk ave. "_v _­-, ------ leave hours taken by city employees. Information usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. social security number, name of agency ordering garnishment, Destroy records dated December amount, name of party to whom individual employee earnings payment is submitted, dates, and related data. Registers Year End Payroll Registers: Registers or Destroy records dated December records serving the same function 31, 2012 and older of documenting the earnings, voluntary and required deductions, and withholdings of federal tax form W-2• city employees. Information usually includes employee name and social security number, hours and tax identification number, worked, rate, overtime, vacation value, various allowance, gross pay, federal and state security number, wages paid, withholding, voluntary deductions, net pay, and related data. data. Time Records Records documenting hours Destroy records dated December _ __ o a .,,,,i 'Ai mll and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 10 OF 30 W Uj &UU, lk ave. "_v _­-, ------ leave hours taken by city employees. Information usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. - I Annual statements documenting Destroy records dated December W2s individual employee earnings 31, 2012 and older and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2• Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. W4s Certificates documenting the Destroy records dated December exemption status of individual 31, 2012 and older city employees, also known as RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 10 OF 30 PERSI Records Unemployment Reports Contracts Lease Agreements Purchase Orders Purchasing Selection W-4 forms. Information includes: employee name and address, social security number, designation of exemption status, and signature. Records relating to PERSI, including Employer Remittance Forms, invoices, correspondence, financial adjustments, etc. Records documenting employee earnings on a quarterly basis. Used to document costs and charges in the event of an unemployment compensation claim. Information includes: employee name and social security number, quarterly Destroy records dated December 31, 2012 and older Agreements with vendors and other parties either in hard copies or contained on the Contract Management Database for the acquisition or sale of equipment, supplies, services or property, also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitatin . requipmeFnt. se aments for property or Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older Requests and purchase orders for goods or services purchased by the city. Information includes: department, delivery location, date, quantity, description, unit and total price, and authorizing signatures. Records documenting competitive bidding and purchase of goods, services, and public works construction, and I procurement of design Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 11 OF 30 Adjustment Registers Billing Directive Billing/Payment Registers Change Record professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, 1'f tions etc statements of qua I Ica , Records documenting Destroy records dated December t to customer water, 31, 2012 and older ad�ustmen s sewer, garbage or other city - provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing Ir" so al'J. Application completed by owner Destroy records dated llecemner or property manager to initiate 31, 2012 and older Third Party billing for specified utility account. Information included: owner, property manager, tenant, move -in date, and service address. Records documenting transactions on the water, sewer, garbage or other city -provided service account of each customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Records documenting routine information changes to customer accounts, including name and address. (Records held within the billing software) Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 12 OF 30 Customer File General correspondence and forms related to a specific utility account. This information would be in addition to that found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Disconnect Notice to Notice to City Council to verify City Council that no customer currently slated for shut off due to non-payment has requested a hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older Disconnect Record cRustomer's ecords documenting quest g for disconnection of water, sewer, garbage or other city -provided services. (records held within the billing software). Meter Readings Document the readings of customer water meters for billing purposes. Information typically includes: meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software Renter Addendums Supplemental document completed by the tenant to accept the third party billing for specified utility account. Information included: tenants name, service address, mailing address and phone number. Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older Destroy records dated December 31, 2012 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 13 OF 30 Security Deposit Records documenting customerFDese,ords dated December older Records payment of a security deposit tod receive temporary dumpster services. Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Electronic o dated December Shut Off Turn On off daby water Destroy 2 and older during shut Y Y department field staff and MUBS. Tracks customers that are to be shut off, payments, and turn -ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn -on, fee waived if applicable and Eeneral notes. Fire Department Car Seat Inspections Car seat inspection forms. Destroy lde recors dated December 31, 200nd O General administrativeoy recors dated December Destro Correspondence correspondence, 2 and Olde records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Final, approved Officer and Destroy records dated December Meeting Minutes Command Staff meeting 31, 2012 and older. minutes. Records related to the design and Destroy records dated December Public Education & implementation of educational 31, 2012 and older. Programs Publications and other outreach programs provided to the public by the department. May include: class RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 14 OF 30 PAGE 15 OF 30 descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and Burn -publications. Records related to structure oy records dated December Structure Training Records burns. 31,2007 and older. Human Resources Affirmative Action; Records documenting cityFDestroy records dated December Equal Employment compliance with the Civil Rights012 and older Opportunity Act of 1964, the Equal Commission Reports Employment Opportunity Act of 1972 and the Americans with Disabilities Act. Records include: plans, policy statements, reports, investigations, case files and related information. Also includes EEO -4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Wo king utilized recors dated December Budget Prep Records establish 31,stroy d bas budgets and2007 and olde bull g yearly budgets; worksheets, enhancements, amendments, etc. Committee Records ds dated December Agendasmeeting Dmeetingestroy1, 2010 and ore n P, 2010 minutes/notes for special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Records documenting plan Destroy records dated December Insurance Policies/Plans: descriptions and summaries of 31, 2007 and older Employee Group city insurance policies and plans Health and Life Benefits covering employee group health and life benefits, including annual certification records. HR and other initiated internal Destroy records dated December Surveys surveys, survey results (e.g. 31, 2007 and older Salary Surveys, Employee RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 15 OF 30 Satisfactions Surveys, Best Place to Work. Etc.). Information Technology Correspondence Records created or received in Destroy records dated December the course of administering city 31, 2012 and older policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. All cases opened in Case Destroy records dated December Case Management Notes Management. 31, 2007 and older Department Policies Policies, reports, and documents Destroy records dated December and Reports regarding internal department 31, 2012 and older operations and procedures, e.g. computer usage policy, password policy, service level goals, training materials, evaluations of materials. Outlook E-mail All e-mail messages, sent or Destroy records dated December Messages — General received by City staff using 31, 2012 and older City Staff Outlook software, that are stored in Outlook or the City's e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Mayor's Office Correspondence Correspondence created of Destroyrecordsdated December received In the course , and old administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Agendas & Minutes Agendas and minutes of Director Destroy records dated December Meetings, Operational Meetings, 31, 2007 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 16 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 17 OF 30 Mayor's Youth Advisory Council Meetings. Applications Forms and materials submitted Destroy records dated December with application for positions or 31, 2007 and older awards administered by Mayor's Office, including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Proclamations Proclamations issued by the 31,stroy December Mayor. 1992 and oddedated Publications Informational or promotional Destroy records dated December publications of the Mayor's 31, 2007 and older office, including newsletters, flyers, marketing materials, brochures, program materials. Parks and Recreation Department Agendas & Minutes Agendas and minutes of weekly Destroy records dated December and monthly MPR staff 31, 2007 and older meetings. Budget Preparation Working documents utilized to Destroy records dated December Records build base budgets and establish 31, 2007 and older yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Correspondence Records created or received in Destroy records dated December the course of administering city 31, 2012 and older policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 17 OF 30 Internal Department Completed logs of employees' Destroy records dated December Time Logs and Reports time, tasks, and location; reports 31, 2012 and older and analysis of related data. Informational or promotional Destroy records dated December Marketing Materials publications of the Parks & 31, 2007 and older Recreation Department, including flyers, brochures, program materials, Facilities Tour/Park Ambassador/other program booklets, PowerPoint and Prezi presentations, z-cards, and videos. Surveys Internal and external outreach Destroy records dated December surveys and results, 31, 2007 and older presentations, neighborhood meeting minutes, correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Public Works Department Activity Reports Daily, weekly, monthly or other Destroy records dated December reports documenting the 31, 2012 and older activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Ada County Highway Permits issued by Ada County Destroy records dated December District (ACRD) Highway District (ACHD) to dig 31, 2012 and older Permits in public utility easement. Alarm Monitoring / Reports of monitoring fire Destroy records dated December Test Results Reports alarms, security alarms and 31, 2012 and older sprinkler tests for all relevant City-owned facilities including annual fire alarm testing, annual backflow testing, quarterl RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 18 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 19 OF 30 sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Area of Impact Records related to analysis of Destroy records dated December Records expansion of Public Works 31, 1992 and older services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Budget Preparation Work documents utilized to build Destroy records dated December Records base budgets and establish yearly 31, 2007 and older budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Committee Records Agendas and meeting minutes for Destroy records dated December special groups convened by 31, 2012 and older Public Works such as City Services Focus Group, Construction Best Management Practices Sub -Committee, Ener Confined Space Entry A written authorization prepared Destroy records dated December Permit prior to employee entry into a 31, 2012 and older Permit Required Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Punch New projects inspection report Destroy records dated December Lists on City and Development 31, 2012 and older projects noting repairs that need made. Construction Samples Bacteria sample results taken for Destroy records dated December water line/well construction. 31, 2012 and older Correspondence, Correspondence created or Destroy records dated December Administrative received in the course of 31, 2012 and older administering City policies, procedures, or programs. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 19 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 20 OF 30 Department reports, performance Destroy records dated December Departmental Reports management presentations. Emergency plan records for City 31, 2007 and older Destroy records dated December Emergency Master Plans Hall, Emergency Management, 31, 2007 and older and Continuity of Operations. Engineering Capital & Destroy records dated December Engineering Capital and Enhancement Plan Enhancement Plan (ECEP) — 5 31, 2007 and older (ECEP) Reports year Capital Improvement Plan Reports. Awards presented to citizens and Destroy records dated December Environmental Awards Records businesses in recognition of 31, 2012 and older environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Records documenting the Destroy records dated December Equipment Maintenance & maintenance and calibration of 31, 2011 and older Calibration Records equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related Events, Public Works information. Records related to planning Destroy records dated December Public Works internal and 31, 2012 and older Fire Flow Reports external events. Actual fire flow data taken from Destroy records dated December a particular fire hydrant. 31, 1942 and older Requests Requests from customers for fire Destroy records dated December 7Fireow flow and responses from 31, 1942 and older Engineering staff based on Leak Letters computer modeling. Letters that were mailed to Destroy records dated December customer informing customer of 31, 2012 and older a possible leak are attached to the service order for leak check. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 20 OF 30 Meeting Minutes Internal meeting agendas, Destroy records dated December minutes, sign -in sheets 31, 2012 and older Meter Warranty A report on meter warranty. Destroy records dated December 31, 1992 and older Report Photos, Building Photos relating to repair and Destroy records dated December Maintenance replacement of City -owned 31, 2015 and older OR December equipment, material, and 31, 2007 facilities. Presentations Departmental presentations. Destroy records dated December 31, 2007 and older Pretreatment Awards Awards presented to businesses Destroy records dated December Records in recognition of Best 31, 2012 and older Management Practices (BMP) contributions to the Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Radio Licensing Licensing spreadsheets for Destroy records dated December SCADA radios, base station and 31, 2007 and older vehicle two/way radios. Rate / Fee Records Records related to establishing Destroy records dated December utility rates and fees, including 31, 2007 and older calculations, research and recommendations. Safety / Health and Safety and health documents Destroy records dated December Testing including but not limited to 31, 1942 and older training, auditory testing records, respirator fit test information. Safety Inspections Inspections / Reports for Gas Destroy records dated December Monitors, Crane, Fall Protection, 31, 1987 and older and Fire Inspection. Safety Meeting Agenda Topics covered and sign-up sheet Destroy records dated December / Signup Sheets for employees who attended the 31, 2012 and older meetings. Service Orders Records including requests from Destroy records dated December customer, Utility Billing, or 31, 2012 and older Water Division to perform work or get a read at an address as well as historical logs showing service order number. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 21 OF 30 Sewer Maintenance Records documenting the Destroy records dated December and Repair Records maintenance and repair of City 31, 2015 and older OR December sewers. May include summaries, 31, 2012 reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Sewer Modeling Requests from customers to run Destroy records dated December Requests sewer model for capacity and 31, 1942 and older sizing and response from Engineering staff based on computer modeling. Sewer Smoke Test Records documenting smoke Destroy records dated December Records tests undertaken to verify hookup 31, 2007 and older to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Reports documenting television Destroy records dated December Videoscan Inspection inspections used to locate 31, 2007 and older Records problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Special Projects Documents related to special or Destroy records dated December one-time projects to include, but 31, 2007 and older not limited to: Strategic Plans, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Spring flush notices Flush notices mailed to Destroy records dated December (Mailers) customers for spring flush of 31, 2012 and older waters stem / Maps. Studies Studies related to Public Works Destroy records dated December as provided by consultants. 31, 2007 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 22 of 30 Surveys Public Works initiated internal Destroy records dated December and external surveys and survey 31, 2012 and older results. Training Records documenting attendance Destroy records dated December and presentation by City 31, 2012 and older employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Turbidity Reports Logs used for entering wasted Destroy records dated December water flushed from the water 31, 1992 and older system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Valve Maintenance Records documenting the Destroy records dated December Records location, specifications, 31, 2016 and older OR December maintenance, and repair of valves 31, 2012 in the City sewer system. Includes lists, charts, drawings, reports, logs, and related records, valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Water meter reports including: Destroy records dated December Water Meter Reports NC list, billing status report, 31, 2012 and older autoread master route report, billing pre -scan report, re -reads, and water meter testing results. Water Quality Any mailed correspondence with Destroy records dated December Correspondence labs, customers, regulators 31, 2002 and older concerning sampling. Water Quality Master Records documenting water Destroy records dated December Log I quality calls from customers. 31, 1992 and older RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 23 OF 30 Temporary Kecoras Record Description Years City Clerk's Office Election — Election ballots, including voted Destroy records dated December 31, General/Regular ballots, unused ballots, spoiled 2015 and older (Working Files) ballots, ballot stubs, absentee voting, and duplicate poll books Public Records Written public records requests, Destroy records dated December 31, Requests city denials of public records 2016 and older requests, responses, etc. Community Development Department Committee/Ad-Hoc Agendas and meeting Destroy records dated December Team Records minutes/notes for special groups 31, 2015 and older convened by Community Development for specific purposes such as understanding operational gaps, Code issues, and rocess delays. Department Departmental records created or Destroy Records dated December Guidelines, Policies, received in the course of 31, 2015 and older Procedures, Processes administering departmental and Reports policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, program, discussions, or decisions. Including, but not limited to: citizen response letters. Finance Special Documents related to special or Destroy records dated December Projects/Initiatives non -confidential one-time 31, 2015 and older projects Fire Department Public Record Public records requests and Destroy records dated Requests responses. December 31, 2015 and older. RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 24 OF 30 Ride -Along Forms Signed waivers for persons Destroy records dated requesting a ride -along with the December 31, 2015 and department. Ride Along tracking older. records. Narcotics Inventory & Narcotic inventory and usage- Destroy records dated Usage hard copy, narcotics distributed December 31, 2014 and to the engine companies. older. Human Resources Employment Document to the U.S. Destroy termed employees records Verification Immigration and Naturalization dated December 31, 2016 and older (1-9) of Job Applicants Service that an applicant or employee is eligible to work in the U.S. Information includes: employee information and verification data such as citizenship or alien status and signature, employer review and verification data such as documents, which establish identity and eligibility, and employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Recruitment and Documents regarding the Destroy records dated December Selection Records for recruitment and selection of city 31, 2015 and older Applicants who are employees and contracted Hired service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 25 of 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 26 of 30 staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Recruitment and Documents regarding the Destroy records dated December Selection Records for recruitment and selection of city 31, 2015 and older Applicants who are Not employees and contracted Hired service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Collective Bargaining Records documenting Destroy records dated December negotiations between the city and 31, 2014 and older employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 26 of 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 27 OF 30 cost analyses, minutes, tape recordings, etc. Kinds and Levels Chart Records documenting the Destroy records dated December description, classification and 31, 2014 and older compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Leave Applications Applications or requests Destroy records dated December submitted by city employees for 31, 2014 and older compensatory, family and medical leave, long term leave and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Position Descriptions Records documenting the Destroy records dated December description, classification and 31, 2014 and older compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Payroll Unemployment Records documenting claims Destroy records dated December Claims submitted by former city 31, 2014 and older employees for unemployment compensation. Usually includes: claims, notices, reports, and related records. Mav also include RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 27 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 28 OF 30 records generated by the appeal of claim determinations. These are received by HR and kept in HR. Information Technology IT Updates to Directors Updated project lists and Destroy records dates December associated priorities provided to 31, 2015 and older Directors at Director meetings. Mayor's Office Videos Videos prepared weekly for Destroy records dated December informational or promotional 31, 2015 and older purposes, e.g., City Council meetings, This Week in Meridian. Parks and Recreation Facility Permits Permits and materials including, Destroy records dated December but not limited to: completed 31, 2015 and older Park Alcohol and Amplified Sound Permits related to individual's or organization's ark picnic shelter reservation. Short-term concessions permits Destroy records dated December and related materials from 31, 2015 and older vendors. Facility Reservation Completed forms and related Destroy records dated December Application and materials collected from 31, 2015 and older Materials individuals or businesses registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Collected Certificates of Destroy records dated December Liability Insurance from 31, 2015 and older individuals or vendors. Financial Aid Completed application forms and Destroy records dated December Applications materials submitted to request 31, 2015 and older financial assistance for children's class or program (e.g., Care Enough to Share). Incident or Accident Citizen reports of incidents, Destroy records dated December Reports injuries, or accidents incurred 31, 2015 and older during or related to a department - RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 28 OF 30 RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 29 OF 30 sponsored or department - provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity Destroy records dated December Medical Release agreement related to individual's 31, 2015 and older Forms, Waivers or organization's participation in department -sponsored or department -provided class, camp, program, reservation, activity, transportation, or travel. Recreation Activity Log sheets completed by parents Destroy records dated December Sign In/Sign Out Sheets to signify that minor has been 31, 2015 and older dropped off or picked up from a department -sponsored or department -provided class, camp, program, or activity. Log sheets completed by Destroy records dated December participant confirming they have 31, 2015 and older attended a class or activity. Sports Schedules and Record of games played and final Destroy records dated December Scores scores. 31, 2015 and older Team Rosters Record of all individuals Destroy records dated December registered for a sports team. 31, 2015 and older Public Works Backflow $10 Credit Electronic report for customers Destroy records dated December Log who have their backflow tests 31, 2014 and older completed by their City - mandated annual due date. Backflow Tests Backflow assemblies test report. Destroy records dated December 31, 2014 and older Correspondence, Engineering transmittals (not Destroy records dated December Engineering project -related), serviceability 31, 2014 and older letters, Letters of Interest Customer Complaints Complaint letters, notes on phone Destroy records dated December calls and in person complaints 31, 2014 and older from customers/citizens. Daily Chlorine Field notes from Chlorine Destroy records dated December Residuals residuals taken from various 31, 2014 and older sample ports in the City water system. Maintenance Request Records documenting requests Destroy records dated December Record and responses thereto concerning 31, 2015 and older a varietv of maintenance RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 29 OF 30 Section 2. That the City Cleric is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. [�6yv&O ADOPTED by the City Council of the City of Meridian, Idaho, this j 5 day of �4ary, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this � ay of Ja0ary, 2018. F�6t�-U APPROVED: B Mayor TaT y e Weerd ATTEST: 3 L/ v C.J y Col�,City Clerk m RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 30 OF 30 rhe responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City -owned buildings and equipment, and water and sewer system problems. Preventative Preventative maintenance Destroy records dated December Maintenance Work schedules, work orders. 31, 2014 and older Plans Safety Audits Health and Safety Audits. Destroy records dated December 31, 2014 and older Section 2. That the City Cleric is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. [�6yv&O ADOPTED by the City Council of the City of Meridian, Idaho, this j 5 day of �4ary, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this � ay of Ja0ary, 2018. F�6t�-U APPROVED: B Mayor TaT y e Weerd ATTEST: 3 L/ v C.J y Col�,City Clerk m RESOLUTION AUTHORIZING 2018 LIST OF CITY-WIDE RECORDS FOR DESTRUCTION PAGE 30 OF 30 rhe City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: y L Project/File Number: Item Title: Award of Bid and Approval of Agreement to Asphalt Driveways & Patching for the "LEMP-LARKWOOD PATHWAY" project for a Not -To -Exceed amount of $58,200.00 Meetina Notes Of Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Kim Warren Date: 02/06/2018 Re: February 131 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 131 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Asphalt Driveways & Patching for the "LEMP LARKWOOD PATHWAY" project for a Not -To -Exceed amount of $58,200.00. Recommended Council Action: Award of Bid and Approval of Agreement to Asphalt Driveways & Patching for the Not -To -Exceed amount of $58,200.00. Thank you for your consideration. • Page 1 CONTRACT CHECKLIST I, PROJECT INFORMATION Date: 1/24/2018 REQUESTING DEPARTMENT PARKS Project Name: LEMP-LARKWOOD PATHWAY Project Manager: Kim Warren Contract Amount: $58,200 Contractor/Consultant/Design Engineer: The Land Group Is this a change order? Yes ❑ No Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available (Purchasing attach report): Department 5200 Yes 0 No ❑ Construction ❑� GL Account 93401 FY Budget: 18 Task Order ❑ Project Number: 10664.A Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑ No Ll Date MSA Roster Approved: N/A Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: N/A Date Award Posted: 1/24/2018 7 day protest period ends: January 31, 2018 VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License 24626 Expiration Date: 1/31/2018 Corporation Status Existing Insurance Certificates Received (Date): 2/6/2018 Expiration Date: 2/22/2019 Rating: A Payment and Performance Bonds Received (Date): 2/6/2018 Rating: A Builders Risk Ins. Req'd: Yes ❑ No 0 If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: N/A N/A Enter supervisor Name Date Approve VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: February 6, 2018 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5242016.Final C) Cl) N 00 T N W �t Q O 0 O 0 O 0 O 0 I� 0 O 0 O 0 N H Q N 'q O p a 6 O 6 O O Q r LO O O cfl � m o W J � 0.. CO- 00 , W O CA O N_ N r- Lr) W (fl d W m EH El} Z Efi Z El} Hi m N 0 O 0 O 0 O 0 O 0 I� 0 O 0 O 0 N N 'q O p O O 6 O 6 O 0 N O to r LO O O N O Er O EV O CO- I-- , O CA O N_ N r- Lr) (A O (fl d LO M Lrj O EH El} El} Efi Eli El} X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X xlxl I X X X X X X X X X s= U d 0 O M (0 o U .C) � c OU a o O U >s= >O WoU)W cu � co a) o .0 mQo30(D m U) a� CONTRACT FOR PUBLIC WORKS CONSTRUCTION LEMP-LARKWOOD PATHWAY PROJECT # 10644.A THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6th day of February, 2018, 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 Asphalt Driveways and Patchin , hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 702, Nampa ID 836563 and whose Public Works Contractor License # is 024626-C-4. INTRODUCTION Whereas, the City has a need for services involving pathway construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor LEMP-LARKWOOD PATHWAY page 1 of 13 Project 10644.A 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 $58,200.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. LEMP-LARKWOOD PATHWAY page 2 of 13 Project 10644.A 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 85 (eighty five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 95 (ninety five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion, 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 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 LEMP-LARKWOOD PATHWAY page 3 of 13 Project 10644.A 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. 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 LEMP-LARKWOOD PATHWAY page 4 of 13 Project 10644.A all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. LEMP-LARKWOOD PATHWAY page 5 of 13 Project 10644.A 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 with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. LEMP-LARKWOOD PATHWAY page 6 of 13 Project 10644.A 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.meridiaricity.org/environmental.aspx?idI Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. LEMP-LARKWOOD PATHWAY page 7 of 13 Project 10644.A 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this 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 LEMP-LARKWOOD PATHWAY page 8 of 13 Project 10644.A 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. LEMP-LARKWOOD PATHWAY page 9 of 13 Project 10644.A 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 Asphalt Driveways and Patching Purchasing Manager Attn: Brandon Miller 33 E Broadway Ave P.O. Box 702 Meridian, ID 83642 Nampa, ID 83653 208-489-0417 Phone: 208-467-5368 Email: asphaltdrivewayCa)cableone.net Idaho Public Works License # 024626-C-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ASPHALT DRIVEWAYS AND PATCHING BY: BY: {.3VAv I "-lul TAMMY de W ERD, MAYOR BRANDON MILLER, OWNER Dated: ?-/ /3/ X LEMP-LARKWOOD PATHWAY Project 10644.A Dated: J / 0 i IN page 10 of 13 Approved by Council: ?/ 13 1,;bd Attest: C.JAY OLES, VTY CLERK Purchasing Approval BY: KEITH TS, Purchasin anager Dated:: 2,1 Project Manager Kim Warren LEMP-LARKWOOD PATHWAY Project 10644.A O�POED AUG vsT w of \I �Zm SEAL Departme t Approval BY: 2 I� STEVE SID DOWAY, Parke(& Rec Director Dated:: page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1819-10644.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-1819-10644.A, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS — Lemp Larkwood Pathway BY The Land Group 12/23/2017 (10 of pages) LEMP-LARKWOOD PATHWAY page 12 of 13 Project 10644.A Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $58,200.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 85 Days from Notice to Proceed Milestone 2 Final Completion 95 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the LEMP-LARKWOOD PATHWAY project per IFB PKS-1819-10644.A NOT TO EXCEED CONTRACT TOTAL ....................... $58,200 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description _ Quantity Unit Unit Price 1 CLEARING, GRADING, BASE PREPARATION i LS $35,500.00 2 ASPHALT PAVING i LS $14,200.00 3 IRRIGATION LATERAL PIPING- STRUCTURE MODIFICATIONS _ 1 LS $8,500.00 LEMP-LARKWOOD PATHWAY page 13 of 13 Project 10644.A cc .y T O CA C. 3 O 8 i a cc a J o � o CL T e CD ..1ppaiy uelmlow ;o An Aumq}ed pooMAel-dwal A ;aayS dano3 19 V 6 d Z g3w4< otl �x 3$s e g o s¢ a �W= a 3 �e a <<E g a o ?-l'-.1 i b i3 `LLuw e a€F �+ oda k s- gg` o= J i xgS= s „ s=Ry ew 0= 2y 0 aim, g€ ¢g¢sag ms w =95 iia qg 9 1 x€3 5 gig 332Z 11 u; s@ a9Lt !MBMW s`eRma< 2 1sW6< 9w€�Oo0sg1 M! R9 MPH 1-1 `g Els �Qa z¢e`sgog g9m:t3 �R8 s3�� goo .s ..,ffim zs , `.3€r93 F -i€ H9 $ wog -Ht Bogs m�S� BS iUS gff�ge m j3" 9FR ogR4��s g�1s €a€s s� ="awg �gsa =3 ON— s=oz W- el wig =d„ `__ y €� e- e�`eg 2 H! aa`�W RE!-SEg Rag 1.�5 `���r, x3€ a31v.. 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W olin HNI is m9�p��� �tl y t �a99R�� I, I I'n I II � I (il I i�il II I RI � IJI (L I I � I I SUK � X i IO L 3s a � f a ,4 �)1 I I\r ill \♦ \� H UP Ilii 1 t i IZ I;!ir I ! a� I � I I SUK � 3s g 8 I H UP as x Odin I RE �I p I xvs City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4D Project/File Number: Item Title: Approval of Award of Bid and Agreement to COONSE WELL DRILLING & PUMP CO., INC. for the BORUP PROPERTY WELL project for a Not -To -Exceed amount of $92,877.25. Meeting Notes CONTRACT CHECKLIST I, PROJECT INFORMATION Date: 2/6/2018 REQUESTING DEPARTMENT Parks Project Name: Storey Park Well Pump Project Manager: Mike Barton Contract Amount: Contractor/Consultant/Design Engineer: Consultant - SPF Water Engineers Is this a change order? Yes ❑ No ❑✓ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 7 Budget Available (Purchasing attach report): Department 5200 Yes 0 No ❑ Construction GL Account 93415 FY Budget: FY18 Task Order ❑ Project Number: 10768.a Enhancement: Yes ❑ No Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No 0 Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: N/A Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes ❑ No ❑ If yes, has policy been purchased? ,only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Steve Siddoway 2/6/2018 Enter Supervisor Name Date Approve VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.201611nal City of Meridian Purchasing Dept. Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Mike Barton, PM; Keith Watts, Purchasing Manager Date: 02/07/2018 Re: February 13th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13' City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to COONSE WELL DRILLING & PUMP CO INC for the BORUP PROPERTY WELL project for a Not -To -Exceed amount of $92,877.25. Recommended Council Action: Award of Bid and Approval of Agreement to COONSE WELL DRILLING 8, PUMP CO., INC. for the Not -To -Exceed amount of $92,877.25 and authorize Purchasing Manager to sign Purchase Order for the Not -to -Exceed amount of $92,877.25. Thank you for your consideration. • Page 1 z Q LU W Z w LL U N O W ca Q O p m v a m M N O O O O O O O O O O O O O O O O O O O O O O O O Ln N M M O O O O O O d O N O O Cc O co) O O O O O lD O00 O p^ p C N t0 W O O LD -- m Ln ul m W LQ Ol m N M N r1 C M M •-i M p m Vr N M N O O O O O O O O O O O O O O O O O O O O O O O O CO + U ('/) M O O M w O O N u1 lD M In N O Ln O M M N O O0 O N O co T O li N r14 M N U 7 d M V} V} La V} V? l? V} l? VF LT VT V? VT J0 O O O O O O O O O O O O O O O O O O O O O O O O O O J O O O O O O O O O lD O O O O O N O O O O O O O O O O pp Y O N O O lD N O N W LD lD lD M O D) rj N Ql M N N N c-1 Ql = F N ti N V} V? VT VT VT V} N O O O O O O O O O O O O O O O O O O O O O O O O O O C O O O O O V O W m O N O V1 O O O O O O (p O C !� O O O N N O O M M LD J: d N N N CU C LT t/} LT VT V} LT t/} VT VT VT VT V! Va VF V} V? V? V? V} Vi V} VT VT VT VT V? 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P O BOX 366 MIDDLETON, ID 83644 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 05 Jun 2008 State of Origin: IDAHO Date of 08 Mar 2000 Origination/Authorization: Current Registered Agent: GARY E COONSE 15851 GUNFIRE RD CALDWELL, ID 83607 Organizational ID / Filing C132919 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 23 Jan 2018 Annual Report Due: Mar 2019 Original Filing: Filed 08 Mar 2000 INCORPORATION Annual Reports: Report for year 2018 ANNUAL REPORT Report for year 2017 ANNUAL REPORT Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT [ Hep Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Report for year 2007 https://www.accessidalio.org/public/sos/corp/Cl 32919.htm1 1/31/2018 IDSOS Viewing Business Entity ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Page Page 2 of 2 View Image (PDF format) View Image .(TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image ,(TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo sos.idaho.gov https://www.accessidaho.org/public/sos/coi-p/Cl 32919.html 1/31/2018 Phone: (208)489-0417 1 ® A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 02/0112018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LCC Holdings, Inc. dba: Insurance Solutions 1000 W. Sanetta St Nampa, ID 83651 CONTACT NAME: Sarah Brewer PHONE 208 318-0057 FAX No : (208 318-0059 IAIC,�Lo, Etw• nooRESS: Sarah@insurancesolutionscompany.com INSURERS AFFORDING COVERAGE NAIC # __ INSURER A: Travelers -The Phoenix Insurance Company 25623 INSURED Coonse Well Drilling & Pump Co., Inc. PO Box 366 Middleton, ID 83644-0366 INSURERS: Travelers -casualty Insurance Co of America 19046 INSURER C: The Travelers Indemnity Company 25658 INSURER D: Idaho State insurance Fund INSURERS: INSURER F: rnVrPACGc CERTIFICATE NUMBER- 00000000-0 REVISION NUMBER: 111 v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'NSR I LT TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE41 OCCUR Y Y 680OK190513 12/07/2017 12107/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED P RE' Es occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY LX 1 JE [:]LOC 5 OTHER: B AUTOMOBILE LIABILITY Y Y BAOK194087 12/07/2017 12/07/2018 ND Eaac identSINGLELIMI7 $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) 5 OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S Per accident 5 `` X UMBRELLALIA13 EXCESS LIAB I X OCCUR CLAIMS -MADE Y Y CUP31<637032 12/07/2017 12/07/2018 EACH OCCURRENCE S 1,000,000 AGGREGATE 5 1,000,000 TIED I �( RETENTIONS SOOO S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, de'c"a under DESCRIPTION OF OPERATIONS below N/A 539123 04/01/2017 04/01/2018 X STATUTE I ERH E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE • EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The Certificate Holder is Additional Insured with regards to liability arising out of actions of the Named Insured per the attached Endorsements CG D1 86, CG M1 06 and CG DO 37. This insurance is Primary & Non -Contributory. Workers Comp: Excluded: Gary Coonse l COTICIt'ATc unl nGo CANCELLATION \,__L Bt5-A LL%A ;UKU UUKYUKA I IVN. NII rlgrRS ruburvuu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by SKB on February 01, 2018 at 05:0,,3//PM rr ('l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian Purchasing Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave Meridian, ID 83642 AU SKB \,__L Bt5-A LL%A ;UKU UUKYUKA I IVN. NII rlgrRS ruburvuu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by SKB on February 01, 2018 at 05:0,,3//PM rr ('l COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Damage To Premises Rented To You Extension • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured— Managers or Lessors of Premises E. Blanket Additional Insured — Lessor of leased Equipment F. Incidental Medical Malpractice G. Personal Injury — Assumed by Contract H. Extension of Coverage — Bodily Injury PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. I. Injury to Co -Employees and Co -Volunteer Workers J. Aircraft Chartered with Crew K. Non -Owned Watercraft — Increased from 25 feet to 50 feet L. Increased Supplementary Payments • Cost for bail bonds increased to $2,500 • Loss of earnings increased to $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintentional Omission 0. Reasonable Force— Bodily Injury or Property Damage B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). 2. This insurance does not apply to damage to premises while rented to you, or temporarily CG D1 8611 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section (— Coverages) is excluded by endorsement. C. BLANKET WAIVER OFSUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any 'occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any 'occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "In- cidental Medical Malpractice Injury". 2. The following definition is added to DEFINI- TIONS (Section V): COMMERCIAL GENERAL LIABILITY for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applica- ble limits of insurance, any act or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person, will be considered one "occurrence". 6. "Incidental medical malpractice injury" means 7. bodily injury, mental anguish, sickness or dis- ease sustained by a person, including death resulting from any of these at any time, aris- ing out of the rendering of, or failure to ren- der, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid. d. "Good Samaritan services". As used in this Provision F., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. The insurance provided by this Provision F. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. G. PERSONAL INJURY -- ASSUMED BY CON- TRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of COVERAGE B. PER- SONAL AND ADVERTISING INJURY LIABIL- ITY (Section I — Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Contractual Liability "Advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 8611 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the absence of the contract of agreement. 2. Subparagraph f. of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third party or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. I. INJURY TO CO -EMPLOYEES AND CO - VOLUNTEER WORKERS 1. Your "employees" are insureds with respect to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of WHO IS AN INSURED (Section II) do not apply to "bodily injury" for which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): (This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON -OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a water- craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 2. In Part d. the amount we will pay for loss of earnings is increased to $500 a day. M. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable af- ter knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section II — Who Is An In- sured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have such knowledge, 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within COMMERCIAL GENERAL LIABILITY which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" which causes "bodily injury" or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. O. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect persons or property. CG D1 8611 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-OK190513-17-42 ISSUE.DATE: 12/13/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S) - GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $ 2, 000, 000 Designated Project(s): Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit; provided that, the contract is signed and executed prior to any loss for which coverage is sought. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The Total General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all: 1. Medical Expenses under COVERAGE C (SECTION 1); 2. Damages under COVERAGE A (SECTION 1), except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and 3. Damages under COVERAGE B (SECTION 1) regardless of the number of: a. Insureds; b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits": or d. Designated "projects" in the SCHEDULE above. for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "project' shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. Subject to the Total General Aggregate Limit stated in the Schedule above, the Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; B. For all sums which the insured becomes legally b. Claims made or "suits" brought; or obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and CG M1 06 06 06 © 2005 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce both the Total General Aggregate Limit stated in the Sched- ule above, and the Designated Project Gen- eral Aggregate Limit for that designated "pro- ject". Such payments shall not reduce the General Aggregate Limit shown in the Decla- rations nor shall they reduce any other Des- ignated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to ap- ply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to both the Total General Aggregate Limit stated in the Schedule above, and the applicable Desig- nated Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit, or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. As respects this Provision C., the limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Ex- pense continue to apply. D. Part 2. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the fol- lowing: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE B; and b. Damages from 'occurrences" under COVERAGE A (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. E. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the Total General Aggregate Limit stated in the Schedule above, the General Aggregate Limit, or the Designated Project General Aggregate Limit. F. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". G. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 0 2005 The Travelers Companies, Inc. CG M1 06 06 06 PublieWorks Search A Print Page 1 of 1 https://web.dbs.idalio.gov/etrakit3/Custom/Idaho_PublieWorksPrint.aspx 1/31/2018 Parent Coronally License Work License License Applicant Owner Company Company Company Company Phone Expiration License Name Number Category Type Class Status Name Name Address C� State ZZi Code Date Number Coonse Well Drilling & 02520, PWC -C- 11001' 4 B Coonse Well Drilling &454- ACTIVE PO BOX 366 MIDDLETON ID 834 (208) 1/31!2019 Pump Co., 15027 16800 Pump Co., Inc. 0190 Inc. https://web.dbs.idalio.gov/etrakit3/Custom/Idaho_PublieWorksPrint.aspx 1/31/2018 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71996723 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Sarah Brewer its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Coonse Well Drilling & Pump Co. Inc Obligee: City of Meridian Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 71996723 is not issued on or before midnight of Ju 1 y 31, 2018 all authority conferred in this Power of Attorney shall expire and terminate, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its Lthis 5th day of February 2018 5-1 WEST R �SURE.T.J COMPANY S _ ¢ 'S �A Paul T. rvflat, Vice President ss COLTt'#~ `r�tttfFFf6Ei46R`. On this 5 th day of February in the year 2018 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. i J. MOHR NOTARY PUBLICa Notary Public - South Dakota i SOUTH DAKOTA SEAL i �'bbbbbbby�7b�0!0�9b�o64ti4�o4N4 My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5 th day of February 2018 WEST R / S UR E COMPANY Paul T. fruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017 OD% Western Surety Company PERFORMANCE BOND Bond Number: 71996723 KNOW ALL PERSONS BY THESE PRESENTS, That we Coonse Well Drilling & Pump Co. Inc of 15851 Gunfire Rd., Caldwell, ID 83607 referred to as the Principal, and Western Surety Company , hereinafter as Surety, are held and firmly bound unto City of Meridian Purchasing Department, 33 E. Broadway Avenue, Suite 106, Meridian, ID of 83642 , hereinafter Ninety -Two Thousand Eight Hundred Seventy -Seven and referred to as the Obligee, in the sum of 25/100 Dollars ($ 92, B77.25 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. t� WHEREAS, Principal has entered into a contract with Obligee, dated the V qday of Z6 kc::� , for Roruip Property Wel 1 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 5th day of February , 2018 . Coonse Well Drilling & Pump Co. Inc (Principal) By ��f�!`— (Seal) Western Surety Company ,--` (Surety) By �ORPORArE Sar Br er Attor� SEAL Form F4597 r' �, i. Western Surety Company PAYMENT BOND Bond Number: 71996723 KNOW ALL PERSONS BY THESE PRESENTS, That we Coonse Wel l Drillinq & Pump Co. Inc of 15851 Gunfire Rd., Caldwell, ID 83607 , hereinafter referred to as the Principal, and _ Western Surety Company as Surety, are held and firmly bound unto City of Meridian Purchasing Department, 33 E. Broadway Avenue, Suite 106, Meridian, ID Of 83642 , hereinafter Ninety -Two Thousand Eight Hundred Seventy -Seven and referred to as the Obligee, in the sum of 25/100 Dollars ($ 92, 877.25 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated- day of 2-0149, for Borup Property Well copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 5th day of February , 2018 Coonse Well Drillinq & Pump Co Inc (Seal) Sure t'y,G=Dan By 1 CORPORgrF Sarah B er Attorr SEAL, E;: CONTRACT FOR PUBLIC WORKS CONSTRUCTION BORUP PROPERTY WELL PROJECT # 10104.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of February , 2018, 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 Coonse Well Drilling & Pump Co., Inc. , hereinafter referred to as "CONTRACTOR", whose business address is 15851 Gunfire Rd. Caldwell, 1D 83607 and whose Public Works Contractor License # is C -15027.B-4. INTRODUCTION Whereas, the City has a need for services involving BORUP PROPERTY WELL; 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 pirposes 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, BORUP PROPEF—v WR I. page 1 of 13 Project 10104.8 �� 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 92 877.25. 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. BORUP PROPERTY WELL page 2 of 13 Project 10104.B 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 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. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in 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. BORUP PROPERTY WELL page 3 of 13 Project 10104.B 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901. 7. 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. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow; General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and BORUP PROPERTY WELL page 4 of 13 Project 10104.6 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. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 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. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 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. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 9. 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. BORUP PROPERTY WELL page 5 of 13 Project 10104.E 10. 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 with a Best's rating of no less than A-. 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. 11. 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. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. 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. 14. 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.or.q/environmental.aspx?id=1361 8.. BORUP PROPERTY WELL page 6 of 13 Project 10104.B 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. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and wi!I 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. 16. Reports and Information: 16.1 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. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. 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. 18. 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. BORUP PROPERTY WELL page 7 of 13 Project 10104.B 19. 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 riot 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. 20. 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. 21. Advice of Attorney: Each parry warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. 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. 23. 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. 24. 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. BORUP PROPERTY WELL page 8 of 13 Project 10104.13 25. 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. 26. 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. 27. 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. 28. 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. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. 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. 31. 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. BORUP PROPERTY WELL page 9 of 13 Project 10104.8 32. 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 COONSE WELL DRILLING & PUMP CO., INC. Purchasing Manager Attn: Beverly Coonse 33 E Broadway Ave 15851 Gunfire Rd, Meridian, ID 83642 Caldwell, ID 83607 208-489-0417 Phone: 208-454-0'190 Email: bevcoonse@gmail.com Idaho Public Works License #C -15027-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY. TAM Y de W AYOR Dated: 0 ' 3/ �1y Approved by Council: Attest: C.JAY COLES, C y Clerk BORUP PROPERTY WELL Project 101043 v! COONSE WELL DRILLING & PUMP CO., INC. L' Dated �p,TEOA'J L ("-r City of w E IDIAN!*.- IDAHO IJ SEAL ,-,) page 10 of 13 Purchasing Approval BY: KEIT, AT /S, Ourchasing Manager Dated:: J w / Project Manager Mike Barton BORUP PROPERTY WELL Project 10104.8 Departmgnt Approval BY: STEVE SI DOWAY, Parks & Rec Director Dated:: °6V K' page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1814-10104.13 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-1814-10104.6, are by this reference made a part hereof. SPECIFICATIONS I SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans — Borup / Bottles Park Irrigation Well by SPF Water Engineering dated November 2017 (26 pages) Special Provisions and/or Technical Specifications by SPF Water Engineering dated 02-11-2016 (25 pages) BORUP PROPERTY WELL page 12 of 13 Project 10104.B Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $92,877.25. BORUP PROPERTY WELL page 13 of 13 Project 10104.13 MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days from Notice to Proceed Milestone 2 Final Completion 140 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the BORUP PROPERTY WELL per IFB PKS-1814-10104.13 NOT TO EXCEED CONTRACT TOTAL ....................... $92.877.25 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. 77777 Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Pump System Complete 1 LS $39,853.25 2 Mobilization and Demobilization 1 LS $4,000.00 3 Drill borehole 200 LF $13,000.00 4 Geophysical Logging 1 LS $2,500.00 5 Furnish and install 10" steel well casing 22 LF $1,144.00 6 Furnish and install 10" PVC well casing 120 LF $4,320.00 7 Furnish and install 10" well screen 60 LF $13,500.00 8 Furnish and install sand filter pack 90 LF $4,500.00 9 Furnish and install annular well seal 110 LF $3,300.00 10 Well develo ment 8 P/Hr. $1,800.00 11 Furnish, install, and remove test pump 1 LS $3,500.00 12 Test pumping 8 P/Hr. $960.00 13 Rig time 2 P/Hr. $500.00 BORUP PROPERTY WELL page 13 of 13 Project 10104.13 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4E Project/File Number: Item Title: Lease Agreement with the Turf Company and the City of Meridian Regarding Approximately 40 Acres at the South Meridian Regional Park Meetina Notes LEASE AGREEMENT WITH THE TURF COMPANY This LEASE AGREEMENT WITH THE TURF COMPANY is made and entered into this 13 day of February, 2018 ("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 Turf Company, LLC, a limited liability company organized under the laws of the State of Idaho, doing business as The Turf Company (hereinafter "Lessee"). WHEREAS, as depicted on Exhibit A hereto, the City owns real property located on Lake Hazel Road, Ada County, Idaho, identified as Parcel no. S 1405212410, approximately forty (40) acres of which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Lessee; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and City agree as follows: I. Lease granted. City, for and in consideration of the rents, covenants, conditions and agreements hereinafter contained and agreed to be paid, kept and performed by Lessee, does hereby lease and demise Lease Premises to Lessee. II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to farming operations, and sporting events held in compliance with any and all applicable laws, ordinances, and permitting requirements. "Farming operations" shall include crop farming and pasturing cattle and/or horses. Lessee's use and occupancy shall not include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Lessee shall not use or permit the use of the premises for any other purpose other than farming operations without the express written consent of the City. III. Term of lease. The term of this lease shall be deemed to have commenced on the Effective Date and the initial term shall terminate at 11:59 p.m. on December 31, 2018, unless earlier terminated by either Party by the method established herein. This lease shall automatically be renewed from year to year thereafter unless written notice of LEASE AGREEMENT WITH THE TURF COMPANY PAGE 1 OF 9 termination is given by either party to the other at least thirty (30) days before the expiration of the initial lease term or any renewal thereof. IV. Rental payment. Lessee shall pay to City a total annual lease payment of ten thousand dollars ($10,000) for the entire Lease Premises. The annual rent shall be due in full by February 1 of each year. Unless either party, between November 15 and December 31, provides to the other written notification of its desire to renegotiate the rental amount for the following year, the rate set forth herein shall apply. If the parties agree upon a rate differing from that set forth herein, such agreement shall be adopted via written addendum to this Agreement. If neither party notifies the other of a desire to renegotiate, upon renewal of the lease term, the most recently agreed-upon rate shall apply. V. Rights and responsibilities of Lessee. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, Lessee shall be responsible for each and all of the following. A. Farming operations. Lessee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops and maintaining livestock on Lease Premises. Lessee shall be entitled to keep the proceeds, if any, of the crop(s) planted and harvested by Lessee and livestock maintained by Lessee on Lease Premises. Lessee shall be solely responsible for any and all expenses incurred in the Lessee's planting, maintaining, harvesting, storage and transportation of crops and livestock removed from the Lease Premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. B. Weed and pest control. Lessee shall be responsible for weed, pest, insect, and vermin control on Lease Premises. C. Ditches and drains. Lessee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, all ditches, laterals and drains situated upon the Lease Premises in order that the maximum water benefit may be obtained and utilized. D. Alterations; waste. Lessee shall not make, or permit to be made, alterations on or to Lease Premises without first obtaining City's written consent. Any additions to, or alterations of, Lease Premises shall become at once a part of the real property and shall belong to City. Lessee shall not commit, permit nor suffer any damage to or waste upon the premises or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. E. Liens. Lessee shall keep Lease Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. Lessee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon Lease Premises or any improvements or fixtures thereon. Lessee hereby covenants to satisfy any such lien, judgment or encumbrance at Lessee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving LEASE AGREEMENT WITH THE TURF COMPANY PAGE 2 OF 9 any liens, claims, judgments or encumbrances cause or suffered by Lessee with respect to the premises or any part thereof. F. Equipment. Lessee shall provide and maintain all farming and irrigation equipment necessary for conducting Lessee's farming operation pursuant to this Lease. Any property and/or equipment purchased or used by the Lessee for the purpose of this lease shall remain the property of the Lessee. Such property and/or equipment may be stored at the Lease Premises for the term of this Agreement so long as such storage complies with all applicable laws, regulations, and policies. Lessee shall move or remove such property and/or equipment within twenty-four (24) hours of City's request to do so. Lessee shall be solely responsible for any personal property and equipment stored or used by Lessee upon the Lease Premises. G. Water use. Lessee shall file water use reports as required and/or requested by the irrigation district(s) serving the Lease Premises. City shall promptly authorize excess water delivery if requested by Lessee. Lessee shall pay any water use overage costs, if applicable. H. Utilities. The lease payment set forth herein shall include electricity, which shall be provided by City for operation of a pump on the Lease Premises. Lessee shall pay for any other utilities utilized or provided at Lease Premises. I. Chemicals; hazardous substances. Lessee shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Lease Premises without prior written notice to City. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. City has the Option of refusing to consent to such use, storage or disposal of toxic substances. Lessee's failure to comply with such a decision shall constitute a default by Lessee. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Lessee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Lessee shall also not cause or knowingly suffer any prohibited conduct as such term is defined by applicable Federal or State law upon the Lease Premises. Lessee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances placed or used on Lease Premises by Lessee. City hereby consents to Lessee's use of chemicals and fertilizers customarily used in crop farming operations in this area on the condition that such chemicals and fertilizers are used and stored properly and in accordance with law. City shall have the right to inspect Lease Premises to determine if Lessee is properly using, storing, and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in farming and ranching operations in this area, City disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. LEASE AGREEMENT WITH THE TURF COMPANY PAGE 3 OF 9 Good husbandry. Lessee will utilize the Lease Premises in a manner that will best conserve the integrity and long-term beneficial use of the Lease Premises. K. Acceptance as is. Lessee acknowledges that Lessee has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Lessee accept the Lease Premises "as is." L. Surrender of possession. Lessee agrees that upon termination or expiration of this Lease Agreement for any reason, Lessee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease and any renewal or extension thereof. M. Indemnification. Lessee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Lessee, to Lessee's personal property or equipment, and to Lessee's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Lessee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Lessee or by Lessee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Lessee, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. N. Liability insurance. Lessee shall maintain, and specifically agrees that Lessee will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of 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, Lessee 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. Lessee shall provide City with a certificate of insurance or other proof of insurance evidencing Lessee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Lessee shall immediately submit proof of compliance with the changed limits. LEASE AGREEMENT WITH THE TURF COMPANY PAGE 4 OF 9 O. Worker's compensation insurance. In the event Lessee hires any person to work on the Lease Premises, any and all workers shall be covered by worker's compensation insurance. In such event, Lessee shall provide to City a certificate of insurance. P. Crop insurance. Lessee may; at Lessee's option, maintain crop insurance for crops planted on Lease Premises. City shall not maintain crop insurance on Lessee's behalf. Q. Taxes. Lessee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. R. Quiet enjoyment. City hereby agrees that in consideration of Lessee's performance of the terms and conditions of this Agreement, Lessee may peaceably and quietly have and enjoy the Lease Premises for the duration of this Agreement. S. Permitting and regulation. Prior to scheduling or allowing any sporting event or related activity on the Lease Premises, Lessee shall obtain any and all required permits from the authority having jurisdiction for such event or activity, and shall provide copies of any and all permits to City upon issuance. Lessee shall comply in all respects with all permit requirements and any other applicable law, ordinance, regulation, policy, agreement, or MPR requirement as it relates to any sporting event or related activity held on the Lease Premises. VI. Rights and responsibilities of City. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, City shall be responsible for the following. A. Assessments; property taxes. City shall pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Lessee. Lessee shall reimburse City for any water use overage costs, if applicable. B. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the premises for the purposes of inspection for compliance with the terms of this Lease Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Lease Premises. VII. General provisions. A. No agency. It is further understood and agreed Lessee shall not be considered an agent of City in any manner or for any purpose whatsoever in Lessee's use and occupancy of the Lease Premises. B. Breach; cure; termination. If Lessee is in breach or default of any of the terms, covenants or conditions of this Agreement and Lessee fails or refuses to cure such LEASE AGREEMENT wiTH THE TURF COMPANY PAGE 5 OF 9 breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Lessee in and to Lease Premises, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Lessee's failure or refusal to cure as hereinbefore provided, City may, upon three (3) days notice, enter into and upon the premises, take possession thereof and expel Lessee therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies City may have. In the event of termination of this Agreement, Lessee forfeit any right to harvest crops planted and any right to the proceeds thereof. Lessee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering the Lease Premises hereunder. C. Possession. If City, for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of the said term, as hereinbefore specified, this lease shall not be void or voidable, nor shall City be liable to Lessee for any loss or damage resulting therefrom; but in that event, there shall be proportionate deduction of rent covering the period between the commencement of the said term and the time when City can deliver possession. D. Transfer of property. If City should sell or otherwise transfer title to Lease Premises, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Lessee of City's intent to transfer title. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Lessee. F. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. G. Attorney fees. Lessee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, administrators, or sublessees. This includes, without LEASE AGREEMENT WITH THE TURF COMPANY PAGE 6 OF 9 limitation, provisions regarding liability insurance and indemnification set forth herein. Policies held by Lessee's assignor, sublessee or transferee shall name City as an additional insured party, and Lessee shall provide to City a copy of such policy. I. Binding on successors. This Agreement and all terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the Parties. Independent contractor. In all matters pertaining to this Agreement, Lessee shall be acting as an independent contractor, and neither Lessee nor any officer, employee or agent of Lessee shall be deemed an employee of City. Lessee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Lessee: The Turf Company, LLC L. Darwin McKay 6100 S. Eagle Road Meridian ID 83642 If to City: City of Meridian Director, Parks & Recreation Department 33 East Broadway Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. L. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. M. City Council approval required. This lease shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. LEASE AGREEMENT WITH THE TURF COMPANY PAGE 7 OF 9 P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LESSEE: THE TURF COMPANY, LLC dba THE TURF COMPANY boA&V-�' 114 c., L. Darwin McKay Manager 010 a •'m 0410 '0.0'3 Tj•. • OTA • " tp 0 U , ' • OFOQ;i• CITY OF MERIDIAN: BY: M Tammy ed; Mayor STATE OF IDAHO STATE OF IDAHO ) ss: County ofa � ) r' I HEREBY CERTIFY that on this �.�lay of 2018, before the undersigned, a Notary Public in the State o Idaho, personally appeared L. Darwin McKay, proven to me to be the person who executed the said instrument, 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. Rad" MA&641� Notary Public for Idaho Residing at Idaho My Commission Expires: &)Wb&r 10, A0.2' -s Attest: ): ss County of Ada ) On this Ib day of Fthy'Lj(1Y"LA, 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0"s C' � 10 WCPA, Notary Public f r daho Residing at 411 d n m V Idaho My Commission Expires: 3 - a•8 - a 0 � a, LEASE AGREEMENT WITH THE TURF COMPANY PAGE 8 OF 9 EXHORT A N Site Layout — — LEASE AGREEMENT WITH THE TURF COMPANY PAGE 9 OF 9 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4F Project/File Number: Item Title: Resolution No. 18-2059: A Resolution Approving Lease Agreement with the Turf Company, LLC for Land Owned by the City and Located on Lake Hazel Road, in ADA County Idaho; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Meeting Notes CITY OF MERIDIAN RESOLUTION NO. 18- zo5q BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION APPROVING LEASE AGREEMENT WITH THE TURF COMPANY, LLC FOR LAND OWNED BY CITY AND LOCATED ON LAKE HAZEL ROAD, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located on Lake Hazel Road, Ada County, Idaho, identified as Parcel no. S 1405212410, a portion of which is currently unused by City (hereinafter "Lease Premises"), and City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to the Turf Company for turf farming and sporting events serves the public interest as the most efficient method of controlling weeds, pests, and dust and provides and supports recreational facilities and opportunities for members of the Meridian community; WHEREAS, the City Council of the City of Meridian hereby finds that the Lease Premises are not otherwise needed for City purposes, and pursuant to Idaho Code section 50-1407, the Mayor and Council hereby resolve and authorize the lease of Lease Premises to the Turf Company; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement vvith the Turf Company, attached hereto and incorporated herein, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said instrument for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this r� day of February, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 1-3,P day of February, 2018. APPROVED: de Weerd A, �©naao SEAL , J of the TREPy ty Clerk RESOLUTION AUTHORIZING LEASE AGREEMENT WITH TURF Co. PAGE 1 OF I City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4G Project/File Number: Item Title: Development Agreement for 2 1/2 Street Townhomes (H-2017- 0066) with Meridian Fairview, LLC (Owner) and Broadbent Properties (Developer) located south of E. Fairview Ave. on the west side of 2 and a Half Street, in the NW 1/4 of Section 7, Township 3N., Range 1 E. (Parcel#s: S1107223065, S1107223070, S1107223090) Meetina Notes of. ADA COUNTY RECORDER Christopher D. Rich 2018-014052 BOISE IDAHO Pgs=43 BONNIE OBERBILLIG 02/15/2018 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE I DOW 01 IM UZI I g1►Y IIT" ti gI 010 10400 I PARTIES: 1. City of Meridian 2. Meridian Fairview, LLC, Owner 3. Broadbent Properties, Developer VA THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2 day of Gbrua%'2018, by and between City of Meridian, a municipal corporation of the State of Idah6, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Meridian Fairview, LLC, whose address is 6149 N. Meeker Place, Suite 110, Boise, Idaho 83713, hereinafter called OWNER and Broadbent Properties, whose address is 6149N. Meeker Place, Suite 110, Boise, Idaho 83713, hereinafter called DEVELOPER. 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 Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the rezone of approximately 3.07 acres of land from the C -C (Community Business) and R-15 (Medium Density Residential) zoning district to the O -T (Old Town) 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 and/or 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 DEVELOPMENT AGREEMENT — 2 �/z STREET TOWNHOMES (14-2017-0066) PAGE 1 OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 124 of 372 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 1 2 5 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 1 2 6 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 1 2 7 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 1 2 8 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 1 2 9 o f 3 7 2 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 Cleric. [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: Meridian Fairview, LLC By: Broadbent Hoeger, LLC, Manager athan HMI-ger, DEVELOPER: Broadbent Properties By: Broadbent Hoeger, LLC, Manager Jonathan ;!.-�.- CITY OF MERIDIAN ATTEST: ED qUG� l � By: /— - _ - --- Ow o Mayor Ta y de WeerIpIAIV y Co. Z IDAHO SEAL w ��rhe 7REA`�V�� DEVELOPMENT AGREEMENT — 2 %z STREET TOWNHOMES (H-2017-0066 PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, ) On this day of February, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan Hoeger known or identified to me to be the Manger of Broadbent Hoeger, LLC a limited liability company which is the Manager of Meridian Fairview, LLC, a limted liabiltiy company, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ��`�� y�a,,n••. °�: e (� s J �• � ° � n ° r STATE OF IDKQ County of Ada, ) ry Public for Idaho // ', Residing at: ` Q i My Commission Expires: On this X day of February, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan Hoeger known or identified to me to be the Manger of Broadbent Hoeger, LLCa limited liabiltiy company which is the Manager of Broadbent Properties, LLC, a limited liability company, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writtepu,,,,•� I! lvJ, ' S (SEAL) ° IS �i 0 i'•�}: t—Je ° • O • h7 y STATE OF IDAHO °'flys./'FI n •ti,,4` ss County of Ada ) No ublic for Idaho Rd ing at: FX 0 My Commission xpira : Z �� 3 On this�?) day of i' 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identi to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. �.•,t . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this • X gV Mq�►�,,Y..abovewritten. 46 U ; (SEAL) •. �F�I�QAlE1 NT AGREEMENT - 2 l )now w, Notary Publicfgl �dlio Residing at: ` I(Y i iu&60 _ �� Commission expires: � • oZ$ • 2.0 a•a Vz STREET TOWNHOMES (H-2017-0066) PAGE 8 OF 8 EXHIBIT A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 Legal Description & Exhibit Map of the Rezone Boundary Meridian City Council Meeting Agenda February 13, 2018 – Page 132 of 372 EXHIBIT A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 Meridian City Council Meeting Agenda February 13, 2018 – Page 133 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone a portion of property from C-C and R-15 (3.07) to O-T, for a preliminary plat consisting of 50 single-family residential lots and 7 common lots on 2.571 acres of land, south of E. Fairview Ave. on the west side of 2 and a half street, by Broadbent Properties. Case No(s). H-2017-0066 For the City Council Hearing Date of: August 22, 2017 (Findings on September 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2017, 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 of the annexation and preliminary plat request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a EXHIBIT B Meridian City Council Meeting Agenda February 13, 2018 – Page 134 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 2 - copy served by the Clerk upon the applicant, the Planning Division, 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 22, 2017, 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 and Private Street is hereby approved per the conditions of approval in the attached staff report for the hearing date of August 22, 2017, 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 Six (6) Month 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). Meridian City Council Meeting Agenda February 13, 2018 – Page 135 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 3 - 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 August 22, 2017 Meridian City Council Meeting Agenda February 13, 2018 – Page 136 of 372 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANN LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM day of k6 VOTED VOTED_Y VOTED VOTED VOTED VOTED y&i MAYOR TAMMY de WEERD VOTED TIE BREAKER) Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney, v'rBy: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 1-1-2017-0066 4- Meridian City Council Meeting Agenda February 13, 2018 – Page 137 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 1 STAFF REPORT Hearing Date: August 22, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 2 ½ Street Townhomes (RZ, PP, PS & ALT) – H-2017-0066 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Broadbent Properties, has submitted an application for rezone (RZ) of 3.07 acres of land from the C-C and R-15 zones to the O-T zone; a preliminary plat (PP) consisting of 51 single- family residential lots and 7 common lots on 2.571 acres of land, a private street and alternative compliance to deviate from the parking standards set forth in UDC 11-3C-6. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP, PS and ALT applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 22, 2017. At the public hearing, the Commission moved to continue the subject Rezone, Preliminary Plat and Private Street requests to July 20, 2017. a. Summary of Commission Public Hearing: i. In favor: Bill Truax, Dan Basalone ii. In opposition: Michael B. Morrison, William Gardoski iii. Commenting: William Gardoski iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Lack of parking ii. Increased traffic c. Key Issues of Discussion by Commission: i. Parking ii. Density d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian Planning & Zoning Commission heard these items on July 20, 2017. At the public hearing, the Commission recommended to approve the subject Rezone, Preliminary Plat and Private Street requests. a. Summary of Commission Public Hearing: vii. In favor: Bill Truax Meridian City Council Meeting Agenda February 13, 2018 – Page 138 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 2 viii. In opposition: William Gardoski ix. Commenting: William Gardoski x. Written testimony: Dan Basalone xi. Staff presenting application: xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Parking ii. Increased traffic c. Key Issues of Discussion by Commission: i. Parking di. Commission Change(s) to Staff Recommendation: i. None f. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 22, 2017. At the public hearing, the Council approved the subject RZ, PP and PS requests. a. Summary of City Council Public Hearing: i. In favor: Bill Truax ii. In opposition: Michael B. Morrison, Eileen Gardoski iii. Commenting: Michael B. Morrison, Eileen Gardoski iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Lieutenant Caldwell b. Key Issues of Discussion by Council: i. Limited on-street parking availability ii. Providing safe pedestrian access to Cole Valley Christian school c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0066, as presented in the staff report for the hearing date of June 22, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0066, as presented during the hearing on June 22, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0066 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 south of E. Fairview Ave. on the west side of 2 and a Half Street, in the NW ¼ of Section 7, Township 3N., Range 1E. (Parcel #’s S1107223065, S1107223070, S1107223090, Meridian City Council Meeting Agenda February 13, 2018 – Page 139 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 3 S1107223100, S1107223125, S1107223160, S1107223080, S1107223082, S1107223085, S1107223150) B. Owners: Meridian Fairview, LLC 6149 N. Meeker Place Suite 110 Boise, ID 83713 C. Applicant: Broadbent Properties 6149 N. Meeker Place Suite 110 Boise, ID 83713 D. Representative: Inflection Development, LLC PO Box 50111 Boise, ID 83705 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, private street and alternative compliance. A public hearing is required before the Planning & Zoning Commission and City Council on the rezone and preliminary plat and the Director is the decision maker on the private street and alternative compliance request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 2, 2017 (Commission) August 4, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2017 (Commission) July 27, 2017 (Council) D. Applicant posted notice on site(s) on: June 14, 2017 (Commission) August 1, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The area considered for development is primarily vacant commercial and residential property however; several of the lots are developed with single-family residences, zoned C-C and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial property (Rite-Aid), zoned C-C 2. East: Single-family residential property, zoned R-8 3. South: Single-family residential property, zoned R-15 4. West: Commercial properties, zoned C-C C. History of Previous Actions: NA D. Utilities: 1. Location of sewer: Sewer mains intended to provide service to the proposed development currently exist adjacent to the development in the middle of the block between NE 2 and a Half Street and N. Main Street. It is the intention of the Public Works Department to eventually abandon this main, and therefore this project will be required to install mainline in Meridian City Council Meeting Agenda February 13, 2018 – Page 140 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 4 NE 2 and a Half Street, and tie back into the existing mainline on the north side of the project, potentially in the driveway of the adjacent commercial development. Applicant shall be responsible for the acquisitions of any easements necessary to accomplish this alignment. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in NE 2 and a Half Street. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” This site is located at the northern periphery of the Old Town designated area known as the Northern Gateway District in the Destination: Downtown vision plan. The properties to the east and west are also within the Old Town designated area. Some of the specifics of the vision for this area are as follows: This district is defined by taller buildings, a sense of entry, streetscape improvements particularly along Cherry Lane) that encourage walking, office uses to provide a major employment center supported by retail and housing, and an atmosphere that is distinctive and that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are envisioned to make up 30% (or 13.8 acres) of this district. Streetscape improvements and beautification include increasing the number of street trees, landscaping including planters, community gardens and green spaces. A collection of public art throughout downtown Meridian is also desired. The downtown area should be designed to be attractive and welcoming to pedestrians and bicyclists. Parking areas should include clear pedestrian pathways to make walking and bicycling safer. Meridian City Council Meeting Agenda February 13, 2018 – Page 141 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 5 The applicant proposes to develop this 2.571 acre site with 51 single-family attached residential structures. The project will have a gross density of 18.28 dwelling units per acre (d.u./acre) and a net density of 25.36 d.u./acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed townhomes will contribute to the variety of housing types available within 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) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require open space areas within all development .” (6.01.01A) The proposed plat does not show any open space on their plat. The amount of property included in the plat (2.571 acres) does not meet the threshold to require any open space. The applicant is proposing to front a large number of the townhomes on a mew (open space), and has proposed a tot lot for the development. The UDC does not require open space or amenities if the development is under 5 acres in size, however the applicant has proposed to provide 0.71 acres of unqualified open space and a tot lot. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Promote high density residential development in Old Town.” (3.07.01C). Use the Architectural Standards Manual.” (3.07.02E) Encourage Infill Development.” (3.04.02B) For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O-T zoning district. The proposed townhomes Meridian City Council Meeting Agenda February 13, 2018 – Page 142 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 6 are listed as a permitted use in the O-T district. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. D. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual ASM). E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6A for the proposed single-family development. For two, three and four bedroom units, four (4) parking spaces are required; at least two in an enclosed garage. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone The applicant has applied to rezone 3.07 acres of land from C-C and R-15 zoning districts, to the O-T zoning district. As discussed above in Section VII, staff believes the proposed zoning designation is consistent with the policies in the Comprehensive Plan. The applicant proposes to develop 51 new townhomes as shown on the preliminary plat included in Exhibit A.2. 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. In order to ensure the site develops as proposed with this application, staff recommends a DA with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 51 building lots and 7 common lots on 2.571 acres of land in a proposed O-T zoning district (see Exhibit A.2). The gross density for the subdivision is 18.28 d.u./acre with a net density of 25.36 d.u./acre. The average lot size is 1,055 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2D-2, 11-2D-3 and 11-2D-3 for the O-T zoning district. The applicant has proposed a 21 foot common driveway along the west boundary of the site. The proposed common driveway does not meet the requirements of UDC 11-6C-3. The applicant should revise the plat and make this a 24 foot private street. Access: Access is proposed for this site via two access points from NE 2 and a Half Street. The applicant is proposing private streets throughout the development. Private Street: The UDC requires private streets to be constructed within an easement and have a travel lane width of 24’ or 26’ with no allowed parking as determined by the Fire Marshal. The applicant is proposing a private street for the development that is being proposed as a common lot. The proposed private streets are to be constructed as a 24-foot street section and include a 5- foot sidewalk (pathway) on one side on all private roads with the exception of the private road on the west side of the property. Private streets are not intended for single-family development unless those homes front on a mew. The applicant has provided a mew for a large number of the lots, and due to the additional Meridian City Council Meeting Agenda February 13, 2018 – Page 143 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 7 open space provided and the applicant’s vision for tree-lined streets, staff is in favor of the request for private streets. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. Phasing: The applicant is proposing to develop the project in two phases. The layout of the phasing plan depends on availability of utilities for the project. The applicant will need to coordinate with public works. Parking: For single-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as follows: The applicant is proposing to construct all 2 and 3-bedroom single-family homes, therefore 4 parking spaces per unit are required; at least 2 in an enclosed garage and 2 on a driveway. The submitted plat depicts 51 single-family attached home that each contain a 2-car garage. The applicant has also provided 9 off-street parking spaces within the development. The applicant is asking for alternative compliance to reduce the parking requirements for the development from the required 4 parking stalls per unit containing 2, 3, or 4 bedrooms to 2 stalls per unit. The applicant has received approval from MDC to reduce their parking requirement. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Landscaping for this project is not required, however the applicant has provided 0.71 of an acre in unqualified open space. This are includes the mew lots, the area with the tot lot, internal pathways, etc. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. The landscape plan complies with these standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. The applicant shall provide a revised landscape plan at least ten days prior to the City Council hearing. The applicant should also be aware that there is an 8’ sewer main along the west boundary. Trees will not be allowed to be planted over the main. Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space/Site Amenities: The applicant has proposed parkways, mew lots and a tot lot for the development. Although this development does not meet the threshold to require amenities, the applicant has proposed to include a tot lot as part of the project due to the fact that there are limited options for children to play in the immediate area. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct a 5-foot wide detached sidewalk along 2 and a Half Street as well as 5-foot walkways through the development and along several of the private streets. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Meridian City Council Meeting Agenda February 13, 2018 – Page 144 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 8 Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Existing structures: The applicant will be removing several structures from the property and these shall all be removed prior to signature on the final plat. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials consist of board and batten, asphalt shingles, and fiber-cement siding. Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary, Staff recommends approval of the proposed rezone and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/16/2017) 3. Proposed Landscape Plan (dated: 04/11/2017) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda February 13, 2018 – Page 145 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 9 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda February 13, 2018 – Page 146 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 10 2. Proposed Preliminary Plat (dated: 07/07/2017) Meridian City Council Meeting Agenda February 13, 2018 – Page 147 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 11 3. Proposed Landscape Plan (dated; 04/11/2017) (NOT APPROVED) Meridian City Council Meeting Agenda February 13, 2018 – Page 148 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 12 Meridian City Council Meeting Agenda February 13, 2018 – Page 149 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 13 4. Conceptual Building Elevations Meridian City Council Meeting Agenda February 13, 2018 – Page 150 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 14 Meridian City Council Meeting Agenda February 13, 2018 – Page 151 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 15 Meridian City Council Meeting Agenda February 13, 2018 – Page 152 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 16 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat applicant shall not be submitted until the DA is approved and recorded by the City. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. The applicant shall comply with the submitted townhome elevations attached in Exhibit A.4. b. The applicant shall provide a play structure as proposed. c. The applicant shall comply with the preliminary plat, landscape plan and building elevations found in Exhibit A of this report. 1.1.2 The preliminary plat included in Exhibit A.2, dated 04/04/2017, shall be revised as follows: a. The applicant shall construct a 24 foot private street along the west boundary of the property. 1.1.3 The landscape plan included in Exhibit A.4, dated 04/11/2017, shall be revised as follows: a. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. b. Ten (10) days prior to City Council, the applicant shall submit a revised landscape plan in the same configuration as the preliminary plat. c. Comply with the fencing standards set forth in UDC 11-3A-7. d. Provide a detail of the play structure with the submittal of a final plat. 1.1.4 A DES application is required to be submitted for the townhome units prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 1.1.5 Per UDC 11-5B-5B2, the Director approved the applicant’s request for alternative compliance to the parking standards listed in UDC 11-3C-6B per the site plan included in Exhibit A.2. 1.1.6 The applicant shall remove all structures from the subject property prior to receiving signature on any final plat. 1.1.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.8 The applicant shall provide private streets signs within the development. Meridian City Council Meeting Agenda February 13, 2018 – Page 153 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 17 1.1.9 The applicant shall construct N. Gunslinger Lane, N. Whitecuffs Lane, E. Gruber Lane and E. Badley Lane as 24-foot street sections in accordance with UDC 11-3F-4, as shown on the submitted plans. The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the O-T zoning district listed in UDC Table 11-2D-4. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Meridian City Council Meeting Agenda February 13, 2018 – Page 154 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 18 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Applicant shall be required to extend water main easements to property lines at all dead end mains. All water mains shall terminate dead- ends with hydrants. Consider providing water services off E 2 and a Half Street /or providing a bank of services to avoid building water main on the north and south ends of N Gunslinger Lane. 2.1.3 Sewer mains intended to provide service to the proposed development currently exist adjacent to the development in the middle of the block between NE 2 and a Half Street and N. Main Street. It is the intention of the Public Works Department to eventually abandon this main, and therefore this project will be required to install mainline in NE 2 and a Half Street, and tie back into the existing mainline on the north side of the project, potentially in the driveway of the adjacent commercial development. Applicant shall be responsible for the acquisitions of any easements necessary to accomplish this alignment. 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. Meridian City Council Meeting Agenda February 13, 2018 – Page 155 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 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 not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda February 13, 2018 – Page 156 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 20 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. Meridian City Council Meeting Agenda February 13, 2018 – Page 157 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 21 f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.11 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Park Department did not provide comments on this application. Meridian City Council Meeting Agenda February 13, 2018 – Page 158 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 22 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct 2 And A Half Street as one-half of a 36-foot street section with curb, gutter, within 50- feet of right-of-way; and detached 5-foot wide concrete sidewalk within an easement. 7.1.2 Provide a permanent easement for any sidewalk located outside of the dedicated right -of-way. 7.1.3 Construct 2, 25-foot wide common driveways onto 2 And A Half Street from the site. The southern driveway is to align with Badley Avenue; and the northern driveway is to be located 170-feet north of Badley Avenue and 170-feet south of Gruber Avenue. 7.1.4 Pave the 2 driveways their entire width and at least 30-feet into the site beyond the edge of pavement of 2 And a Half Street. 7.1.5 If the Dero Fixit station is located within the right-of-way, a license agreement is required. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 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. Meridian City Council Meeting Agenda February 13, 2018 – Page 159 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 23 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda February 13, 2018 – Page 160 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 24 C. Legal Description & Exhibit Map of the Rezone Boundary Meridian City Council Meeting Agenda February 13, 2018 – Page 161 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 25 Meridian City Council Meeting Agenda February 13, 2018 – Page 162 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 26 Meridian City Council Meeting Agenda February 13, 2018 – Page 163 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 27 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; Council finds the proposed density and associated O-T zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the Old Town 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; 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; Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or welfare. Council considered all oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Meridian City Council Meeting Agenda February 13, 2018 – Page 164 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 28 Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. ALTERNATIVE COMPLIANCE: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the parking standards is not desirable given the location of the proposed use. Additionally, the reduced parking standards are endorsed by MDC. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s parking standards. The number of parking stalls required by the UDC is determined in section 11-3C-6. The section requires that each single-family lot provide two parking stalls within an enclosed garage and two in a driveway based on the number of bedrooms proposed for the units in question. The applicant is providing 102 off-street parking spaces as part of the development, and staff believes that with the additional 9 parking stalls, that the proposal provides an equal means for meeting the requirements of the UDC. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. 4. PRIVATE STREET a. The Design of the private street meets the requirements of this Article; Meridian City Council Meeting Agenda February 13, 2018 – Page 165 of 372 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 29 The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Meridian City Council Meeting Agenda February 13, 2018 – Page 166 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4H Project/File Number: Item Title: Award of Bid and Approval of Agreement to G&W Electric Company for the "WRRF VACUUM INTERUPT PAD -MOUNTED SWITCHGEAR" project for a Not -To -Exceed amount of $416,202.00. Meetina Notes CONTRACT CHECKLIST I, PROJECT INFORMATION Date: 2/8/2018 REQUESTING DEPARTMENT PUBLIC WORKS Project Name: WRRF Switchgear ❑ Quality of work ❑ On Budget Project Manager: Clint Dolsby Contract Amount: $416,202 Contractor/Consultant/Design Engineer: G&W Electric Company ❑ 2 Is this a change order? Yes ❑ No ❑ Change Order No. IL BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): ❑ 4 Department 3590 Yes ❑� No ❑ Construction ❑ GL Account 92100 FY Budget: FY18 Task Order ❑ Project Number: 10751 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment 0 Will the project cross fiscal years? Yes FA No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes E No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: N/A Typical Award Yes ❑, No ❑ If no please state circumstances and conclusion: N/A Date Award Posted: 11/16/2017 7 day protest period ends: November 22, 2017 VI, CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status N/A Insurance Certificates Received (Date): N/A Expiration Date: N/A Rating: N/A Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No ❑, If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: February 8, 2018 Approval Date BY: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 02/08/2018 Re: February 13th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13th City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to G&W Electric Company for the "WRRF VACUUM INTERUPT PAD -MOUNTED SWITCHGEAR" project for a Not -To -Exceed amount of $416,202.00. Recommended Council Action: Award of Bid and Approval of Agreement to G&W Electric for the Not -To -Exceed amount of $416,202.00. Thank you for your consideration. • Page 1 AGREEMENT FOR THE SUPPLY OF VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR PROJECT 1110891 S THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 13th day of February, 2018, 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 G&W Electric Company, hereinafter referred to as "SUPPLIER", whose business address is 305.W. Crossroads Pkway, Bolingbrook, IL 60440, INTRODUCTION Whereas, the City has a need for Switchgear ; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation for Bids titled "Pad Mounted Liquid Filled Medium Voltage Transformers and Vacuum Interrupt Pad - Mounted Switchgear" and suppliers bid dated 11/16/2017 by which by this reference are incorporated herein, together with all addendurns issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUPPLIER 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. Delivery shall take place according to the milestone schedule (Attachment B). VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR - page 1 of 10 G&W ELECTRIC COMPANY Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not -To -Exceed amount of $416,202.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER 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, SUPPLIER 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, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER 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 SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER'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. Termination; 4.1 If, through any cause, SUPPLIER, 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 VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR — page 2 of 10 G&W ELECTRIC COMPANY 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. 4.2 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur ,any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct thernselves as independent SUPPLIERs and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER 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 SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. G. Indemnification and Insurance: 6.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR - page 3 of 10 G&W ELECTRIC COMPANY 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 deerned 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, SUPPLIER 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 SUPPLIER or SUPPLIER's officers, employs, agents, representatives or subSUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'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 SUPPLIER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR — page 4 of 10 G&W ELECTRIC COMPANY 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment, Warranty and Performance Bonds are required. 8. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed against defects in workmanship and materials from the notice of acceptance for 18 months from date of shipment. Additional warranty may be purchased. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts(a�meridiancity.org G&W Electric Company Vaidyanathan Ramasethu, Application Engineer 305 W. Crossroads Pkway Bolingbrok, IL, 60440 Ph. (708 297-0913 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other ii► the manner herein provided. 10. Attorney Fees: Each party to be responsible for their own legal expenses. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER 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. 13. Discrimination Prohibited: In performing the Work required herein, SUPPLIER 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. VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR — page 5 of 10 G&W ELECTRIC COMPANY 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, Buyer or its representative shall at reasonable times have access to the premises, materials, instructions, working papers, plans, drawings and specifications payrolls, records of personnel, conditions of employment and other data relating to all matters covered iby this Agreement pertaining to the Work. Subject to the Idaho Public Records Act, Buyer or Representative have no access to Seller's financial records. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement, 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR — page 6 of 10 G&W ELECTRIC COMPANY breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the Opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. 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. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CIT`( OF MERIDIAN BY:--------� TAMMY de WEE_ MAYOR Dated: a1 / 31 X` u -- G&W ELECTRIC COMPANY BY: Dated: Approved by City Council: d( ( " / ;�/ k Attest: o�QDRATED,44, C.JAY OL_E ,ITY CLERK Cit, "r W NO 02 Se A VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR - page 7 of 10 G&W ELECTRIC COMPANY Purchasing Department Approval BY: ;'7"Oe 21z�� Keith atts, Pu_rrchasing Manager Dated: 9 '7I,5 Project Manager Clint Dolsby VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR G&W ELECTRIC COMPANY Public s Depar i e Approval BY: Warren Stewart, dityrEngineer Dated: Z - 7 — l� page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID #WRRF-1808-10891 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WRRF-1808-10891, are by this reference made a part hereof. VACUUM IN I I hla)III PAP MO UNIH) SWI I(1I(;FAIt page 9 of 10 UfSW [_ I LCI PIC COMPANY Attachment B MILESTONE / PAYMENT SCHEDULE MILESTONE SCHEDULE _ Milestone 1 Submission of all Submittals 28 Days from Notice to Proceed Milestone 2 Approval of all Submittals 42 Days from Notice to Proceed _ _ 180 Days from Approval of Milestone 3 Equipment Delivery submittals Approval of Operation & 240 Days from approval of Milestone 4 Maintenance Manual Submittal submittals Manufacturer's Services 270 Days from approval of Milestone 5 Completion submittals Milestone 6 Final Acceptance / Completion 270 Days from approval of SLIhITlltt�]IS PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as r(uluired in BID #WRRF-'l808-10891. — -- -J- -EXTENDED ITEM DESCRIPTION GINTY UNIT PRICE PRICE _ 1 3 -Way Pad -Mounted Switchgear 2 EA $52,461 $104,922.00 2 4 -Way Pad -Mounted Switchgear 5 EA $62,256 $311,280.00 CONTRACT TOTAL $416,202.00 Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging, incidental, and applicable, taxes VACUUM INTERRUPT PAD -MOUNTED SWITCHGEAR — page 10 of 10 G&W ELECTRIC COMPANY cn I- J D U) W w 7i 06 LU H Q 0 w 0 � Z m � 0 Q m0 w = Q m � cn w w m� wO W LL Q CO m Z Q F- PUO9 Ps wnpueppb pauBic rn co 0 T CD 03 T 1 LLNN Q' W m O Z 0 Z m > U) Y W Y d c CL Le, .;j Lo il O O O O O O O O O O O O O O 6 6 6 6 6 6 0 N 00 Ln O O O LO 00 O 00 O N O 00 rn C6 (D 00 ',1- N r V Ln (0 r 60 60 63- 6-� fPr 6)- 6 ) CD Lo 0 O Lo Lo r— r-- `00 o 00 O CO O � Ln O r O 07 co LO m N 0 0 0 d 'd' LO I- N O O O 00 C6 V O C6 N cj r V Ln (O r 69 64 64 69 60 69 69 CD CD CO In 2 w N LLI N U) I- O O O I- O 14- LO ClO M (O N N O O O O o N O N 00 O N M O d' r O r a7 r CO H} 64 0 0 CD CD CD p p O O O O O O O O Cl CD 0 ti oo0 O N r— O 63 64 6a r LO 6} ell N} co co O ti m �: M M 4 Ln O 00 U) N r O N Lf) O Ln M 00 co d Ln O ea ER N r cj 6} 61) w O M O a7 � 0 0 co co N 64 6a City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 41 Project/File Number: Item Title: Award of Bid and Approval of Agreement to Platt Electric Supply for the "WRRF Pad -Mounted Liquid Filled Medium Voltage Transformers" project for a Not -To -Exceed amount of $240,253.86. Meetina Notes CONTRACT CHECKLIST I, PROJECT INFORMATION Date: 2/8/2018 REQUESTING DEPARTMENT PUBLIC WORKS Project Name: WRRF Transformers Project Manager: Clint Dolsby Contract Amount: $240,254 Contractor/Consultant/Design Engineer: Platt Electric Supply Is this a change order? Yes ❑ No ❑ Change Order No. IL BUDGET INFORMATION (Project Manager to Complete) Ill. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes 0 No ❑ Construction ❑ GL Account 92100 FY Budget: FY18 Task Order ❑ Project Number: 10751 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment 2 Will the project cross fiscal years? Yes 0 No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received N/A N/A Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: N/A Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: N/A Date Award Posted: 11/16/2017 7 day protest period ends: November 22, 2017 VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status N/A Insurance Certificates Received (Date): N/A Expiration Date: N/A Rating: N/A Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No Q If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check al/ that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: February 8, 2018 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checkllst.5.24.2016.Final Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 02/08/2018 Re: February 13th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 131 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Platt Electric Supply for the "WRRF Pad - Mounted Liquid Filled Medium Voltage Transformers" project for a Not -To -Exceed amount of $240,253.86. Recommended Council Action: Award of Bid and Approval of Agreement to Platt Electric Supply for the Not -To -Exceed amount of $240,253.86. Thank you for your consideration. 0 Page 1 AGREEMENT FOR THE SUPPLY OF PAD MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS PROJECT #10891T THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 13th day of February, 2018, 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 Platt Electric Supply, hereinafter referred to as "SUPPLIER", whose business address is 5603 W. Bethel, Boise, ID 83706-1417. INTRODUCTION Whereas, the City has a need for transformers ; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation for Bids titled "Pad Mounted Liquid Filled Medium Voltage Transformers and Vacuum Interrupt Pad - Mounted Switchgear" and suppliers bid dated 11/16/2017 by which by this reference are incorporated herein, together with all addendums issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUPPLIER 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 PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 1 of 10 PLATT ELECTRIC SUPPLY are in effect at the time of performance of this Agreement. Delivery shall take place according to the milestone schedule (Exhibit A). 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not -To -Exceed amount of $240,253.86. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER 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, SUPPLIER 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, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER 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 SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER'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. Termination: 4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 2 of 10 PLATT ELECTRIC SUPPLY 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. 4.2 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent SUPPLIERs and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER 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 SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. 6. Indemnification and Insurance: 6.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 3 of 10 PLATT ELECTRIC SUPPLY guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER 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 SUPPLIER or SUPPLIER's officers, employs, agents, representatives or subSUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including the use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'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 SUPPLIER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 4 of 10 PLATT ELECTRIC SUPPLY 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 8. 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 of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts@meridiancity.org Platt Electric Supply Matthew Holt 5603 W. Bethel Boise, ID, 83706 Ph. (208) 376-5643 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. 9. 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and everyterm, 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. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER 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. PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 5 of 10 PLATT ELECTRIC SUPPLY 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER 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. 13. Reports and Information: 13.1 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. 13.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, 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 SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER 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. 15. 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. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. 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 SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 6 of 10 PLATT ELECTRIC SUPPLY 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. 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, 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PLATT ELECTRIC SUPPLY .............. BY: TAMMY de WE 'MA`YOR Dated: C_/ / J / �l ��- Dated: 02/08/18 Approved by City Council: 2)- ( ` � Z )91k Attest:�, //,11A J""� G0 C.JAY COLES ITY CLERK ID W 0 = I S�Flo qL >/ PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE PLATT ELECTRIC SUPPLY S — page 7 of 10 Purchasing Department Approval BY: _ Keith atts, Purchasing Manager Dated: 22/ A Project Manager Clint Dolsby Public Workpart ent pproval BY: 7 —' DAL C &L -TO � P�1P�Ly C vLJGV KS Dated: z16 Z/ 8 PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 8 of 10 PLATT ELECTRIC SUPPLY Attachment A SCOPE OF WORK REFER TO INVITATION TO BID #WRRF-1808-10891 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WRRF-1808-10891, are by this reference made a part hereof. PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 9 of 10 PLATT ELECTRIC SUPPLY Attachment B MILESTONE / PAYMENT SCHEDULE Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging, incidental, and applicable taxes PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 10 of 10 PLATT ELECTRIC SUPPLY MILESTONE SCHEDULE Milestone 1 Submission of all Submittals 14 Days from Notice to Proceed Milestone 2 Approval of all Submittals 28 Days from Notice to Proceed Milestone 3 Equipment Delivery 180 Days from Notice to Proceed Milestone 4 Approval of Operation & 240 Days from Notice to Maintenance Manual Submittal Proceed Milestone 5 Manufacturer's Services 270 Days from Notice to Completion Proceed Milestone 6 Final Acceptance / Completion 270 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required in BID #WRRF-1808-10891. EXTENDED ITEM DESCRIPTION QNTY UNIT PRICE PRICE 1 300 -kVA 480GrdY/277V Transformer 3 $13,479.92 $40,439.76 2 750 -kVA 480GrdY/277V Transformer 1 $18,457.26 $18,457.26 3 1000 -kVA 480GrdY/277V Transformer 2 $21,777.55 $43,555.10 4 1500 -kVA 480GrdY/277V Transformer 2 $27,364.57 $54,729.14 5 2500 -kVA 4,160GrdY/2,400V Transformer 2 $33,100.93 $66,201.86 6 300 -kVA 208GrdY/120V Transformer 1 $13,960.87 $13,960.87 7 50 -kVA 240/120V Transformer 1 $2,909.37 $2,909.87 CONTRACT TOTAL $240,253.86 Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging, incidental, and applicable taxes PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 10 of 10 PLATT ELECTRIC SUPPLY W m W O Z W H 06 W F - Q 0 W J D U) W J� Z m � Q_ 0 Q W m0 W = c U Q F- m o w _ 5 m� w O LL aN mZ a F- puo8 PS 6 wnpueppb pau6ig 00 CD 00 CD 00 T LLL.1 1.1NN.. Q' W m O z Z ca 0 0 0 0 0 0 0 O O O O O O O O O O O O O O N w Lo O O O Lo w O w 0 N 0 M O ti CO a0 d N r M� M 0 M 04 69 64 69 (0} 64 69 O Lo 0 O Lo Lo r- I -- ti N r �- 00 00 M d7 ti Lf7 O � O O M Lo Lo N O M O It It Lo ti N O O O 00 M� O M M N O O O O O O O OM O Lo O � M 00 O In W 1,- O O O I-- O 't Ln M O Cl) Co r- tl- N N el} 64 O O O O O N O N 00 O N M O r r Cl) 63 69 O LO O O O O O O O O O O O O O O O OM O Lo O � M 00 O 00 N r O ea 6) r Lo CY) 64 ol} 09 - CO M O � m O 07 64 64 11-: M M 14 LC) O 00 LO NO O N LQ L M o0 69CY) � Lo N r 'l Ef-} 69 N O M O O LO O O CY) 00 CY) N 64 64 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4J Project/File Number: Item Title: Approval of Task Order 10015.A for Professional Services for "Well 33 Test & Production Well Design" to Hydro Logic, Inc. for the Not -To -Exceed amount of $97,235.00.. This Task Order is issued in conjunction with the Master Agreement with Hydro Logic dated October 1, 2017. Meeting Notes CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: N/A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding N/A N/A I. PROJECT INFORMATION 1/26/2018 10/3/2018 N/A N?A 1/5/2018 Public Works Well 33 Monitor and Production Well Design V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A 10/1/2017 February 8, 2018 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 1/5/2018 VII. TASK ORDER SELECTION (Project Manager to Complete) Hydrogeologist has completed numerous similar projects for the City of Meridian similar to the scope of this task order. The previous work performed meets the expectations of the City for quality, availability of local personnel and within budget and schedule. N/A Award based on Low Bid Highest Ranked Vendor Selected $97,235 Garrick Nelson If yes, has policy been purchased? Hydro Logic, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96177 10015.a TASK ORDER 6a RFP / RFQ BID Meridian City Council Meeting Agenda February 13, 2018 – Page 198 of 372 Page 1 Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 2/8/2018 Re: February 13 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13 th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10015.A for Professional Services for “Well 33 Test & Production Well Design” to Hydro Logic, Inc. for the Not-To-Exceed amount of $97,235.00.. This Task Order is issued in conjunction with the Master Agreement with Hydro Logic dated October 1, 2017. Recommended Council Action: Approval of Task Order 10015.A to Hydro Logic, Inc. for the Not-To-Exceed amount of $97,235.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda February 13, 2018 – Page 199 of 372 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 0 0 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 0 1 o f 3 7 2 TASK ORDER NO, 1OO.I5.A Pursuant to the I/ASTER AGREEI,4ENT FOR PROFESSIONAL SERVICES BETWEEN ctTY oF MER|D|AN (CITY) AND HYDRO LOGIC, lNC. (HYDROGEOLOGIST) This Task Order is made this 6th day of February 201 8 and entered into by and between the City ol ltileridian, a municipal corporation organized under the laws oi the State ol ldaho, hereinafter referred to as "City", and accepted by Hydro Logic, lnc.* hereinafter relerred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the lVaster Agreement (category 6A) between the above mentioned parties dated October 1, 2017. The Projecl Name for this Task Order is as follows: WELL 33 TEST AND PRODUCTION WELL DESIGN PROJECT UNDERSTANDING We understand that the City anticipates construction ol a new multi-depth monitoring well and a production supply well on the same site to further characterize and augmenl the municipal water supply. The location of the well is in a new commercial subdivision located between West Belltower Drive and West Quintale Drive near North Ten lt/ile Boad; south o{ West lr/clvlillan Road and north ol West Ustick Road. The well will be drilled as an additional poinl of diversion under an existing City water right permit. Well 33 was added as a point of diversion for the Cily's existing water rights in Transfer 81351 , therefore, no regulatory permit filing or amendment is needed. SCOPE OF WORK The lollowing tasks will be pedormed under this task order. Task 1. Monitor/Test Well Design. The Hydrogeologist will provide 100% bid ready specifications for a multi-level test well. The well will tap up to thirteen separate zones for purposes of water quality and potentiometric head evaluation. Total depth, target zones, and tolal length of PVC well casing will be estimated based on many previous projects with the objective of: selecting the best water quality for the production well, expanding the City's knowledge of the aquifer system for source water protection purposes, and providing long-term monitoring from a designated monitoring facility into the future. Design will be finalized alter drilling ol the borehole when representative Task Order 10015.A - Well 33 Test & P.oduclion well Design Hydro Logic, lnc. Page 1 ol 5 Meridian City Council Meeting Agenda February 13, 2018 – Page 202 of 372 drill-cuttings and borehole geophysics are available. A short technical memorandum will be developed alter construction, development, and sampling to explain the process and rationale for the City's file. Task 2. Monitor/Test Well Bidding, Permitting, and Services During Gonstruction. The Hydrogeologist will assist the City in answering contractor questions during bidding. The Hydrogeologist will provide construction support services lo include securing a well drilling permit, on-sile inspection services during drilling, examination of well cuttings, conducting, review and interpretation of geophysical logs, final well design, on-site inspection of well construction, design and observation ol tube-well development, water quality sampling, and revieMreconciliation of contractor pay requests. The Hydrogeologist will submil water quality samples to a water quality laboratory for analysis. The Hydrogeologist will collect and hand deliver samples for analyses to a cedified laboratory, including but not limited to the following: Alkalinity (total as CaCOe), Ammonia as N, Arsenic, Barium, Calcium, Chloride, Conduciivity, Corrosivity (Langlier), Fluoride, Hardness as CaCOs, lron (dissolved; field filtered through 0.45 micron filter), lron (total), l/agnesium, lvlanganese (dissolved; lield filtered through 0.45 micron filter), Ivlanganese (totat), Nitrate as N, pH, Phosphale as P, Potassium, Silica, Sodium, Sullate, Hydrogen Sullide, Total Colilorm, Total Dissolved Solids, Total Kjeldahl Nitrogen, Total Organic Carbon, Dissolved Organic Carbon, Gross Alpha, Gross Beta, Uranium. The Hydrogeologist will also collect duplicate samples for Gross Alpha, Gross Beta, and Uranium and hold these samples against the possibility ol a laboratory mishap or the need for a "second opinion". The Hydrogeologist will measure temperature, pH, specific conductance, dissolved oxygen, and oxidation+eduction potentlal in the field using a closed loop system and only sample after field-measured parameters have stabilized. Task 3. Monitor/Test Well Analysis Report. The Hydrogeologist will prepare a liilonitor Well Analysis Report. The report will include an as-built construction drawing ol the test well, lithologic and geophysical logs, water quality data, and recommendations for luture production well design based on water quality, anticipated well yield, and other factors. Task 4. Produclion Well Design. The Hydrogeologist will design the new production well based on the results from the monitor well project. The design will include sieve analyses of target aquifer zone drill-cuttings for purposes ol screen and filter pack sizing. The Hydrogeologist will prepare a Well Preliminary Engineering Report, Well Site Evaluation, and Well Plan and Specifications for submittal 1o IDEQ. The Hydrogeologist will respond to IDEQ comments on the submittal. Task 5. Production Well Bidding, Permitting, and Construction Support Services. The Hydrogeologist will assist the City in answering contractor questions during bidding. The Hydrogeologist will provide technical specifications, a bid schedule, and Hydrogeologist's opinion of probable costs. The Hydrogeologist will assist the City to secure a well drilling permit, provide onsite observation 1o observe borehole drilling, well conslruction, and test pumping. The Hydrogeologist's services during .construction 'Iask Order 10015.A - Woll33 Tesl & Production Woll Design Pag6 2 ot 5 Hydro Logic, lnc. Meridian City Council Meeting Agenda February 13, 2018 – Page 203 of 372 include examination and description of drill-cuttings, review and interpretation of any additional geophysical logs (also conducted by the Hydrogeologisl) deemed necessary, final well design, inspection during placement of well screens, inspection during emplacement oI the annular casing seals and well screens and sand filter envelop, design and observation of well development alter review of video inspection (to be conducted by Hydrogeologist), design and measurements during hydraulic test pumping, obtaining water quality samples, and review/reconciliation 01 contractor pay requests. The Hydrogeologist will also provide weekly {ield reports, monitor drilling lluid viscosity and weight during drilling, calculate/tag and document the placements of well seals, photograph and document casing joining and installation, document material certification, and review the drillels repofi for accurate lithologic reporting, to confirm depths, to verify materials used, and amounts used agree with field observations, and lo ensure the Well Driller's Heport is a complete and accurate record of the water well. Task 6. Production Well Completion Report. The Hydrogeologist will prepare a Wel! Completion Report lor submittal to IDEQ. The report will include a well construction record drawing, lilhologic and geophysical logs, water quality data, hydraulic test pumping results, analysis of well capacity, and analysis for GWUDI, recommendations for pump selection (provide a recommended pump model number), and confirm that the well was constructed in general accordance with "Standard"" pre-approved plans and specifications on f ile with IDEQ. ASSUMPTIONS The City will hire a drilling contraclor directly. Hydro Logic, lnc. is not responsible for the health and safety of the drilling contractor or any other non-Hydro Logic statf in the f ield. The Hydrogeologist will complete the Applications for Drilling Permit for signature by the City and pay lor the application fees, one for the monitor well drilling and one for production well drilling. Hydrogeologist assumes no responsibility {or delays in the regulatory permitting process or hold ups with the well drilling pro.jects delayed by the City for reasons outside ol Hydrogeologists control. Hydrogeologist will perform laboratory sieve analyses of drill cuttings lor purposes of production well screen and filter pack selection. The Hydrogeologist will provide the sampling pump and power generator as needed to collect groundwater samples from the monilor tube-wells. Hydrogeologist shall deliver the water samples to the laboratory and follow through on the processing and review the results lor accuracy. The City will pay lor all water quality laboratory analyses directly. Task Order 10015,A - Well 33 Tesl & Produotion Well Design Hydro Logic, lnc. Paqe 3 ol 5 Meridian City Council Meeting Agenda February 13, 2018 – Page 204 of 372 Compensation does no1 include design, permitting, or construction management services associated with the well house facility. Hydrogeologist will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. Record Drawings - Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type ol various components, or exact manner in which the PROJECT was finally constructed. HYDROGEOLOGIST is not responsible lor any errors or omissions in the inlormation from others that is incorporated into the record drawings. TIME OF COMPLETION and COMPENSATION SCHEDULE The Not-To-Exceed amount to complete all services lisled above for this Task Order is (ninety seven thousand, two hundred thirty five dollars) ($97,235.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. Any and all kavel will only be reimbursed if pre-approved by the Project Mlanager, and only per the City of fi/eridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre-approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not-To-Exceed Task Order Total per the Compensation and Completion Schedule above. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Test Well Design ' 45 days lrom NTP $4,605-00 Test Well Bidding, Permitting, and Service Durinq Construclion . ln conjunction with City's Bidding and Construclion Schedule $s1,290.00 Test Well Analysis Report . Wilhin 30 days of receiving water qualily laboratorv data for each well $15,050.00 4 Production Well Design and PermilUng . 45 days lrom City approval ol Test Well Report Recommendalions $3,990.00 5 Production Well Bidding and Services During Construction . In conjunclion with City's Bidding and Construction Schedule $34,700.00 6 Production Well Comptelion Reporl Within 30 days of substantial complelion ol production well construction $7,600.00 TASK ORDER TOTAL: $97,235.00 Task Order 10015.A - Well33 Tesl & Produclion Well Design Hydro Logic, lnc. Page 4 ol 5 Meridian City Council Meeting Agenda February 13, 2018 – Page 205 of 372 CITY OF MEAN HYDRO LOGIC, INC. �BY: n TAMMY de WE D, MAYOR ED SQUIRES, P SIDENT Dated: '(� Dated: jr"� i Approved by Council ( /l Attest: C.JAYLES, Y CLERK Purchasing Approval BY:. KEIT ATTS, Purchasing Vanager City Project Manager: Garrick Nelson 4'c-'O" QaRATEDgVC�s v 'flyer w 2 IDAHO 1 n BY: IYYJAU-1- Warren Stewart, Cii ngineer Dated: 2 — ? — Zo 5? Task Order 10015.A - Well 33 Test & Produclion Well Design Page 5 of 5 Hydro Logic, Inc. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96177 Well #33 Capital 10015 Well 33 450,000.00 0.00 450,000.00 100.00% Total Capital Outlay 450,000.00 0.00 450,000.00 100.00% TOTAL EXPENDITURES 450,000.00 0.00 450,000.00 100.00% Date: 2/8/18 02:08:55 PM Page: 1 Meridian City Council Meeting Agenda February 13, 2018 – Page 207 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4K Project/File Number: Item Title: Modified Development Agreement for Burlingame Subdivision (H-2017-0055) with Yuriy Mukha(Owner/Developer) located near the northwest corner of W. Cherry Lane and N. Black Cat Road in the SW 1/4 of Section 4, Township 3N., Range 1W Meeting Notes ADA COUNTY RECORDER Christopher D. Rich 2018-014051 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 02/15/2018 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMIENT PARTIES: 1. City of Meridian 2. Yuriy Mukha, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of "ill 2018, by and between City of Meridian, amunicipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Yuriy Mukha, whose address is 5504 N. Senita Hills Avenue, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. _ RECITALS 1.1 "EREAS, 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 filll, herein after referred to as the Property, and 1.2 VMEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 VMEREAS, City has exercised its statutory' authority by the enactment of Section I 1-5B-3 of the Unified Development Code ("UDC") which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 VMEREAS, Owner/Developer has submitted an application for the modification to the existing Development Agreement recorded as instrument #106151230 to include a new Conceptual Plan, Building Elevations and to modify certain terms of the existing development of approximately 18.99 acres of land (as described in Exhibit "A") and a Preliminary Plat consisting of 60 building lots and 7 common lots in a R-4 (Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 VMEREAS, 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 VMEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently DEVELOPMENT AGREEMENT—BURLINGAME SUBDIVISION (H-2017-0055) PAGE I OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 209 of 372 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 1 0 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 1 1 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 1 2 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 1 3 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 2 1 4 o f 3 7 2 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 ofthe Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 0V�VRW/DELOPER: ==Yuriy CITY OF MERIDIAN ATTEST - 9P IT ED TTEST•RATED A B . '°� �r Mavor Tam de Weerd Cole i tY Clerk sEA/oAH� L DEVELOPMENT AGREEMENT-BURLINGAME SUBDIVISION (H-2017-0055 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this day of Fayum-0, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Yuriy Mukha kno r identified to me to be the person who signed below, and acknowledged tome 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. STATE OF IDAHO ss _0MWM1AW"- Notary Public for Idaho Residing at: My Commission Expires: 3-,;l� County of Ada ) On this �� dayof t Q(X h , 2018, before me, allotary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified tome to be the Mayor and Clerk, respectively, of the City ofMeridian, who executed the instrument or•the person that executed the instrument of behalf of said City, and acknowledged tome that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. S • �-Nj •• (� A$ • • • • Pum" o 0 0 s 00 Is e" w YA - 0 Notary Public fAo d o Residing at: i� �_ Commission expires:,:; •a$ • ana a, DEVELOPMENT AGREEMENT —BURLINGAME SUBDIVISION (H-2017-0055) PAGE 8 OF 8 EXHIBIT A Meridian City Council Meeting Agenda February 13, 2018 – Page 217 of 372 Meridian City Council Meeting Agenda February 13, 2018 – Page 218 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modificationto the Development Agreement to Include a New Conceptual Development Plan for the Site; and a Preliminary Plat Consisting of 60 Building Lots and 7 Common Lots on 18.99 Acres of Land in an R-4 Zoning District for Burlingame Subdivision, by Mason and Stanfield, Inc. Case No(s). H-2017-0055 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B Meridian City Council Meeting Agenda February 13, 2018 – Page 219 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 19, 2017, 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 modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 19, 2017, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda February 13, 2018 – Page 220 of 372 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 - 3 - 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. 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 September 19, 2017 Meridian City Council Meeting Agenda February 13, 2018 – Page 221 of 372 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Mayor Tamme Weerd TEDAL/n. Attest: nor t C-V[ ( i EIDIANI.- IDAHO C4,ay Cos SEAL City Clerk day of VOTED /f4 VOTED / VOTED / VOTED VOTED _V& VOTED 4 VOTED Copy served upon Applicant, Community Development Department; Public Works Department and City Attorney. By: 0 ymvyu Dated: t'e.YY QA. 6 a City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION R ORDER FILE NO(S). H-2017-0055 - 4 - Meridian City Council Meeting Agenda February 13, 2018 – Page 222 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 1 STAFF REPORT HEARING DATE: August 15, 2017 (Continued from June 27, and July 5, 2017) TO: Mayor and City Council FROM: Joshua Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Burlingame Subdivision – MDA, PP (H-2017-0055) I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST The applicant, Mason & Stanfield, Inc., has submitted an application for a modification to the development agreement (MDA) to include a new conceptual development plan for the site; and a preliminary plat (PP) consisting of 60 building lots and 7 common area lots on 18.99 acres of land in an R-4 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: None iii. Commenting: Carla Mace, Kate Delgado-Miller, Don Clower, iv. Staff presenting application: Josh Beach v. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Continued irrigation warter arriving at the adjacent properties ii. Concerns regarding the easement that crosses both the LDS and seventh day Adventist properties to the east and who will be allowe3d to use this easement in the future. iii. Construction traffic for the development should come off of Cherry and not through the Turnberry Subdivision. iv. Concerns that this project will turn into a multi-family development. c. Key Issues of Discussion by Commission: i. Amount of open space provided, and specifically allowing a large retention pond to be used in the open space calculation. ii. Maintaining the availability of adjacent properties to use their allotted irrigation water. iii. Whether to and where to require stub streets. iv. Access to Cherry Lane for the existing house and how to make that happen. v. Concerns that the open space and amenities are not distributed evenly throughout the subdivision. d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.1B ii. Remove condition 1.1.1C Meridian City Council Meeting Agenda February 13, 2018 – Page 223 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 2 iii. Modify condition 1.1.1E as follows “Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi-use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road. stub the pathway to the east property line in line with the existing easement. iv. Add a DA condition that the applicant be required to show amenities on both the north and south sides of the development. e. Outstanding Issue(s) for City Council: i. Request to leave the Stafford Sublateral and Settlers Canal open. ii. The request to modify the development agreement. The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP and MDA requests. a. Summary of City Council Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: John Vogler, Steven Hunt iii. Commenting: John Vogler, Will Mason, Jarron Langston iv. Written testimony: Letter from Turnberry HOA and a petition v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kyle Radek, Caleb Hood b. Key Issues of Discussion by Council: i. Concerns over the irrigation pond and how the pond will be maintained. ii. Discussion on the location of stub streets. iii. The 25-foot landscape buffer along Cherry Lane. iv. Access to the existing home that fronts on Cherry Lane. c. Key Council Changes to Staff/Commission Recommendation i. Add condition 1.1.2 to read as follows “The applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the frontage of parcel# S1204449040.” ii. Add condition 1.1.3 to read as follows “The irrigation retention pond shall be designed in accord with UDC 11-3G-3B8.” III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0055, as presented in the staff report for the hearing date of June 1, 2017, 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- 2017-0055, as presented during the hearing on June 1, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0055 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: Meridian City Council Meeting Agenda February 13, 2018 – Page 224 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 3 The subject property is located near the northeast corner of W. Cherry Lane and N. Black Cat Road in the SW ¼ of Section 4, Township 3N., Range 1W. B. Applicant: Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 C. Owner: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83646 D. Representative: Will Mason, Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 2017 (Commission) June 9, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission) June 8, 2017 Council) D. Applicant posted notice on site by: May 16, 2017 (Commission) June 12, 2017 (Council) VI. LAND USE A. Existing Land Use(s): There are currently two existing single-family home on the subject property. These homes are proposed to remain as part of the subdivision. The property is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Turnberry Crossing), zoned R-4 South: Single-family residential property, zoned RUT in Ada County East: Two Church buildings, zoned L-O West: Single-family residences, zoned RUT in Ada County C. History of Previous Actions: In 2006, this property was annexed and zoned (AZ-06-018) as Incline Village Subdivision; a development agreement was approved as a provision of annexation recorded as Instrument No. 106151230. A preliminary plat was also approved (PP-06-016) as Incline Village Subdivision. Also in 2006, a final plat (FP-06.045) was approved for the property. The final plat however, was never recorded with the County and has since expired. One of the existing homes on the property was removed from the plat through a property boundary adjustment. Meridian City Council Meeting Agenda February 13, 2018 – Page 225 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 4 D. Utilities: a) Location of sewer: The western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. b) Location of water: The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stub in N. O’Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. c) Issues or concerns: The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stub should be provided to service 5120 & 4920 W Cherry Lane either east from N Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. E. Physical Features: 1. Canals/Ditches Irrigation: The Stafford Sublateral and Settlers Canal run along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 2. Hazards: No hazards have been identified on this site. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Low density residential areas are anticipated to contain up to three dwellings per acre The applicant proposes to develop the site with 60 single-family residential homes at a gross density of 3.16 dwelling units per acre (d.u./acre) and a net density of 4.43 d.u./acre, which is consistent with the LDR FLUM designation. Staff is requiring three additional stub streets for the project which will require the applicant to modify the plat and will reduce the number of lots proposed for the plat. This reduction in the number of buildable lots should get the plat below the target density in the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer is required along W, Cherry Lane, designated as an arterial street, landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. 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. Meridian City Council Meeting Agenda February 13, 2018 – Page 226 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 5 The proposed residential development will provide another housing option in this portion of the City adjacent to existing low-medium density residential uses. Staff is unaware of how “affordable” homes in this development will be. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north (O’Conner Avenue). In addition, because staff anticipates that the parcels to the west will redevelop in the near future; staff recommends two additional stub streets to the west and one to the south as part of the project. These stub streets will provide for greater connectivity in the area once those parcels are redeveloped. Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) The existing driveway access to Cherry Lane, an arterial street, should be removed. The new public street connection to Cherry Lane, has been reviewed and approved by ACHD. City Staff is also supportive of the location of N. Bonita Avenue; no additional access points to Cherry Lane should be allowed. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21.Existing homes that are to remain will also be required to connect to City services. Protect existing residential properties from incompatible land use development on adjacent parcels.” 3.06.01F) The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed development. 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) The applicant is proposing to construct five-foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The pathways master plan shows a 10-foot multi-use pathway along the irrigation facilities that run along the north boundary of the site. With the understanding that it is impractical to run a 10-foot pathway from the west boundary of the property to Black Cat Road, staff has proposed a different route that would achieve the same objective (See Exhibit A.7). Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern. (5.01.01D) The applicant has indicated a desire to keep the irrigation facilities as open. The UDC requires that any open irrigation facilities be tiled or landscaped as a water amenity or linear open space. The applicant will need to landscape the irrigation facilities in accord with the requirements of the UDC. In accord with the above-stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the MDR FLUM designation if Council approves a “step up” in density for this development. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are Meridian City Council Meeting Agenda February 13, 2018 – Page 227 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 6 distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be installed in accordance with the open space requirements in effect at the time of final plat application will be applied. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family dwellings. F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the Incline Village Subdivision (Instrument No. 106151230). Because the applicant’s desire for the property does not match what was approved and required with the previous development agreement, the applicant has applied to modify the existing development agreement to update the development plan and building elevations. The new plan consists of 60 residential lots and 7 common lots. With a recent property boundary adjustment one of the existing homes was split off and excluded for the proposed preliminary plat. However, this home is still part of the recorded development agreement. Staff has reviewed the recorded development agreement and finds that this home should be required to hook-up to City services; close the existing access to Black Cat and take access from the new public street being extended with the proposed development even though it is not part of the plat. The new DA should include the proposed development plan and any changes required and building elevations included as attached exhibits. See Exhibit A.5 for Staff’s recommended DA provisions. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 60 building lots and 7 common lots on 18.99 acres of land in the R-4 zoning district. The plat is proposed to develop in 4 phases as shown in Exhibit A.2. The average lot size is 9,250 square feet (s.f.) with a minimum lot size of 8,000 s.f. in accord with UDC standards. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5 and the block length standards listed in UDC 11-6C-3F. Staff has reviewed the proposed plat and found it in compliance with the dimensional standards of the district, but not in compliance with the maximum block length standard of 750 feet in residential districts or 1,000 feet where a pedestrian pathway is provided or with 450 feet for cul- de-sacs. N. Bonita Avenue measures approximately 1,040 feet on the west side of the street and Meridian City Council Meeting Agenda February 13, 2018 – Page 228 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 7 does not have a pedestrian pathway. Additionally W. Bellevue Court and W. Filoli Court both measure approximately 470 feet in length. These streets all fail to meet the requirements of UDC- 6C-3F. Staff suggests the following revisions to the plat: Provide three additional stub streets for the project, one to parcel # S1204438650, one to parcel # S1204438700, and one to parcel # S1204449100. The applicant shall submit a revised plat to staff reflecting these required changes at least ten days prior to the City Council hearing. Access/streets: Access to the two northernmost homes is currently provided from a private access easement to/from Black Cat Road. The existing home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is proposing to remove this existing access and to provide access to all of the dwellings within this development via internal public streets. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (N. Bonita Avenue), and extend O’Conner Avenue into the site from the north. The applicant is proposing a mixture of 5-foot attached and detached sidewalks throughout the development. With the exception of the three stub streets that staff is requiring to the west and south, staff is generally supportive of the proposed street system. ACHD has not submitted comments and conditions back to the City for this project. However, City Staff has spoken with ACHD staff about this project and does not believe that there are any significant changes to the plat that will be required from the District. ACHD’s conditions will be included in Exhibit B once they are received by the City (prior to Council). The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat as noted above. Fencing: For the internal common lots the applicant shall provide fencing consistent with the fencing standards set forth in UDC 11-3A-7.The developer shall install the fencing to distinguish the common from private areas in accord with UDC 11-3A-7A.7. Temporary fencing shall be installed during construction and a detailed fencing plan should be submitted with the final plat. Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-5 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. The applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S1204449040. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the Cherry Lane, and another section of the 10-foot regional pathway along the north side of the property. Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi-use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road. Both pathways must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The applicant shall provide a revised landscape plan at least ten days prior to Council. The proposed 5-foot pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary. Both lie within a 60-foot wide Settlers Irrigation District easement. Meridian City Council Meeting Agenda February 13, 2018 – Page 229 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 8 The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Settlers Canal and Safford Sublateral to remain open due to their large capacities. The applicant proposes to provide a bridge over both for a vehicle/pedestrian crossing. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. The existing trees that are to remain should be protected during construction on the site. Sidewalks and parkways: A detached sidewalk shall be constructed along the entire frontage of W. Cherry Lane with the applicable phase of development. The applicant is also proposing a mixture of attached and detached sidewalks through the development. Per UDC 11-3A-17E, all parkways are required to be 8 feet in width. The applicant shall revise the landscape plan to meet this requirement. Landscaping, Open Space and Amenities: The applicant is proposing 1.89 acres (10%) of open space for the development. The applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for the subdivision. The applicant shall provide detailed open space calculations at least ten days prior to the City Council meeting. Additionally staff feels that with the number f homes proposed for this development, and because the location of the proposed development is relatively far from other amenities, that the applicant provide an additional qualifying amenity for the subdivision. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 04/07/17) 3. Proposed Landscape Plan (dated: 03/20/17) 4. Building Elevations 5. Development Agreement Provisions for Burlingame Subdivision 6. Multi-Use Pathways exhibit Meridian City Council Meeting Agenda February 13, 2018 – Page 230 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 9 B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda February 13, 2018 – Page 231 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 10 Exhibit A.1: Vicinity/Zoning Maps Meridian City Council Meeting Agenda February 13, 2018 – Page 232 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 11 Exhibit A.2: Proposed Preliminary Plat (dated: 04/07/17) Meridian City Council Meeting Agenda February 13, 2018 – Page 233 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 12 Exhibit A.3: Proposed Landscape Plan (dated: 03/20/17) Meridian City Council Meeting Agenda February 13, 2018 – Page 234 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 13 Exhibit A.5: Building Elevations Meridian City Council Meeting Agenda February 13, 2018 – Page 235 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 14 Meridian City Council Meeting Agenda February 13, 2018 – Page 236 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 15 Exhibit A.5: Development Agreement Provisions for Burlingame Subdivision 1. That all future uses shall not involve uses, activities, 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 61 60 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That the applicant construct a multi-use pathway on Lot 25, Block 3, as shown on the revised preliminary plat. 9.8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 10.9. The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Meridian Road prior to the City Engineer’s signature on the first final plat. 11.10. That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. Meridian City Council Meeting Agenda February 13, 2018 – Page 237 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 16 Exhibit A.6 Multi-Use Pathways Exhibit Meridian City Council Meeting Agenda February 13, 2018 – Page 238 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 17 B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151230 shall be amended to include a new concept plan, new building elevations and to modify certain provisions of the existing development agreement. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. A final plat application shall not be submitted until the DA is signed and approved by City Council. The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.4 and Exhibit A.5. 1.1.2 The applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the frontage of parcel# S1204449040. 1.1.3 The irrigation retention pond shall be designed in accord with UDC 11-3G-3B8. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 04/07/17, shall be revised as follows prior to the Planning and Zoning Commission meeting: a. The applicant shall provide three additional stub streets for the project, one to parcel# S1204438650, one to parcel# S1204438700, and one to parcel# S1204449100. The applicant shall submit a revised plat to staff at least ten days prior to the City Council hearing. b. Ten days prior to City Council, the applicant shall provide a revised plat showing compliance with block length requirements as set forth in UDC-6C-3F. c. The parkways are required to be 8 feet in width. Please revise the plat to show this requirement. d. Revise the plat to provide access to 5136 W. Cherry Lane from N. Bonita Avenue. Prior to signature on the first final plat, the access from 5136 W, Cherry Lane shall be relinquished. e. Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi -use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road.stub to the east property line in line with the existing easement. f. The applicant shall connect the existing homes to city utilities prior to signature on the final plat that the specific home lies within. 1.1.2 The landscape plan included in Exhibit A.3, dated 03/20/17, shall be revised as follows: a. At least ten days prior to the City Council meeting, the applicant shall submit a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. At least ten day prior to the City Council meeting, the applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S1204449040. c. At least ten day prior to the City Council meeting, the applicant shall revise the landscape plan to meet the parkways requirements as set forth in UDC 11-3A-17E. d. Depict the reconfiguration of the plat as required above in condition #1.1.1a and #1.1.1c. e. Landscaping is required along the multi-use pathway that is required to cross through the plat. This landscaping shall be installed in accord with the standards listed in UDC 11-3B-12C. Meridian City Council Meeting Agenda February 13, 2018 – Page 239 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 18 f. If the applicant is counting the common lot along the north side of the project as qualified open space, the area shall be landscaped in accord with UDC-3G-3. The applicant also has the option of requesting a waiver from City Council to leave them open. g. The applicant shall provide one additional qualifying amenity for the subdivision. 1.1.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11- 2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 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. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Meridian City Council Meeting Agenda February 13, 2018 – Page 240 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 19 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stub should be provided to service 5120 & 4920 W Cherry Lane either east from N Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. 2.1.2 The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stub in N. O’Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. 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. Meridian City Council Meeting Agenda February 13, 2018 – Page 241 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 20 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections 208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Meridian City Council Meeting Agenda February 13, 2018 – Page 242 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 21 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public 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 comments on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Meridian City Council Meeting Agenda February 13, 2018 – Page 243 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 22 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ½” outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Cul-de-sacs require a 96-foot radius. 4.5 All entrance and internal roads and alleys shall have a turning radius of 28’ inside and 48’ outside radius. 4.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all-weather surface are required before combustible construction is brought on site. 4.7 The proposed 64-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 186 residents at build out. 4.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10 foot multi-use pathway as per the Meridian Pathways Master Plan connecting Black Cat Road to the west boundary. A pedestrian pathway easement shall be recorded for the required pathway. Coordinate with Jay Gibbons, Meridian Pathway Project Manager for details. 6.2 Coordinate with Elroy Huff, City Arborist for tree mitigation requirements on the development property. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval (DRAFT) 7.1.1 Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. 7.1.2 Dedicate 48-feet of right-of-way from the section line on Cherry Lane. 7.1.3 Construct a 5-foot wide concrete sidewalk along Cherry Lane abutting the site. The sidewalk should be located a minimum of 41-feet from the centerline of Cherry Lane. 7.1.4 Extend O’Connor Avenue south into the site. 7.1.5 Construct stub streets to 5200 W. Cherry Lane and 5120 W. Cherry Lane. Install a sign at the terminus of both of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” Provide a temporary turnaround for all stub streets greater than 150-feet in length. 7.1.6 Construct Bonita Avenue, Floribunda Avenue and O’Connor Avenue as 33-foot street sections with rolled Meridian City Council Meeting Agenda February 13, 2018 – Page 244 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 23 curb, gutter and 5-foot wide sidewalk within 47-feetof right-of-way. 7.1.7 If the applicant chooses to construct a detached sidewalk, the applicant shall construct an 8-foot wide parkway strip, and provide an easement encompassing the entire area between the right-of-way line and 2- feet behind the back edge of the sidewalk. 7.1.8 Construct Filoli Court and Bellevue Court as 29-foot street sections with rolled curb, gutter and 5-foot wide concrete sidewalk within 43-feet of right-of-way. 7.1.9 Provide written fire department approval for construction of the 33-foot and 29-foot street sections. 7.1.10 Install “NO PARKING” signs on one side of the street on Filoli Court and Bellevue Court. 7.1.11 Construct the cul-de-sacs with a minimum turning radius of 45-feet at the terminus of Filoli Court and Bellevue Court. 7.1.12 Re-design or install traffic calming measures on Bonita Avenue to slow traffic and improve pedestrian safety. 7.1.13 Cherry Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 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 Standards unless Meridian City Council Meeting Agenda February 13, 2018 – Page 245 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 24 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. Meridian City Council Meeting Agenda February 13, 2018 – Page 246 of 372 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 25 C. Required Findings from Unified Development Code 1. 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; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to 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; Council finds that public services will be provided to the subject property upon development. See Exhibit B of the Staff Report for more information from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, 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; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda February 13, 2018 – Page 247 of 372 Meridian City Council Meeting Agenda February 13, 2018 – Page 248 of 372 Meridian City Council Meeting Agenda February 13, 2018 – Page 249 of 372 Meridian City Council Meeting Agenda February 13, 2018 – Page 250 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4L Project/File Number: Item Title: Award of Change Order No. 5 to JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" project for a Not - To -Exceed amount of $57,707.03. Meetinq Notes 12 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/Aq N/A N/A Goodstanding 14336-u-1,2,3 6/30/2018 I. PROJECT INFORMATION Yes 5 18 2/8/2018 Public Works Dept WRRF Liquid Stream Capacity Expansion - CHANGE ORDER NO. 5 V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION n/a February 8, 2018 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart VII. TASK ORDER SELECTION (Project Manager to Complete) City requested changes 12/23/2018 Award based on Low Bid Highest Ranked Vendor Selected $57,707 Clint Dolsby If yes, has policy been purchased? Jim Cox/JC Constructors III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 96151 10601.D TASK ORDER RFP / RFQ BID Meridian City Council Meeting Agenda February 13, 2018 – Page 252 of 372 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 2/8/2018 Re: February 13 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13 th City Council Consent Agenda for Council’s consideration. Award of Change Order No. 5 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $57,707.03. Recommended Council Action: Approval of Change Order No. 5 to JC Constructors, Inc. for the Not-To-Exceed amount of $57,707.03 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda February 13, 2018 – Page 253 of 372 IDIA.N.�- CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 63642 CHANGE ORDER CHANGE ORDER NO. 5 PROJECT NO. 10601.D CHANGE ORDER DATE: 2/1/2018 EFFECTIVE DATE: 2/1/2018 CONTRACTOR: JC Constructors Inc. PROJECT: WRRF liquid Stream Capacity Expansion The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) Please see attached sheet. WHO REQUESTED THE CHANGE ❑ City Q Contractor WHY IS THE CHANGE NECESSARY Check off that apply [] Unforeseen / Hidden Conditions Q Scope Change F-1 Error with the Plans and/or Specifications ❑ Other - doscribe below Explanation: This change order includes Change Proposal Requests (CPR) 17, 21, 22,42 50 and 52. Please see attached sheet. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply [j The worts is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. ❑ Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous ❑ Emergency Work to correct unsafe conditions. ❑ Other - describe below Explanation: (attached additional pages If needed) Page 1 of 2 CHANGE IN CONTRACT PRICE: $35 565 000.00Original Contracl Price CHANGE IN CONTRACT TIMES: Originalcontrad Tirnes: 896 days No. 1 to No- 4 Nel changes from previous Change Orders $14,068.51d-erafteft EirErffi ettil/.-- Nor. drdro dd.. tuibr lso Net changes form previous Change Orde.s (catendar daF) No 1loil6 1 Noi. cna€E o.d6 d,nb.6 rs. 56 days N6t lncrea6s (docreasg) of this Change Ordgr: $57,707.03 E.rd doa.' eold or lhb rn.n{. dd.r Net lncroase (docreaso) ofthis Changs Order: (carendardays) 0 days Total Change (lncrease / decrease) to date $71 Total Days (lncrease /decrease) to date: (calerdar daF) New Contract Price with all Approved Change Orders: $3s,636,775.54 New Contract Times with all App.oved Change Ordels: (calendar days) 952 days ACCEPTED: (Contractgt) By: 7tt fi$Al-ll- PPROVEO: (city Purcnas,ng z/r s 2"lZDate By: Keith Watts Oate: RECOMMENDED: (City ProFct Manager) sv q---.L..-JS oate: 2f 5 1,3 0'J4 onre neeaoveo aXfouNctL (tf required) NO SIGI'JATURE REQUIREO OA]E METHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICATION: Please see atlached sheet Purcliasing Use Only Budget Available (Attach Report) Budget lnformalion: Budget FY Date Submitted to Clerk tor Agends: Purchase order No /9 - O Zg 9 tb Amendment. e/ey' a Approval Date:e r$ Date lssued z/r< /to Page 2 of 2 775.54 56 days I t3 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: --- ___. $35,565,000.00 Original Contract Times: 896 _ days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 4 No 1 to No. 4 Nole chwgc order rumtr_rs hero $14,068.51 Nolc rha;yc ade, ranters hero 56 days Ent" doilar amouni 01 chanaos here Not Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $57,707.03 0 days nter dogs, amounl of 1 �, cmgo a cr Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $71,775.54 56 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $35,636,775.54 952 days APPROVED: (City Purchas'ng Manar-r) ACCEPTED: (jColntract ) By: Keith Waits By: Date: Date: RECOMMENDED: ((City Project Manager) DATE APPROVED BYE OUNCIL (If required) By: NO SIGNATURE REQUIRED Date: 2 S I I $ DATE METHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICATION: Please see attached sheet. Purchasing Use Only Budget Available (Attach Report) Budget Information: Budget FY Amendment: Date Submitted to Clerk for Agenda: Approval Date: Purchase Order No. Date Issued: Page 2 of 2 Ghange Proposal Requests (GPR) and Fleld Orders CPR #17 Primary Sludga Hatch Root Curbs Descriplion Summary: The height of the roof curbs is insuff,cient to allow drainage channels around the roof hatches on this building. Reason for change: The actual curb heights needed to be increased approximately 8-inches to match the hatches Cost Negotiation Process: JC submitted CPR '17 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. Finat Cost= $3,578.46Days= 0 CPR #21 Chem-rcal Building Float Switches Description Summary: Add a float switch in the acetic acid fill station sump. Reason for change: During construction it was identified ttat an additional float switch was needed for the acelic acid fill station sump to maintain a minimum water level in the sump to capture vapors. Cost Negotiation Process: JC submitted CPR #21 to the City PM, City inspector, and B&C for their review and commenl. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. Final Cost= Days= t889.25 0 Meridian City Council Meeting Agenda February 13, 2018 – Page 256 of 372 CPR #22 Blower VFDs Description Summary; Work Change Directive #3 was issued to clarify the location of the VFDS in the Blower Building electrical room and to remove local control stiations for the IMLR pumps in the blower building. Reason for change: During the review of the IMLR submittal is was discovered that the VFDS were not shown properly on the P&lD and Eleckical drawings. Cost Negotiation Process: Jc submitted cPR #22 to the cily PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. Final CosF $27 ,'lO7.g4 Days= 0 cPR #42 RAS Transfer Subgrade Repair Description Summary: Excavation of unsuitable material from the subgrade of the RAS Transfer $tation and replace it with skuctural fill. Reason for change: Unsuitable materual was discovered while excavating the subgrade for the RAS Transfer Station. Cost Negotiation Process: JC submitted CPR #42 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work- The CPR cost was approved. Flnat Cost= gZ ,S7l.B4Days= 0 Meridian City Council Meeting Agenda February 13, 2018 – Page 257 of 372 CPR #50 Drain Pump Gulde Rail Assembly Description Summary: This change is for the addition ofthree additional guide rails for the drain pumps in aeration basins 6, 7, and 8. Reason for change: The plans and specs were not specific on lhe need for four guide rail assemblies for the drain pumps. Cost Negotiation Process: JC submitted CPR #50 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. Finat cost= $11,010.80Days= 0 CPR #52 Rotameter Description Summary: Provide a rotameter with an integral flow control valve and an additional isolation valve on the 1.5" ACS pipe feeding RAS/WAS Stataon #2. Reason for change: During the review ot the chemical piping submltal is was determined that an additional rotameter would be warranted for improved acetic acid flow control lo RASMAS Station #2. Cost Negotiation Process: JC submitted CPR #52 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the r€viewers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. Final Cost= $7,542.74Days= 0 Meridian City Council Meeting Agenda February 13, 2018 – Page 258 of 372 l,PROJECT Meridian WRRF Liquid Stream Capacity Expansion CONTRACTOR 3.PROJECT NO 20'l Change Proposal # 17 5,CONTRACT NO: 17 -0146 6,PROPOSAL DATE 6-Oec-17 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: lncrease the PSPS roof hatch (five total hatches) top of curb elevation lo 2557.17 and install conduit to allow the roof hatch to drain as shown in detail A and section 'l on sheet 5-270-704 per Field Order 10. EXPLANATION: lncreasing the top of curb elevation was necessary to allow the roof hatch to drain correctly. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDE RSIGNED CONTRACTOR 1. Direcl labor M labor fringes (Attach supponing detailestjmates with man-hours and rates) 3. lnsurance and Labor Taxes 4. OHEP on Direcl Labor + lnsurance and Labor Taxes @ 15% 5. Mate als. Detailed quantities attached. 6. OH&P on Materials @ 15% 7. Equipment. Detailed quantities attached. 6. OHAP on Equipment @ 15% $1,628.09 $350.82 $296.84 $886.50 $132.98 $ $ JC Constructors Proposal Cost $3,295.21 B. For work to be performed by subcontractors, per proposals and delailed breakdowns (see attached breakdown) 1. SUBCOMTRACTORNAME Western States Rebar supply and install rebar $253.82 TOTAL SUBCONTRACTOR AMOUNT lINCLUONG SUB OH&P)$253.82 coNTRACTORS COMMTSSION ON TOTAL SUACONTRACTOR AMOUNT (s%)$12.69 ooNTRACTORS BONO COST @ $s06h000 $16.7 4 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+Bs) $3,578.46 JC CONSTRUCTORS, INC. PRIN|ED NAME ON PROPASAL December 6 2017 CHANGE PROPOSAL REQUEST Page 1 JC CONSTRUCTORS UNITS OF WORK: Complete work on a lump sum basis. Meridian City Council Meeting Agenda February 13, 2018 – Page 259 of 372 DESCRIPTION OF ADDITIONAL WORKi lncrease the PSPS roof hatch (five total hatches) top of curb elevation to 2557.'17 and install conduit to allow the roof hatch to drain as shown in detail A and section 1 on sheet 5-270- 704 per Field Order '10. EXPLANATION: lncreasing the top of curb elevation was necessary to allow the roof hatch to drain correctly UNITS OF WORK: Complete work on a lump sum basis 17 JC CONSTRUCTORS, INC. Change Proposal Request # Date: 6-Dec-17 Scope oI change: LABOR Carpenter Operator: Crane/ Excavator Operator: Dump Truck Superinlendenr Projecl Engineer Hours Hours 3.00 30.00 0.00 0.00 0.00 5.00 1.00 2.OO 1.00 Labor Rate w/Fring€ Labor Rate w/Frange Labor Rate w/Fringe Labor Rale w/Fnnge Labor Rare dFringe Labor Rate w/Fringe Labor Rate WFringe Labor Rate dFringe Labor Rale vFringe 129.81 1,068.12 0.00 0.00 0.00 145.16 70.00 130.00 85.00 $ 43.27 s 35.60 s 39 99 s 34.s1 $ 36 70 $ 29 03 s 70.00 $ 65 00 $ 8s.00 IOIAL LABOR COSTS INCLUDING LABOR FRINGES 1.628.09 I/]ATE R IAL TOTAL MATERIAL COSTS FOR CHANGE ORDER 886 50 Equipment Descriplion Equipment Description Equipment Descriplion Equipment Description Equ pment Descriplion Equ pment Descriplion Equlpmelt Desc plion 320 Cat Exc 950 Cat Loader haul/dump lruck Est u$ge Est Usage Est Usage Est Usage Est Usage Est U$ge Est Usage 0 Daily Rate: 0 Daily Rale: 0 Daily Rale: 0 Daily Rale: 0 Paily Ralel 0 Daily Rale: 833 214 55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 IOTAL EOUIPI\,IENT COSTS FOR CHAN RDER 0.00E t\,laterial are lisled below or delailed malerial sheets are allached - Desc.iption Unil Buy form mat'l sl Buy conduil ls Buy concrete CY Buy sacupatch sf Concrete pump rental CY Unil Price $2.00 $120 $115 $0.10 $25 Tolal $330.00 s120.00 $345.00 $16.50 s75.00 OTY 165 1 3 165 3 Olher direcl materialnot specilically included in detalled lake-otf - Co^sumables. etc ncllded in above maierial cosls 0.00 Page 2 0.00 EQUIPMENT Meridian City Council Meeting Agenda February 13, 2018 – Page 260 of 372 JC CONSTRUCTORS,INC. Change Proposal Request # 17 Date: 6-Dec-'17 Scope of change: DESCRIPTION OF ADDITIONAL WORK: lncrease the PSPS roof hatch (five total hatches) top of curb elevation lo 2557.17 and install conduit to allow the roof hatch to drain as shown in detail A and section 1 on sheet S-27O-7O4 per Field Order 10. EXPLANATION: lncreasing the top of curb elevation was necessary to allow the roof hatch to drain correctly. UNITS OF WORK: Complete work on a lump sum basis. Break Out Labor Costs Reqular TimeDescriptionUnit $/U n it Cost 1 Concrete crew 2 HR 43.27 129.81 3 Carpenter 30 HR 35.60 1068.12 4 Laborer 5 HR 29.03 145.16 5 6 Proiect Manaqer 1 HR 85.00 85.00 7 Superintendent 1 HR 70.00 70.00 8 Project Enqineer 2 HR 65.00 '130.00 1,628.09 Page 3 Quantity Foreman 3 Meridian City Council Meeting Agenda February 13, 2018 – Page 261 of 372 LABOR RATES Foreman Carpenter Operator: Cranel Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.15 $ 0.81 $ 39.27 $ 23.00 $ 6.41 $ 0.69 $ 0.88 $ 0.62 $ 31.60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73 $ 3s.99 $ 22.00 $ $ $ $ 6.41 0.66 0.85 0.59 $ 30.51 $ 24.00 $ 6.41 $ 0.72 $ 0.92 $ 0.65-$ 3z7o $ 17.00 $ 6.41 $ 0.51 $ 0.65 $ 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ 25 50 $ 4.00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ 1 .25 1.50 L25 $4 00 $ $ $ $ '1.25 '1.50 1.25 $4 00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 1.25 s 4 00 Grand Total Wages & Labor Burden Overtime Rate (with fringe) $ 43.27 $ 62.23 $ 35.60 $ 50.29 $ 39.99 $ s7.11 $ 34.s1 $ 48.58 $ 36.70 $ 51.99 $ 29.03 $ 40.05 FlCAy'Medicare (subject to OT) Worker's Comp lns (subject to OT) SUI/FUI Liability lnsurance Total lnsurance Burden $ 3.00 $ 4.91 $ 0.71 $ 1.57 $ 10.19 $ $ $ $ $ 8.20 $ 2.75 $ 4.50 $ 0.65 $ 1.44 $ 9.34 $ $ $ $ 2.33 3.81 0.55 1.22 $7 92 $ $ $ $ 2.50 4.09 0.59 1.3'1 $ 8.48 $ $ $ $ 1 .91 3.13 0.45 1 .00 $ 6.49 Page 4 2.42 3.95 0.57 1.26 Meridian City Council Meeting Agenda February 13, 2018 – Page 262 of 372 WESTEBN STATES REBARl T^frSn-Change Order #4 R1 IIIEIIIID FABEICATION INC 05103t17 (R1 11t06t17)Date: Gustomer Name: Attention: Job Name: Release: JC Constructors l/latt Newkom lt/leridian WRRF JH-13'16 Description Extra cost as per field order #'1 0 Amount: (roof curb for the primary sludge roof) Rebar FOB: $ 1+Z.OO Rebar lnstallation. $98.00 Tax: Delivery: Total: $8.82$o$ 2s3.82 Comments: Please sign and return as soon as possible to authorize work: Authorized Signature: Print: Title: P.O. Number: '1525 W. Stone Field Way - Pleasant View, UT 84414 (801) 737 -3777 - (801) 737 -9797 - F ax Meridian City Council Meeting Agenda February 13, 2018 – Page 263 of 372 01 26 OO-C. FIELD ORDER FORM Field Order No. 010 Date of lssuance: Aptil28,2Oa7 Owner: City of Meridian Contractor: JCConstructors Engineer: Brown and Caldwell Project: WRRF Liquid Stream Capacity Expansion Effective Date: Aptil 28, 2Oa7 Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Article 10, for minor changes in the Work without changes in Contract Price or Contract Times. lf Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. 5-270-0701 - Section 1: S-27O-O704 - DetailA and Reference: 08 31 20 Section 1 Specification(s)Drawing(s)/ Detail(s) Description: At the Primary Sludge Pump Station (PSPS), the concrete curbs that support the roof access hatches need to be raised to allow for the hatch drain pipe to be routed to the roof. Raise the elevation of the top of the concrete curbs from 2556.50 to 2557 -77 (7'-2" above the high point of the roof). Revise the curb reinforcing as required. Provide an elbow from each hatch drain coupling to direct drainage through the curb to the PSPS roof (see attached conceptual sketch). Attachments: Conceptual sketch showing curb and elbow with a Bilco access door RECEIVED By: Engineer Title: ProjectEngineer Signature)Contractor (Authorized Signature) Title: Date:Daret 4/28/L7 By: Meridian City Council Meeting Agenda February 13, 2018 – Page 264 of 372 Conceptualsketch for Field Order No. 01O sIAr |ISS SIIE!st H tocl{ AuIot ATtc HO{.}oPEn ARi.r FRA E OPEI{IN6 V'II,IH RElr.loytlt E COVER FIUO lEriov al'.E SQUAnf XEY TTRE'ICH , Stondord Type 3lA Stoinlas Stcel Hordwore oPTtoMt- @,{TIM'|OUS EPDrr oEBRtS 0 axEt 1./8. Ota tGoPRfi{E BUlrFEn Ooimi Ogs Arl. AAOUNDAUMIIUM C|I^IIIEL RA,iIE w/ BEc€ss€o ^fffioR! STANTISS S'IEEL(ocK sTftXE B€}ID DolW Al{cflo l(tf REQ'O) 1 1/2. OM't{ couPutac sr JNt.Esi $€€t srfitcumt{G Mlc,u$Sn . ALUMINUM P ITEN PU\IE COVER HEAV'T BJTY FOMEDsruruss srra xfuots 3 7n' l89rnm) u 7u76'(Xitt h) rl II Top oI curb EL = 2557 .17 3' TO Elbow (match halch supplier drain coupling size) Conceptual - Not to Scale br-- Y Meridian City Council Meeting Agenda February 13, 2018 – Page 265 of 372 1PRO.]FCT Meridian WRRF Liquid Stream Capacity Expansion 2,CONTRACTOR JC CONSTRUCTORS 3 PROJECT NO 201 Change Proposal # 21 5,CONTRACT NO: 17-0'146 6.PROPOSAL DATE +Dec-17 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: lnstall a float switch in the acetic acid sump to open/close the solenoid valve to maintain a minimum water level within the sump to capture vapors. EXPLANATION: This item was requested by the Engineer in FO 009 UNITS OF WORK: Complete work on a lump sum basis COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labo. W labor fringes (Atlach supporting detailestimates with man+Eurs and rat6s) 3- lnsurance and Labor Taxes 4. OH&P on Direct Labor + lnsurance and Labor Taxes @ 15% 5. Materials. Delailed quanlilies attached. 6. OH&P on Materials @ '15% 7. Equipmenl. Delailed quanlities attached. 6. OH&P on Equipment @ 15olo 270.OO 73.20 51.48 $ $ Jc constructors Proposal Cost $394.68 B. For work to be performed by subcontractors, per proposals and detailed breakdowns (see attached breakdown) 1. SUBCONTRACTOR NAM E Challenger Companies, lnc.Electrical subcontractor $469.00 TOTAL SUACONTFACTOR AMOUNT (INCLUDING SUB, OHAP):s 469.00 3 coNInAcIoRs coMMrssroN oN ToTAf suBcoNTRACToR aMouNT (5%)S 23.45 CoNTRACTORS BOND COST @ 15 05/10O0 s 2.12 C. TOTAL INCREASE OR OECREASE OF CONTRACT PRICE - {A8+Bs)$889,25 JC CONSTRUCTORS. INC PRIN|ED NAME ON PROPOSAL CHANGE PROPOSAL REQUEST Page 1 nraa*rq,L/-December 4. 2017 Meridian City Council Meeting Agenda February 13, 2018 – Page 266 of 372 JC CONSTRUCTORS, tNC. Change Proposal Request # Date: 4-Dec-17 Scope of change: See page 1 21 LABOR Calpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricator Superintendent Prcjecl Engineer Project Manager 0.00 0.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 Labor Rate w/Fringe Labor Rate Fdnge Labor Rate w/Fringe Labor Rate #Fringe Labor Rate MFringe Labor Rale Fringe Labor Rale w/Fdnge Labor Rate VFringe Labor Rate WFringe $ 34.51 $ 36.70 $ 29.03 $ 70.00 $ 65.00 $ 85.00 0.00 0.00 0.00 0.00 0.00 0.00 140.00 130.00 0.00 $ 43.27 $ 35.60 $ 39.99 TOTAL LABOR COSTS INCLUDING LAEOR FRINGES 270_OO MATERIAL Malerial are listed belowor detailed material sheets are attached - Oescrlption Unit Other direcl malerial nol specifically included in detailed take-off - Consumables, elc. Freight trom vendorto job sile if not akeady included in above material costs. Tota 0.00 QTY Unit Prce IOTAL MATERIAL COSTS FOR CHANGE ORDER 0.00 EQUIPMENT Equipmenl Description Equipmenl Descnption Equipment Descnplon Equipment Descriplion Equipment Descriplion Equipment Descriplion Equipment Descriplion Esl lJsage Est Usage Esl Usage Est Usage Est lJsage Est Usage Esl Usaoe Rate Rate Rate Rate Rate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OTAL EOUIPI\,4ENT ER 0.00 Page 2 Hours Hours Hours Hourc Hours Hours Meridian City Council Meeting Agenda February 13, 2018 – Page 267 of 372 JC CONSTRUCTORS, INC. Change Proposal Request # Date: Scope of change: See page 1 21 4-Dec-17 Break Out Costs Regular TimeDescriptionQuantityUnit $/Unit Cost 1 Project Enqineer 2 HR 65.00 130.00 2 Superintendent 2 HR 70.00 140.00 3 4 5 6 7 270.00 Ir II I-II Page 3 Meridian City Council Meeting Agenda February 13, 2018 – Page 268 of 372 LABOR RATES Foreman Carpenter Operator: Cranel Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ $ $ $ 6.41 0.90 1 .15 0.81 $ 39.27 $ 23.00 $ 6.41 $ 0.69 $ 0.88 $ 0.62 $ 31.60 $ 27.00 $ $ $ $ 6.4'l 0.81 1.O4 0.73 $ 35.99 $ 22.00 $ $ $ $ 6.41 0.66 0.85 0.59 $ 30.51 $ 24.00 $ $ $ $ 6.4'l o.72 0.92 0.65 $ 32.70 $ 17.00 $ $ $ $ 6.41 0.51 0.65 0.46 $ 2s.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ 25 50 25 $ 4.00 25 50 25$ 4.oo $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ I .25 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 1 .25 $4 00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 Grand Total Wages & Labor Burden Overtime Rate (with fringe) $ 35.60 $ 50.29 $ 39.99 $ 57.11 $ 34.51 $ 48.58 $36 70 $ 51.99 $ 29.03 $ 40.05 FICA/Medicare (subject to OT) Worker's Comp lns (subject to OT) SUYFUI Liability lnsurance Total lnsurance Burden $ 3.oo $ 4.91 $ 0.71 $ 1.57 $ 10.19 $ $ $ $ 2.42 3.95 0.57 $ 8.20 $ $ $ $ 2.75 4.50 0.65 1.44 s I 34 $ 2.33 $ 3.81 $ 0.55 $ 7.92 $ $ $ $ 2.50 4.09 0.59 1.31 $ $ $ $ 1.91 3.13 0.45 '1.00 $6 49 Page 4 $ $ $ $ $ 43.27 $ 62.23 $ 8.48 Meridian City Council Meeting Agenda February 13, 2018 – Page 269 of 372 01 26 OO.C. FIELD ORDER FORM Field Order No. 009 Daie of lssuance: Aptn 28,2077 Owner: City of Meridian Contractor: JCConstructors Engineer: Brown and Caldwell Project: WRRF Liquid Stream Capacity Expansion Effective Date: Aptil 28, 2077 Contractor is hereby directed to promptly execute this Field Order, issued in accordance with ceneral Conditions Article 10, for minor changes in the Work without changes in Contract Price or Contract Times. lf Contractor considers that a change in Contract Price or Contact Times is required, submit a Change Proposal before proceeding wilh this Work. Reference: 25 99 L*3.22-B-2 l-39c0008 Specification(s)Drawing(s )/ Oetail{s) Description; Add a new float switch (SCFB2SWH0012 / LSLOO12) to the Acetic Acid Filling Station Sump. This level switch will allo\4 the solenoid valve to maintain a minimum rvater level within the sump to capture vapors. Attachments None IVED: Contractor (Authorized Signature) R By: Engineer Title: Project Manager By: Signature) Dare:4/28/!7 Title: Date:L Meridian City Council Meeting Agenda February 13, 2018 – Page 270 of 372 l4l5 Madison Avenue Nampa, lD 83687 Ph:208.461.0608 Fax: 208.461.0650Challenger Companies, Inc. ELECTRICAL - MEcHANICAL- PLUMBING 335.52 M c12 THHN CU STRANDED Best ltcgards, Joe Castelecutto Challenger Companies, Inc. Total RFC #8 Change:$469.00 rr rr rr . elrr llen!.:cre (,nl or nics. e()n l Datc lt/29 /2017 RFC#IJ Contfactor: -J( i (i)nstructors, Ilc Subconftactof : Challenger Companies, Inc. Proiect Namc Meridian \VRRF Liquid Stream Capacity Ilxpansion Reference:Field Ordcr #009 Description Please see bclorv for cost breakdovn of adding a ncrv float switch (SCFB2S\\rH0012 / LSL0012) to the .r\cctic lcid Filling Station Sump with <luotes and pricing of installation material/labor for rvork requested via Freld order #009. $40.48 Class Rate Houts Total .JI!I,\N/E,LECT $62.00 100.0 %l.00 100.0 %$248.00 Descdption Amount Tax Rate Tax g Markup IrIark-rlp $Total Nlaterials s+ll.l8 6.0 9'"$2..13 15.0%$6.07 $.18.98 Labor s218.00 0.0 %$0.00 0.0%SO $248.00 \\'etco Quote $150.00 0.0 %$0.00 15.0%q7? qo $172.s0 Electncal Licens€ AC4512, HVAC Licnse # C4609, Plumbrng # C 1221. ldaho ConEactor # RCE-7715 Prrblic Works # 12879-AA-l-4( 15700, I 55 I 0. 021 10. 06200, I 3800, I 5 100, I 5400, 07700, 05090. I 6000), Montana Electrical ConFactor # 23 30 Price 1 $720.52 Ext Price 1 Bid Lbr Bid Lbr Ext 400 Extended Price t40.484.OO Totals $62.00 100.0 %4.00 100.0 0h $248.00 Totals $438.48 $2.43 $28.s7 $469.48 Meridian City Council Meeting Agenda February 13, 2018 – Page 271 of 372 riy ,p 0 ?g8 !o WETC0, lNC. I 548 W.9320 South, Sandy UT 84070 fBB&.9os.l soo etcousa.com Meridian WRRF Liquid Steam Expansion Proiect - Field Order 009 - Add Float Switch in Chem ical Feed Buildinq 'c a PER FOEf,IA]IGE UIIDER P RESSUR E'* a Mav 17th ,2017 Provide the Following: . Provide 1 each Level Float Switch. (SCFB2SWH0012/LSL0012) Labor: Work lncludes:. Update Product Submittals.. Add liO to Module Loop Sheet Drawings Field Order $150.00 lncludes Standard Freight Charges and Applicable Sales Tax WETCO - ldaho Public Works License #13104-8-4 (11200, 19A00) SDecificallv t lncluded> Wire Termination of lnstruments provided by WETCO. Wire Terminations at pLC > Conduits, Wire external to the control Panel or Cables except as noted above.I Mechanical lnstallation of lnstrumentation.) Equipment or Services not mentioned above. I WETCO appreciates the opportunity to work with you. We wjll be available at any of the numbers below. Please do not hesitate to call if you have any questions. Office 801- 565-1 360, Cell Phone 801-673-6161. Sincerely, ,4/ar44%eUo Adam Wells )tr t L L ,t \a c Scope of Supplv: Meridian City Council Meeting Agenda February 13, 2018 – Page 272 of 372 l.PROJECT Meridian WRRF Liquid Stream Capacity Expansion 2,CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO 201 Change Proposal , 22 5 CONTRACT NO 17 -0146 6,PROPOSAL DATE lo-Oct-17 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: Challenger will install conduit and wiring for City supplied VFDS as well as future VFDs per WCD#003. No VFD startup services are included for JCC or Challenger Companies, lnc. in this CPR; the City will provide startup services for the VFDs. EXPLANATION: The Engineer directed this work in WCD#003 UNITS OF WORK: Complete work on a lump sum basis. COST SUMMARY A, FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Dtect labor w/ labor fringes (Atlach supporting detail estrmales with man-hours and rates) 3, lnsurance and Labor Tares 4. OH&P on Direct Labor + lnsurance and Labor Taxes @ 15% 5. Materials. Detailed quantilies atlached. 6. oH&P on Materials @ 15% 7. Equipment. Detailed quantilies attached. 6. OH&P on Equipment @ 15% $2,200.00 $559.50 $413.93 $ $ $ $ JC Constructors Proposal Cost $3,173.43 B. For work to be performed by subcontractors, per proposals and detailed breakdowns (see attached breakdown) SUBCONTRACIOR NAME Challenqer Comoanies, lnc Electrical Subcontractor $22.77 4.O0 I O IAt SITBCONTR^CTOR AMOUNI trfrCLlrD.NG SUB OHAP)$22.77 4.O0 coNTR CTORS COMMTSSTON ON rOTAL SUBCON.TRACTOR AMOUNT (5%)$'1,138.70 CoNTRACToRS BOND COSr @ i5 06/1m0 $21 .82 C, TOIAL INCREASE OR DECREASE OF CONTRACT PRICE. (AE+85) $27.107.94 JC CONSTRUCTORS, INC CONTRAC|OR NAME MattA. Neukom PRIN|ED NAME ON PROPOSAL October 10 2017 CHANGE PROPOSAL REQUEST Page 1 ?,/&AAU-- Meridian City Council Meeting Agenda February 13, 2018 – Page 273 of 372 JC CONSTRUCTORS, INC. Change Proposal Request # Date: t0-Ocr-17 Scope of changs: See page 1 LABOR Operaior: Crane/ Excavalor Opelaior: Du mp Truck 0.00 0.00 0.00 0.00 0.00 0.00 10.00 10.00 10.00 $ 43.21 s 35 60 $ 39.99 $ 36 70 $ 29 03 $ 70 00 $ 65.00 0.00 0.00 000 0.00 0.00 000 700.00 650.00 850.00 TOTAL LABOR COSTS INCLUOING LABOR FRINGES 2 200.00 MATERIAL I\,lalerialarc listed below ordelailed maleialsheets are atlached - Doscription OTY Unil Price Other daeci maierial nol specifcally included in delaled tak€-ott - Consumables, etc Frcishtfrom vendorloiob site if not akeady included i. abole mal€rblcosts.000 TOTAL MATERIAL COSIS FOR CHANGE ORDER 000 EOUIPMENT Equipmenl Description Equipmenl Doscription Equipmenl Description Equipmenl Description Equipmenl Desciption Equipment Description Eouioment Descriotion Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage 0.00 000 0.00 000 000 000 000 TOTALEQU PMENT COSIS FOR CHANGE ORDER 000 Meridian City Council Meeting Agenda February 13, 2018 – Page 274 of 372 JC CONSTRUCTORS, INC. Change Proposal Request # Date: Scope of change: See page 1 22 10-Oct-17 Break Out Costs Reqular TimeDescriptionQuantityUnit $/Unit Cost 1 Superintendent - coordination of onsite work 10 HR 700.00 2 Proiect Enqineer - coordination of onsite work HR 650.0 0 3 Proiect [.4anaqer - coordination of onsite work 10 HR 85.00 850.00 4 5 6 7 2,200.o0 II II Page 3 70.00 '10 65.00 I Meridian City Council Meeting Agenda February 13, 2018 – Page 275 of 372 LABOR RATES Carpenter Operator: Cranel Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ $ $ $ 6.41 0.90 1.15 0.8'1 $ 3S.27 $ 23.00 $ $ $ $ $ 31.60 $ 27.00 $ $ $ $ 6.41 0.81 1.O4 0.73 $ 35.99 $ 22.00 $ $ $ $ 6.41 0.66 0.85 0.59 $ 30.51 $ 24.OO $ $ $ $ 6.41 0.72 0.92 0.65 $ 32.70 $ 17.00 $ $ $ $ 6.41 0.5'l 0.65 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ 25 50 25 $ 4.00 $ $ $ $ 1.25 '1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1 .50 1.25 $4 00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 Grand Total Wages & Labor Burden Overtime Rate (with fringe) $ 43.27 $62 .23 $ 35.60 $ 50.29 $ 39.99 $ s7.11 $ 34.51 $ 48.58 $36 70 $ 51.99 $ 29.03 $ 40.05 FICF/Medicare (subject to OT) Worker's Comp lns (subject to OT) SUUFUI Liability lnsurance Total lnsurance Burden $ $ $ $ 3.00 4.91 0.71 '1.57 $ 10.19 $ $ $ $ 2.42 3.95 o.57 1 .26 $ 8.20 $ $ $ $ 2.75 4.50 0.65 1.44 $ 9.34 $ 2.33 $ 3.81 $ o.5s $ 1.22 $ 7.92 $ $ $ $ 2.50 4.09 0.59 't.31 $ $ $ $ 1.91 3.13 0.45 1.00 $6 49 Page 4 Foreman 6.41 0.69 O.BB o.62 $ 8.48 Meridian City Council Meeting Agenda February 13, 2018 – Page 276 of 372 tI l4l5 Madison Avenue Nampa, ID 83687 Ph: 208.461.0608 Fax:208.461.0650Challenger Companies, Inc. ELECTRICAL - MECHANICAL . PTuNasINc Dute 8/30/2017 RFC# Subconttactor: Challcngcr Companies, loc Project Name I\{eridian \VRRF Liquid Stream Capacitl Expansion Rc fcrencc:\\'cD#003 Dcscription Please see belorv f<)r cost brcakdown of thc addition of Ciq of N{etidian supplied VFD's for INILR pumps SAER5PNIP1001, S,,\IlR6PMP1001, SADR7PMP1001, and SAERSPNtP1001. Per \\/CD #003 the local control stations frrr each pump are to be deleted as well as the replacement of the fi.rll voltage non revetsing starters locatcd in SABB2N{CC0001 rvith fceder bteakers, both are credits reflected belorv. r\lso reflected belorv is the change ofthe conductors from each VFD [odgtnaly (3) #8's & (1) #10] to VFD cable pcr project spcciltcations. Overtime rates rvere incurred on 5 / 20 / 17 -5 /21 / 11 to meet concrete pour scheduled to be perfrrrmed on 5 / 22/ 11 .'fhrs rr,as nccessarl to mcet thc subfloor installation as indicated in the \\CD #003 documents. Item Name 1 HR, LABOR (WELD OR FABRICATE) ALUI\,4INUM RACK N/ATERIAL 3/8' 3/4 LOCKNUT l LOCKNUT 3/4 HUB l HUB 1 GRC CHNL STRAP 3/4 GRC/PVC 90 ELBOW 1 GRC/PVC 90 ELBOW 3/4 PVC 40 1 PVC 40 1 PVC BEND 3/4 PVC COUPUNG 1 PVC COUPUNG 3,/4 PVC FEMALE ADPT 1 PVC FEMALE ADPT 3/4 UQUIDNGHT FLEX l UQUIDTIGHT FLEX 3/4 UQUTDIGHT FIEX CONN l UQUIDNGHT FLEX CONN 3/8-15 X 1 1/2 CAP SCREW 3/8 X 7-7/2" FENDER WASHER 1/2" tAG EXP. SHIELD Quantity 32.00 3,100.00 10.00 16.00 5.00 10.00 16.00 10.00 24.00 143.05 354.62 32.00 10.00 16.00 20.00 32.00 20.00 40.00 8.00 16.00 50.00 50.00 8.00 Price 1 $0.00 $1.00 $15.03 $19.70 $913.2s $1,073.60 $136.03 $L6.22 $1,900.00 $18.02 $28.36 $0.00 $23.7s $20.u $2s.13 $52.33 $12s.00 $376.80 $379.63 $1,250.3s $25.55 $ss.40 $83.24 Bid Lbr Ext 32.00 0.00 0.86 1.60 0.90 2.00 0.64 3.00 8.40 4.29 14.18 3.20 0.90 1.62 1.80 3.23 0.60 1.20 0.72 1.60 0.00 0.00 0.52 Extended Price $0.00 $3,100.00 $1.s0 $3.1s $4s.66 $107.36 $2t.76 $1.52 $456.00 $2s.78 $100.57 $0.00 $2.37 $3.30 $s.03 $19.94 $2s.00 $1s0.72 $30.37 $201.66 $13.28 $27 .70 $6.66 U Ext Price I $0.00 $3,100.00 $1.s0 $3.1s $4s.66 $107.36 $27.76 $1.62 $456.00 $25.78 $100.57 $0.00 $2.37 $3.30 $s.03 $19.94 $2s.00 $1s0.72 $30.37 $201.66 $13.28 j27.70 $6.65 U E x C c c c c c c c c E c c c c C C c c x x c x E c C c c c c c c c x c c c C C c C c C c c u u u .challr:n rrcrc( 'rnnan ics.com Elechcallrcense#(45l2.llvA( I icensc 4 ('4609. Plumbme#( 1221. kliho ( onlraclor # RCE-7715 l,uhlc \\irrls 4 l:1i79 AA,1,4(15700. 15510,02110,06200. l3U(x). l5l(X), 1 5400. 07 700, 05090, 1600()), N4onrrna LleciricalContractor # 2310 Contractor: JC Constructols, Inc. Bid Lbr 1.00 0.00 8.65 10.00 18.00 20.00 4.00 30.00 3s.00 3.00 4.00 0.10 9.00 10.10 9.00 10.10 3.00 3.00 9.00 10.00 0.00 0.00 6.50 Meridian City Council Meeting Agenda February 13, 2018 – Page 277 of 372 1 5/8 UNISTRUT P1OOO-1OGR 3/8 . 15/8 UNISTRUT SPRING NUT GRN 2 HOIE ANGLE FITTING 1" PVC-40 UG CONS PVC/GRC 90 14 THHN CU STRANDED 12 THHN CU STRANDED Rest Regards, Joe Gastelecutto Challenger Companies, Inc. 50.00 50.00 15.00 214.62 7t5.27 3,482.20 $22s.38 $66.81 $s7.72 $0.00 $47.U $341.24 J5.O9a-24 4.50 2.50 7.20 0.00 2.75 13.93 107.54 c C C a M C c C c X M M Total RFC #7 Change:$22,77 4.00 Class Rate Hours Total .JNLdN/E,LE,CT $62.00 100.0%36.51 100.09i,fi2,265.18 .lNrAN/Er-EC]' (o/1)$e3.00 I00 001,39.00 100 001,$3,627.00 ]\IFI-I I/\\'E,LDI]R $62.00 100.0%32.00 100.(r, ,,$1,98.1.00 Description Arnount Tax Tax $MarLtp Mark-up $Total Nlaterials $s,098.2.1 6.0 0k $30s.89 '15.0% $7 64.7 4 $6,168.87 \rFD Cable 1200' #8Aw(] vFD $12,600.00 6 00h $7s6.00 15.0%$1,890.00 $15,246.00 Labor $7,876.48 0.0 %$0.(x)0.0%iio.00 $7,876.48 \\rctco LCP's -$1,280.00 0.0 "/"$0.00 0.0'tro $0.00 -$1,280_00 (]ES F\NR -$.1,1s6.00 0.0 %$0.00 0.0%$0.00 -S,1,156.00 Conductors 3600'- #8 A\\G 1200'- #10 A\\'G -$1,020.00 6.0%-$61.20 0.0%$0.00 -s1,081.20 $450.77 $133.63 $384.82 $0.00 $66.60 $98.91 $225.18 $66.81 $51.12 $o.oo $41.64 $34L.24 $5,098.24 9.00 s.00 8.00 0.00 3.00 4.00 'Iotals 700.0 "1 107.51 100.0 %,$7,876.48 Totals $19,778.72 1,000.69 2,6s4.74 $22,77 4.15 Meridian City Council Meeting Agenda February 13, 2018 – Page 278 of 372 ,iP ,p _t ?0 c WETCO, lNC. I 548 W.9320 South,Sandy UT 84070 1"88&.S65:1360 etco u sa. co m Meridian WRRF Liouid m Expansion Proiect - Work Chanqe Directive #003 - Remove LCP Control Stations for ) , PER FORTIIAlIGE UII D ER PRESSURE" the 4 Mixed Liquor Return Pumps June 1sth, 2017 Scope of Supplv: Remove the 4 Local Control Stalions from Pumps SAERSPMP1001, SAER6PMP1001, SAERTPMPlOO.I, SAER8PMP1OO1. Field Order sa,Deduct of ($1.280.00) lncludes Standard Freight Charges and Applicable Sales Tax WETCO - ldaho Public Works License #13104-8.4 (11200, 13800) Soecificallv lncluded> Wire Termination of lnstruments provided by WETCO. Wire Terminations at PLC; Conduits, Wire external to the control Panel or Cables except as noted above.i Mechanical lnstallation of lnstrumentation.> Equipment or Services not mentioned above. Sincerely, ,ilan 7,/e/14 Adam Wells WETCO appreciates the opportunity to work with you. We will be available at any of the numbers below. Please do not hesitate to call if you have any questions. Office 801- 565-1 360, Cell Phone 801-673-61 61. t l ( a tL7 \L Labor: Work lncludes:. None. Meridian City Council Meeting Agenda February 13, 2018 – Page 279 of 372 l.PROJECT Meridian WRRF Liquid Stream Capacity Expansion 2.CONTRACTOR JC CONSTRUCTORS 3,PROJECT NO 201 Change Proposal# 42 5 CONTRACT NOr 't7-0146 6,PROPOSAL DATE 10-Oct-17 DESCRIPTION OF CHANGE EXPLANATION: JCC requested MTI to approve subgrade of native material. MTI found subgrade unacceptable and directed the removal of unsuitlable soils. UNITS OF WORK: Complete work on a lump sum basis COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGI'IED CONTRACTOR 1. Direct labor W labor fringes (Attach supporting detail estimates with man-hours and rales) 3. lnsurance and Labor Taxes 4. OH&P on Direct Labor + lnsurance and Labor Taxes @ 15% 5. Malerials Detailed quantilies attached. 6. OH&P on Materials @ '15% 7. Equipment. Detailed quanlities attached. 6. OH&P on Equipment @ 15% $1,302.54 $303.71 $240.94 s 275.00 $41.25 $4,675.00 $701 .25 JC Constructors Proposal Cost $7,539.68 B. For work to be performed by subcontraclors, per proposals and delailed breakdowns (see attached breakdown) 1 SUSCONTFACTOR NAME 2 IOIAL SUBCONIRACTOR Ai/OUNI (INCLUDING SUA OHTP):$ 3 coNTRACTORS COMM TSSTON ON TOrAL S UACONTFTACTOR AMOUNT (5%)$ CoNTRACTORS SONO COSr @ $5.06/1000 $ c. ToTAL TNCREASE OR DECREASE OF CONTRACT pRtCE - (A8+85) $7 .577 .84 JC CONSTRUCTORS, INC CO,I|RAC|OR NAT,iE Matt A. Neulom PRINIED NAME ON PROF>OSAL October 10,2017 Page 1 DESCRIPTION OF ADDITIONAL WORK: Excavate unsuitable material from beneath the RAS Transfer Station subgrade and backfill the area with structural fill. No material costs are included for the '171 CY of pitrun used for this work because the materials were produced from onsite excavations. lf JCC is required to import pitrun material in the future, JCC will request payment for these materials. CHANGE PROPOSAL REQUEST Meridian City Council Meeting Agenda February 13, 2018 – Page 280 of 372 JC CONSTRUCTORS, INC. Change Proposal Request# 42 Date: 10-Oct-17 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Excavate unsuitable material from beneath the RAS Transfer Station subgrade and backfill the area with structural fill. No material costs are included for the 171 CY of pitrun used for this work because the materials were produced from onsite excavations. lf JCC is required to import pitrun material in the future, JCC will request payment for these materials. EXPLANATION: JCC requested l\.4T1 to approve subgrade of native material. MTI found subgrade unacceptable and directed the removal of unsuitlable soils. UNITS OF WORK: Complete work on a lump sum basis. LABOR Carpenler Operator: Crane/ Excavator Operator: Dump Truck Fabricator Laborer: Common Superinlendent Projecl Eng neer Projecl I\4anager 11.50 0.00 11.50 10.00 0.00 0.00 0.00 0.00 0.00 Labor Rale w/Fringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate WFringe Labor Rate w/Fringe Labor Rate w/Fringe 497.62 0.00 459.83 345.08 0.00 0.00 0.00 0.00 0.00 s 43.27 s 35 60 $ 39 9S $ 34.51 $ 36.70 $ 29.03 s 70.00 $ 65 00 $ 8s 00 1,302.54TOTAL LABOR COSTS INCLUDING LABOR FRINGES 4,675.00 MATERIAL TOTAL MATERIAL COSTS FOR CHANGE ORDER EOUIPMENT '1375.00 925.00 1350.00 165.00 750.00 1'10.00 0.00 Equ pment Description Equipment Description Equipment Descripiion Equipment Description Equipment Description Equipmenl Descriplion EquiDment Description 320 Cat Exc 950 Cat Loader haul/dump truck roler dozer water truck Est Usage Est Usage Est Usage Est Usage Esl Usage Esl Usage Esl Usage 5 Hourly Rate 5 Hourly Rate 15 Hourly Rate 3 Hourly Rate 5 Hourly Rate 2 Hourly Rate Rate: 4,675.00TOTAL EOUIPI\,4ENT COSTS FOR CHA RDERE i,,laterial are lisied below or delailed material sheets are attached - Description Unil Slructural Fill - no cost for onsile native pitrun CY Dlesel Gal Qry 171 100 lJnil Price $o $2.75 Tolal $o.oo $275.00 er direct malerial not speciflcally included in delailed take-ofI - Consumables, etc ob site if not a read included n above matenalcosts 0.00 Page 2 Hours Hours Hours Hours Hours Hours Hours Hours Hours 275.40 275 185 90 150 55 Meridian City Council Meeting Agenda February 13, 2018 – Page 281 of 372 JC CONSTRUCTORS,INC. Change Proposal Request # 42 Date: 10-Oct-17 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Excavate unsuitable material from beneath the RAS Transfer Station subgrade and backfill the area with structural fill. No material costs are included for the '171 CY of pitrun used for this work because the materials were produced from onsite excavations. lf JCC is required to import pitrun material in the future, JCC will request payment for these materials. EXPLANATION: JCC requested MTI to approve subgrade of native material. MTI found subgrade unacceptable and directed the removal of unsuitlable soils. UNITS OF WORK: Complete work on a lump sum basis. Break Out Labor Costs Regular TimeQuantityUnit $/Unit Cost Description 1 Excavate unsuitable maletial 8-24-17 6.5 HR 43.27 281 .272 3 Operator - Excavator 6.5 HR 39.99 259.9'l 4 5 Backfill overexcavalion 9-12- 17 6 Foreman 5 HR 43.27 216.36 7 Operator - Excavator 5 HR 39.99 199.93 B Operator - Dump Truck 10 HR 34.51 345.08 I 1,302.54 Page 3 Foreman Meridian City Council Meeting Agenda February 13, 2018 – Page 282 of 372 LABOR RATES Fore man Carpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health Insurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.15 $ 0.81 $ 39.27 $ 23.00 $ $ $ $ 6.41 0.69 0.88 0.62 $ 31.60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73 $ 35.99 $ 22.00 $ 6.41 $ 0.66 $ 0.85 $ 0.59 $ 30.s1 $ 24.00 $ $ $ $ 6.41 0.72 0.92 0.65 $ 32.70 $ 17.00 $ $ $ $ 6.41 0.51 0.65 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ .25 .50 .25 $4 00 $ $ $ $ 1.25 1.50 1.25 S 4 00 $ $ $ $ 1.25 1 .50 1 .25 $ 4.00 $ $ $ $ 1.25 1.50 1 .25 $ 4.00 $ $ $ $ 1.25 '1.50 1.25 $4 00 $ $ $ $ 1.25 1.50 1.25 s 4 00 Grand Total Wages & Labor Burden Overtime Rate (with fringe) $ 43.27 $ 62.23 $ 35.60 $ 50.29 $ 39.99 $ 57.11 $ 34.51 $ 48.58 $ 36.70 $ 51.99 $ 29.03 $40 05 FICA'/Medicare (sub.ject to OT) Worker's Comp lns (subject to OT) SUUFUI Liability lnsurance Total lnsurance Burden $ 3.00 $ 4.91 $ 0.71 $ 1.57 $ 10.19 $ $ $ $ 2.42 3.95 0.57 1.26 $ 8.20 $ 2.75 $ 4.50 $ 0.65 $ 1.44 $ 9.34 $ $ $ $ 2.33 3.81 0.55 1.22 s 7 92 $ 2.50 $ 4.og $ 0.59 $ 1.31 $ 8.48 $ $ $ $ '1.91 3.13 0.45 1.00 $6 49 Page 4 Meridian City Council Meeting Agenda February 13, 2018 – Page 283 of 372 Au 2017 Company authorizing additional work: Description of work performed: JC Constructors, lnc. lut JCC & Clear S nn s Foods for Meridian Hauled out 516 ards of unsuitable/soft material a Meridian LSCE roximatl two to three foot below su rade elevation as directed MTl. Don Hill ins ected the work. Labor Req'd: Employee's Name Date of Work Cost Code Rate Hours Total Cost Bert Huddleston 24-Aug 2100.41 mass ex 5 Brian Fisher 24-Aug 2100.41 mass ex 5 Bert Huddleston 24-Aus 2100.40 dewatering 1.5 Brian Fisher 24-Aug 2100.40 dewatering $ I $ Materials and equipment Used: Item Description Date of lnvoice Cost Code Material TotalsQuantityUnit Price $ 320 Excavator 24-Aug 5 Brow Volvo Dump Truck 24-Aug $ Terex T1 Truck 24-Aug 3 b Dewatering Pump 24-Aus $ $ $ S PMTitle: Date: 10-10-2017 Project Name: Date of work: Daily Field Work Order Job #: signed: 7-*( /Zl-4 Total Mat'l/Equip:S lnvoice Total:S Meridian City Council Meeting Agenda February 13, 2018 – Page 284 of 372 Meridian Re-use Job #:201 :I d na Daily Field Work Order I work: Project Name: Date of work: Company authorizing additiona Description of ,work performed: yee's NameEmplo D6r Vr'ork Cost ,3ode Rate Labor Re t) Hours Total Cost -\t,5 lr 5 c 5 Total Labor: tion Cost C:ode Quant Unit Price To tals s Material Su lier I Materials Used: lnvoice ate -9:ll-r'r t,( A-. lt R L,Slt,5 h.'q lr -5 h.,Q 5 A':s o e Total Material: lnvoice, Total: Si ned Date: Title: Jim Cox 24-Jun JC Constructors, lnc. Q-ll-n o $ $ s l"-. $-l Meridian City Council Meeting Agenda February 13, 2018 – Page 285 of 372 l PROJECT Meridian WRRF Liquid Stream Capacity Expansion 2 CONTRACTOR JC CONSTRUCTORS 3 PROJECT NO 201 Change Propose # 50 5,CONTRACT NO: 17 -0146 6 PROPOSAI DATE 12-Dec-17 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: Provide three guide rail assembly systems for the alternate locations of the drain pump in A-Basin 7, 8, and 9. EXPLANATION: The plans did not specify providing the guide rails at these locations. RFI #188 clarified that they were necessary. UNITS OF WORK: Complete work on a lump sum basis. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMEO BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ laborfringes (Altach supporting detail estimates with man-hoLrrs and rates) 3. lnsurance and Labor Taxes 4. OH&P on Direct Labor + lnsurance and LaborTaxes @ 15% 5. Materials. Delailed quantities atlached. 6. OH&P on Malerials @ '15% 7. Equipment. Detailed quanlilies atlached. 6. OH&P on Equipment @ 15% $2,436.57 $915.77 $502.85 q 5,442.06 $81 6.31 $732.O0 $109.80 JC Constructors Proposal Cost $10,955.37 B. For work to be performed by subcontractors, per proposals and detailed breakdowns (see attached breakdown) SUBCONTRACIOR NAME 2 TOTAL S UBCONTRACIOR AMOUNT (INCLIJDING SUB, OH&P):$ 3 CONTRACIORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNI (5T)$ CoNIRACTORS BOND COST @ S5.06/1000 $55.43 c. ToTAL TNCREASE OR OECREASE OF CONTRACT pRtCE - (A8+85) $1 1 ,01 0.80 JC CONSTRUCTORS, INC. CONfRACfOR NAME iilatt A. Neukom PRINIEO NAME ON PROPASAL Oecembet 12.2017 CHANGE PROPOSAL REQUEST Page 1 7,,tuA/LU-- Meridian City Council Meeting Agenda February 13, 2018 – Page 286 of 372 JC CONSTRUCTORS, INC. Change Proposal Request # 50 Date: 12-Dec-'17 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Provide three guide rail assembly systems for the alternate locations of the drain pump in A-Basin 7, 8, and g. EXPLANATION: The plans did not specify providing the guide rails at these locations. RFI #188 clarified that they were necessary. UNITS OF WORK: Complete work on a lump sum basis LABOR Foreman Carpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricalor Laborer:Common Superintendenl Project Engineer Project Manager Hours HoLrs Hours Hours Hours Hours Hours Hours Hours Labor Rate w/Fr nge Labor Rate w/Fr nge Labor Rale w/Fringe Labor Rate w/Fr nge Labor Rate w/Fr nge Labor Rale w/Fr nge Labor Rate w/Frlnge Labor Rate w/Fringe Labor Rate w/Fringe 3.00 0.00 0.00 0.00 54.00 0.00 1.00 0.00 3.00 129.81 0.00 0.00 0.00 1,981.76 0.00 70.00 0.00 255.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 2,436 57 732.00 MATERIAL TOTAL MATERIAL COSTS FOR CHANGE ORDER 5 442.06 EOUIPMENT Equipmenl Descriptron Equipment Descr pt on Equjpment Description Equlpment Description Equipment Description Equ pment Description Equipment Description 320 Cat Exc 950 Cat Loader haul/dump truck roller dozet forklift Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage 275 185 90 55 150 55 244 0.00 0.00 0.00 0.00 0.00 0.00 732.00 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate 3 DailyRalel TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 732 0A I\raterial are listed below or detailed material sheels are atlached - oescription Unit CH Spencer + lax LS Misc materials/tools EA Unil Price $5,142 $100.00 Total $5,142.06 $300.00 oTv 1 3 Other d rect material not specifically included in dela led take-off - Consurrables, etc ht from vendor lo ob site il not alread included in above materalcosts 000 $ 43.27 $ 35.60 $ 39.99 $ 34.51 $ 36.70 $ 29.03 $ 70.00 $ 6s.00 $ 8s.00 Page2 Meridian City Council Meeting Agenda February 13, 2018 – Page 287 of 372 JC CONSTRUCTORS,INC. Change Proposal Request # 50 Date: 12-Dec-17 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Provide three guide rail assembly systems for the alternate locations of the drain pump in A-Basin 7, 8, and 9. EXPLANATION: The plans did not specify providing the guide rails at these locations. RFI #188 clarified that they were necessary. UNITS OF WORK: Complete work on a lump sum basis Break Out Labor Costs Regular TimeQuantityUnit $/Unit Cost Description 1 lnstall three quide rail pump assemblies,2@28'& 1 @ 26'tall Mbase elbows 3 43.27Foreman 54 1981 .76Fabricator 70.00170.00Superintendent 3 85.00 255.005Project l\.4anager 2,436.57 I Page 3 36.70lr* l,.,-t-IHR = HR |_,,n-----_l 6 E Meridian City Council Meeting Agenda February 13, 2018 – Page 288 of 372 LABOR RATES Foreman Carpenter Operator: Crane/ Excavator Operator: Dump Truck Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.1s $ 0.81 $ 39.27 $ 23.00 $ $ $ $ 6.41 0.69 0.88 o.62 $ 31.60 $ 27.00 $ $ $ $ 6.41 0.81 1.04 0.73 $ 35.99 $ 22.00 $ $ $ $ 6.41 0.66 0.85 0.59 $ 30.51 $ 24.00 $ $ $ $ 6.41 0.72 0.92 0.65 $32 70 $ 17.00 $ $ $ $ 6.41 0.5't 0.65 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Train ing $ $ $ $ 1.25 1.50 1.25 $4 00 $ $ $ $ 1.25 1.50 1.25 $4 00 $ $ $ $ 25 50 $ 4.00 $ $ $ $$ 4.00 $ $ $ $ 25 50 $ 4.00 $ $ $ $ 1.25 1.50 't.25 $4 00 Grand Total Wages & Labor Burden Overtime Rate (with fringe) $ 36.70 $ 51.99 FICA'/Medicare (subject to OT) Worker's Comp lns (subject to OT) SUUFUI Liability lnsurance Total lnsurance Burden $ s.00 $ 4.91 $ 0.71 $ 1.57 $ 10.1 I $ $ $ $ 2.42 0.57 1.26 $ 8.20 $ $ $ $ 2.75 4.50 0.65 1.44 $ 9.34 $ $ $ $ 2.33 3.81 0.55 1.22 $7 92 $ 2.50 $ 4.og $ 0.59 $ 1.31 $ 8.48 $ $ $ 1 .91 3.13 0.45 $ 1.00 $ 6.4s Page 4 Fabricator t.zc 1.50 1.25 _$_t3_2? _$_6r.r3 $ 35.60 $ 50.29 $ 39.99 $ 57.11 $ 34.51 $ 48.58 $ 29.03 $ 40.05 Meridian City Council Meeting Agenda February 13, 2018 – Page 289 of 372 UNLI} 3600 E Newby Street Nampa, ldaho 83687 Phone: 208-442-6407 Fax: 20A-442-6414 To: Attn: Dat6: Reference JC Constructors Matt Neukom 141U2017 GRA Adder WRRF Liquid Stream Capacity Expansion C.H. Spencer LLC is pleased to offq. the following proposal for pioducts and services as dstined in this scope leller lor lhe above referencsd proioct. l: EQUIPIVENT DESCRIPTION Additional Bases for Section 43 2'l 0'l Submersible Non-Cloq Wastewater PumDs with Discharoe Nozzles 6 lnches in Diameter and Smaller Qty. (3) Guide Rail Assemblies- SS lJpper Brackets- lntermediate Brackels- 304 SS Guide Rails C.H. Spencer's scope of supply ends at the suction and discharge fanges of the pump and at the termlnal boxes of the motor. lnstallation, wiring, anchor bolts, foundations, templates, miscellaneous piping not integral with the pumping equipment, extemal lubrication piping systems and instrumentation, valves. gauges, controls, motor starter, finish paint at the job site, unloading and movement of equipmenl at site, storage, assembly of equipment at site, field testing and orl seismic analysis, and commissioning, switch gear, and other miscellaneous items required for installation and proper operation of the proposed equipment which are not specillcally noted above are not included with this proposal. lntermediate bearjng supports for intermediate shafting are to be provided by others. Any bolts, nuts or associated hardware required for motors, pumps or pump cans is not part of C.H. Spence/s Scope ofSupply. Any type of lubricatjon or oil required forthe equipment described above is not part of C.H Spencer's Scope ofSupply ll: APPLICABLE SPECIFICATIONS: lnstallation is not included in C.H Spencer's Scope ofSupply Field Service and Start-Up has been included in the pricing ofthe equipmenl listed above for one eight-hour day. lf additional time on site is required the rate will be $1,500.00 per each 8-hour day. Any type of Alignment including laser Alignment is not Part of C.H. Spencer's Scope of Supply unless specifically called in our Scope of Supply. Alignment must be performed per manufactures O&M Manual, if these procedures are not followed wananty will be void on equipment listed above. lt is not C.H. Spencer's responsibilily to certify alignment on equipment unless alignment is performed by C.H. Spencer. The speciflcations listed above are the only specifications that shall apply to this proposal either directly or by reference. Any specification that is not specifically included as part of this proposal is excluded from this offering. Furthermore, any item that is not listed above is not part of C.H. Spencer's Scope of Supply. any item required by specifcation and not listed above is not part of C.H. Spencer's Scope of Supply. Any additional specillcation or Drawing required is not pad of C.H. Spencer's Scope oI Supply. v: SERVICES: Listed Above Vl:SCHEDULES Submittal drawings and procedures for approval will be available within (24) weeks after date of CH Spencer's order acknowledgement; provided that C.H. Spencer LLC has received a written, technic.lly c.mplete. clmmercially acceptable purchase order and all ofthe required design information from the customer. Any delay after '15 days on returning the approval submittals from the customer may impact the price and/or equipment delivery schedule. Please allow an estjmated 12-16 weeks for delivery to job site trom date olengineering approval. Vll: PRICING: C H Spencer is pleased to offer the following pricing for the above referenced project Total Page l of4 $4,851.00 il C.H. Spencer LLC Meridian City Council Meeting Agenda February 13, 2018 – Page 290 of 372 Pricing does not include taxes, FOB point of manufacture with freight pre-paid and allowed. Pricing does not include any State, Sales, Use and/or other laxes as may be applicable lo this project. Vlll: ESCALATION: The prices as quoted will be held firm through the quoted delivery period provided C.H. Spencer LLC has received a written, technic€lly complete, commercially acceptable purchase order from our customer and all the submittal data has been retumed approved to C.H. Spencer LLC within the 30 days from the date submitted and the equipment has been released to manufacture. IX: TERMS AND CONDITIONS: This proposal is valid for acceptance through (15) days from referenced bid date and is subject to the attached CH Spencer terms and conditions. lf there are any differences between the CH Spencer terms and any part of the bid specifcations, then the CH Spencer terms shall apply and take precedence. C.H. Spencer will not be responsible for any form of bacl charges or liquidated damages or any form for the above referenc€d project. C.H. Spencer will be willing to negoliate final terms and conditions with the awarded cont actor after the bid date. Contractor will be liable for fees associated with Submiftals if conkact is lerminated prior to release ordelivery ofequipment to lhe job site. C.H. Spencer's tull set of terms and conditions can be found at U4a4{-qbsp9&e!@0 and wilt appty to this offering in tu . X: WARRANTY: The Manufactures standard warranly as per the attached terms and conditions shall apply to this proposal. Any form of push/pull charges associated with project due to warranly is not part of C.H. Spencels Scope of Supply. Xl: TERMS OF PAYMENT: C.H. Spencer & Company terms of payment for this proposal is net 30 days from the date of invoice unless stated otheMise above, subject to our Credit Department approval All equipment will be invoiced on the date ofshipment. Partial shipments and partialpayments are to be allowed. Very truly yours, Matt Clemens Sales Engineer C.H. Spencer LLC Our Standard Terms and Conditions as stated at the end of this quotation apply and are a parl ofthis proposal Date Signature for C.H. Spencer LLC X Firm Name Signature Date Page 2 of 4 Acc€pted by (type name) x Meridian City Council Meeting Agenda February 13, 2018 – Page 291 of 372 C.H, SPENCER TERMS & CONDITIONS General: These Purchase Terms and Conditions form a part defined or referenced as the Agreement. ln case of conflicts and discrepancies between Agreemont and any other document, the parties' intent shall be inferred from the Agreement document read as a whole and the most strict and stringent clause or requirement of any paat ofthe Agreement shall control, unless specifically stated otherwise. The Agreement relerence will supersede all related documents, including but not limited to, invoices, packing slips, delivery receipts, and colrespondence. 2 Acceptance: BUYER shall be bound by this Agreement when it commences any performance hereunder. This Agreement expressly limits acceptance to the terms and conditions staled herein, including any and all attachments, exhibits, or other documents referenced. SELLER's conditions shall be deemed accepted in their entirety by commencement of any work hereunder or upon Iailure to notify SELLER in writing ofexceptions within five (5) business days from date of issuance ofthis Agreement, whichever occurs first 3 Termination for Convenience of B[rYER. gUYER retains the right to suspend or terminate this Agrcement or any part thereof for its sole conveni€nce. ln the event of such termination, SELLER shall immediately stop all work hereunder, and shall immediately cause its suppliers or subcontaactors to cease such work. BUYER will be responsible for reasonable terminalion charge consisting of a percentage oI the Agreement price reflecting the percentage ofth€ work properly delivered prior to the notice of termination plus actual direct costs resulting from lermination, including cancellation charges directly associated wilh costs for items that are in production at time of cancellation. SELLER shall not be paid for any work done after receipt of the notice of termination which SELLER could reasonably have avoided, nor for any costs incurred by SELLER's suppliers or subcontractors which SELLER could reasonably have avoided. Termination for Cause: BUYER may also terminate this Agreement or any part hereot for cause in lhe event of any default by the SELLER or ilthe SELLER fails to complywith any ofthe terms and conditions ofthis Agreement. Late deliveries, delivery ot goods which are delective or which do not conform to this Agreement, and tailure to provide BUYER upon request of reasonable assurance of future performance shall all be causes allowing BUYER to terminate this Agreement for cause. ln the evenl ot termination for cause, BUYER shall not be liable to SELLER for any amount and SELLER shall be liable to BUYER for any and all damages sustained by reason of the termination. Proprietary Information, Confidentiality, and Advertising: BUYER shall consider all information furnished by SELLER to be confidential and shall not disclose any such information for any purpose other than performing lhis Agreement, unless BUYER obtains writlen perrnission ftom SELLER to do so. This restriction shall apply, but not be limited to, articles, drawings, specification, or olher documents prepared by SELLER for BUYER in connection with this Agreement. SELLER shall not advertise or publish the fact that BUYER has contracled to purchase goods or services from SELLER, nor shall any information relating to the Agreement be disclosed without BUYER's written permission. Unless otherwise agreed in writing, commercial, financial or technical information disclosed in any manner or at any time by SELLER to BUYER shall be deemed secret or conlidenlial.. Costs lncluded in Price: Unless otherwise specified, the price staled on this Agreement includes all charges and expenses of SELLER, including but not limited lo packing, boxing, cartage, and any and all applicable taxes of Iederal, state, local government including, but not limiled to, duty, excise lax, sales and use tax, occupational tax, processing tax, and manulacturing tax. SELLER agrees to accept in lieu of any tax that may be included in this Agreement, a tax exemption certificate or olher evidence acceptable to the federal, state or local government and to reduce the price stated herein by the amount ot such exempt tax. Liens or Claims: The SELLER has the righ( to Iile a lien on the Proiecl, then to the extent of any payments made,. SELLER agrees as part of this Agreement, and for the consideration herein set forth, that SELLER will execute a general release waiving, upon receipt of final payment by SELLER, all claims, except lhose claims previously made in writing to BUYER and remaining unsettled at the tifte of final payment. 6. 5. 10. 11. 7 8.Af{irmalive Action: SELLER warrants that the goods and/or services covered by lhis Agreement will be produced in compliance with the requirements of applicable labor and employment laws, regulations, and orders. Remedies: Each of the rights and remedies reserved by SELLER in this Agreement shall be cumulative and additional to any other or further remedies provided in law or equity or in this Agreement. Assignments and Subcontracting: No par( ofthis Agreement may be assigned or subcontracted without the prior written approval of SELLER. Seloff: No claims for money due or to become due from BUYER shall be subject to d€duction or set off by lhe BUYER by reason of any claim arising out of this or any olher transaction without the prior approval ofthe SELLER. 12. Shipment: Delivery charges are the responsibility of the BUYER. All freighl will be shipped FOB Shipping point unless alternative agreements are assigned. 13. Delivery: Time is an important consideration ofthis Agreement. Deliveries of goods and/or rendering of services are to be made both in quantities and at terms sp€cified on the face hereof, or upon release schedules furnished against this Agreement. 14. Title, RiskofLoss and Storage: Unless otherwise stated in this Agroement, title to lhe goods shall pass lrom SELLER to BUYER and/or Owner upon shipment and initial receipt of the goods by carrier. BUYER shall be responsible tor loss or damage to work in transil and a!l goods to be furnished hereunder BUYER will be responsible for required storage of all goods ifspecified. . 15. Applicable Law: The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws ofthe State ot LJTAH. 16 Compliance wiih Laws: ln accepting this Agreement SELLER warranls lhat il has and will continue during the performance of this Agreement to comply rvith the applicable provisions of all federal, state and local laws and regulations including, but not limited to:. Fair Labor Standards Act ot 1938, as amended.. The Equal Employment Opportunity clause in Section 202 of Executive Order (E.O.) '11246, as amended and the implemenling rules and regulations (41 CFR) which are incorporated herein by relerence, unless this Agreement is exempled by atiles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of E.O. 11246 or provisions of any supsrseding E.O. Page 3 of4 Meridian City Council Meeting Agenda February 13, 2018 – Page 292 of 372 20 1T 18 19 21 22 23 24 The Afllrmative Action tor Handicapped Workers Clause in (41 CFR, Part 60, Sub Section 741.4) and the imptementing rutes and regulations of the Department of Labor associated therewith which are incorporated herein by reference, unless this Agreement is under US$2,500. The Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Clause (41 CFR, Part 60, Sub section 250.4) and the implementing rules and regulations of the Department of Labor associated therewith which are incorporated herein by reference, unless this Agreement is under US$10,000. Notice: All notices required to be given hereunder shall be deemed to be duly given by person delivering such notice or by mailing it, via reregistered or certified mail as follows. Notice to SELLER shall be at lhe address recorded on the face of this Agreement. Notice to Bl.rYER shall be to the address appearing on the face of the Purchase Document. Savings: lf any provision oI this Agreement is determined to be unenforceable or in contravention of any applicable taw, such provision shall be doemed modified to lhe minimum extenl required to bring such provision into compliance with said law. Entire Agreement: This Agreemenl, including as applicable SELLER's proposalto the BUYER, constitutes the entire agreemenl betlYeen SELLER and BUYER and supersedes all prior or contemporaneous communications, representations, or agreements, oral or written, with respect to its subject matter, Any additional or different terms in SELLER's terms or proposal are hereby expressly rejected. INSURANCE AND CLAllvlS. : It Supptier is,equired to maintain insurance, such insurance shall not exceed the tollowing requirements (i) general liability insurance in an amount up to $5,000,000 per occurrence; (ii) motor vehicle insurance with a combined single limit of $2,000,000; (iii) worker's compensation as required by applicable law and (iv) employer's liability insurance in an amount up lo $1,000,000. ln addition, iI Supplier is required to waive subrogation, Purchaser shallwaive all subrogation claims DISPUTE RESOLUTION. Promptly after idenlification oI a "claim" (a demand for monetary compensation or damages or time extension, arising from or relating to the Project), BUYER and SELLERS designated represenlatives shall meet and attempt to reach agreement upon a reasonabler compromise resolution of the claim. lf any claim not involving the Owner remains unresolved after this attempt, BUYER & SELLER agree promptly to submit the matter to mediation by an experienced, mutually acceptable mediator within one hundred twenty (120) calendar days after the meeting ot the pa(ies' representatives, unless the parties both agree upon a longer period of time. The parties mutually agree that the resolution ofthe Arbitration will be fully binding. The parties shall share equally the mediator's f6e toi lhe mediation. INDEMNIFICATION OF SUPPLIER: To the extent thal the Contract contains any indemnification of Purchaser by Supplier, Supplier,s indemnification obligations are conditioned upon, and limited to lhe extent of, Supplier's fault and shall be limited to claims by third-parties. Supplier's indemnity obligations specifically exclude damages or costs ot any and all kinds r€lated in any way to any mafter that is covered by Suppliea's warranty (which warranly shall be Buyer's sole remedy for all such matters). Any indemnification o, Buyer by Supplier for infringement of intellectual property specifically excludes (i) any product that is fLlrnished in accordance with Buyer,s drawings, designs, specifications and/or directions, (ii) infringement by any subcontractor designated by Buyer, (iii) any claim ot patent infringement relating to the incorporalion of the product(s) into any other product or process and (iv) Buyer,s modification of theproduct(s). CoNSEQUENTIAL DAMAGES: Neither party shall be liable to the other party for any indirect, cons€quenlial, incidentat, speciat,punilive or exemplary damages or loss, of any kind, including, without limitation, any loss of business, lost prolits or interruption of service (even if such party has been advised ot the possibility ot such damages or such damages could have been reasonably foreseen by such party). The total liability of the parties under this Agreement afler Purchaser's payment of the purchase price for the product(s) shall be limited to the amount of such purchase price as the exclusive remedy ofthe non-breaching party. \\'ARRAn" I \ : Supplier warrants all Products as to material and workmanship and that the Products shall conform to the specifications, drawings, and designs provided by Purchaser, if any. Supplie/s sole obligation under this warranty shall be to rcpair or replace any non-contorming goods. Upon the reasonable request oI Supptier, Purchaser will return any dereclive part(s) or Product(s) to Supplier THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, OR CONDITIONS, WRJTTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRAN.TIES, OR CONDITIONS, OF MERCHA-IiTABILITY OR FITNESS FOR A PARTICULAR PURPOSI, ALL OF WIIICH ARE HMEBY DISCLAIMED. tn the event ot any breach of warranty by Supptier, Purchaser shall: (i) notify Supplier of the nature of the breach; (ii) provide Supplier wilh accurale and complete information concerning the breach; (iii) provide access to the Products by Supplier and Supplier's agenls and (iv) allow Supplier a reasonable opporlunity to effectuate repairs and/or modifications to the Producls or to otherwise cure the breach. ln th€ event lhat Purchaser does not fulfill the conditions set forth in lhe prec€ding sentence, Supplier shall not be liable for any damages, losses or expenses incurred by Purchaser or any other person in connection with any breach of Supplier's warranty. The original waranty period shall not be exlended by virtue of any intervening warranty claim. Page 4 ol4 Meridian City Council Meeting Agenda February 13, 2018 – Page 293 of 372 l.PROJECT Meridian WRRF Liquid Stream Capacity Expansion 2 CONTRACTOR 3.PROJECT NO 201 Change Proposal# 52 5,CONTRACT NO: 't7 -0146 6,PROPOSAL DATE 4.Ja n-18 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: Provide a rotameter with integral flow control valve (needle valve) and an additional isolation valve on the 1.5" ACS pipe feeding the RASMAS. The flow through this pipe will be 0-20 gpm. Location of the rotameter and isolation valve will be field located inside the Chemical Feed Building in a location that is accessible, visible, and adjustable by operators. EXPLANATION: These additional materials were requested in FO 18 UNITS OF WORK: Complete work on a lump sum basis. COST SUMMARY A. FOR CHANGE WORK OIRECTLY PERFORMED BY THE UNDERSIGNEO CONTRACTOR 1. Direcl labor w/ labor frinoes (Attach supporting detail estimates with man-hours and rales) 3. lnsurance and Labor Taxes 4. OH&P on Direct Labor + lnsurance and Labor Taxes @ 15% 5. Male als. Detailed quanlities attached. 6. OH&P on Materials @ 15% 7. Equipment. Delailed quantities atlached. 6. OH&Pon Equipmenl @ 15% $336.67 $96.1 0 $64.92 $208.98 S S 732.00 $109.80 JC Constructors ProposalCost $1 579.81 B. For work to be performed by subcontractors, per proposals and detailed breakdowns (see attached breakdown) 1 S UACONIRACTOR NAME Challenger Companies Electrical subcontractor $5,670.00 TOIAL S UBCONTRACTOR AMOTJNT (rNCLl.lD NG SUB OH&p)$5,670.00 3 coNlRAcToRs coMMrssroN oN ToTAL SUBcoNTRACTOR AMOUNT (5%)$283.50 CoNTRACTORS BOND COST @ $506/10O0 $9.43 c. ToTAL INCREASE OR DECREASE OF CONTRACT pRtCE - (A8+85) $7,542.74 JC CONSTRUCTORS, INC. CON|RACfOR NAME Matt A, Neukom PRINIED NAME ON PRAPOSAL January 4, 2018 Page 1 JC CONSTRUCTORS GHANGE PROPOSAL REQUEST Meridian City Council Meeting Agenda February 13, 2018 – Page 294 of 372 JC CONSTRUCTORS, INC. Change Proposal Request # 52 Date: 4-Jan-18 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Provide a rotameter with integral flow control valve (needle valve) and an additional isolation valve on the 1 .5" ACS pipe feeding the RASAffAS. The flow through this pipe will be 0-20 gpm. Location of the rotameter and isolation valve will be field located inside the Chemical Feed Buildinq in a location that is accessible, visible, and adjustable by operators. EXPLANATION: These additional materials were requested in FO '18 UNITS OF WORK: Complete work on a lump sum basis. LABOR Carpenter Operator: Crane/ Excavator Operalor: Dump Truck Fabricator Laborer Common Superinlendent Projecl Engineer Projecl Manager Hours Hours Hours Hours Hours Hours Hours Hours Hours Labor Rate Fringe Labor Rale Fringe Labor Rate Fringe Labor Rale WFrinqe Labor Rale Fringe Labor Rate WFringe Labor Rate WFringe Labqr Rate w/Fringe Labor Rate w/Fringe 43.27 0.00 0.00 0.00 73.40 0.00 70.00 65.00 85.00 $ 43.27 s 35.60 $ 3S.99 $ 34.51 s 36.70 5 29 03 $ 70.00 $ 65.00 $ 85.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 336.67 732.00 MATERIAL TOTAL I\,IATERIAL COSIS FOR CHANGE ORDER 208 98 EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 732.00 Equipment Descripiion Equipmeni Descriplion Equipment Descriplion Equipment Descriplion Equipment Descriplion Equipment Descriplion Equipmenl Description 320 Cal Exc 950 Cat Loader hauUdump truck roller dozet waler lruck forklifi Est lJsage Est Usage Esl Usage Esl [Jsage Est Usage Esl Usage Est Usaqe 275 185 90 55 150 2M Hourly Rale Hourly Rale Hourly Rale Hourly Rate Hourly Rale Hourly Rale 3 Daily Rate: 732_04TOTAL EQUIPMENT COSTS FOR CHANGE OROER Malerial are listed below or detailed material sheets are atlached - Description Unil Buy 1.5" SSTL Ball Valve w/tax + delivery EA QTY 1 Unil Price $209 Total $208.98 Other direcl malerlal nol specifically included in detailed take-off - Consumables, etc hl from vendor to site f nol alrea included in above materialcosts 000 1.00 0.00 0.00 0.00 2.00 0.00 1.00 1.00 1.00 Page 2 Meridian City Council Meeting Agenda February 13, 2018 – Page 295 of 372 JC CONSTRUCTORS,INC. Change Proposal Request # 52 Date: 4-Jan-18 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Provide a rotameter with integral flow control valve (needle valve) and an additional isolation valve on the 1 .5" ACS pipe feeding the RAS/WAS. The flow through this pipe will be 0-20 gpm. Location of the rotameter and isolation valve will be field located inside the Chemical Feed Building in a location that is accessible, visible, and adjustable by operators. EXPLANATION: These additional materials were requested in FO 18. UNITS OF WORK: Complete work on a lump sum basis Break Out Labor Costs Reqular TimeQuantityUnit $/Unit Cost Description 1 lnstall rotameter Wneedle valve and ball valve; startup 43.272Foreman1HR43.27 3 2 HR 36.70 73.40Fabricator 70.004Superintendent1HR70.00 1 HR 65.00 65.005Project Engineer 6 Proiect Manaqer 1 HR 85.00 85.00 7 336.67 I Page 3 t Meridian City Council Meeting Agenda February 13, 2018 – Page 296 of 372 LABOR RATES Foreman Carpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.15 $ 39.27 $ 23.00 $ $ $ $ 6.41 0.69 0.88 o.62 $ 31.60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73 $ 3s.99 $ 22.00 $ 6.41 $ 0.66 $ 0.85 $ 0.59 $ 30.51 $ 24.00 $ 6.41 $ o.72 $ 0.92 $ 0.65 $ 32.70 $ 17.00 $ 6.41 $ 0.51 $ 0.65 $ 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ 50 $ 4.00 1.25 1.50 1 .25 $ 4.00 $ $ $ $ 1.25 1.50 1.25-s 4oo $ $ $ $ 1 .25 1.50 1 .25 $ 4.00 $ $ $ $ 1.25 1.50 I .ZA $ 4.00 $ $ 1.25 $ 1.50 $ 1.25-$ 4oo Grand TotalWages & Labor Burden Overtime Rate (with fringe) s 43.27 $ 62.23 $ 35.60 $ 50.29 $ 39.99 s 57.11 $ 36.70 $ 51.99 $ 29.03 $ 40.0s FICA/Medicare (subject to OT) Worker's Comp lns (sublect to OT) SUI/FUI Liability lnsurance Total lnsurance Burden $ 3.oo $ 4.91 $ 0.71 $ 1.57-$- 10.1e $ $ $ $ 2.42 3.95 0.57 1.26 S 8 2A $ $ $ $ 2.75 4.50 0.65 1.44 $ 9.34 $ $ S $ 3.81 0.55 1 .22 $ 7.92 $ $ $ $ 2.50 4.09 0.59 1.31 s B 48 $ 1.91 $ 3.13 $ 0.45 $ 1.00 $ 6.49 Page 4 $ $ $ $ $ 34.51 $ 48.58 Meridian City Council Meeting Agenda February 13, 2018 – Page 297 of 372 01 26 OO4. FIELD ORDER FORM Field Order No. 018 Date of lssuance: December 14,2017 Effective Date: December 14, 20L7 City of Meridian JC Constructors Brown and Caldwell WRRF Liquid SUeam Capacity Expansion Reference: 40 97 20 Modified l39O 0009 Specification(s)Drawing(s ),/ Detajl(s) Description: Add an additional isolation valve and a rotameter with integral flow control valve (needle valve) to the 1-112 inch ACS line feeding RAS/WAS 2 (see attached PID drawing). Anticipated flow throuEh the rotameter is 0-2O gpm. The line is field-routed inside Chemical Feed Building 2. The valves and rotameter must be located in the Chemical Feed Building in an accessible location easily viewed and adjusted by an operator. lsolation (ball) valves per Specification 40 05 02.65. Rotameter and flow control valve per Specification 40 97 20 (add optional needle valve mounted to inlet). Attachments: Modified |-39GOO09 Drawing ISSUED:RECEIVED: By: Engi neer (Authorized Signature)Contractor (Authorized Signature) ?zosecr [.A*r:oagz By: 4f Owner: Contractor: Engineer: Project: minor changes in the Work without changes in Contract Price or Contract Times. lf Contractor considers that a change in Contract Price or Contract Times rs required, submit a Change Proposal before proceeding with this Work. 40 05 02.65 Title: Date: Title: Date: Meridian City Council Meeting Agenda February 13, 2018 – Page 298 of 372 Challenger Companies, Inc. l4l5 Madison Avenue Nampa, ID 83687 Ph: 208.461.0608 Fax: 208.461.0650 ELECTRICAL - MECI IANICAL - PLUMBINc Class Rate '1,Hours Total JI\L{N/ELECT s62.00 100.0 " i,(-)100.0 0.r S0 T()tals $62.00 100.0 %0 100.0 %$0 Dale 7/ 3 /2018 RFC#11 Subconttactor: Challcngcr Companies, Inc. Ptoject Name N{eridian \VRRF Liquid Stream Capacio' Expansion Refercncc:Fietd Order #018 Dcscri Pfion Please see below frrr cost bleakdown and attached quote r)f the extra rotametet rcquested via field order #018. Description Arnorrnt Tax Rate Tax $Markup Matk-up $Total $4,930.00 0.0 0/o S0 15.0%$739.50 $s,669.s0 'Iotals $4,930.00 $0 $739.50 $5,669.50 Total RFC #11 Change:$5,670.00 13est Regarcls. Joe Gastelecutto Challenger Companies, Inc. \\ \\ \\ .challtnrer((,nlDInies.iL)rll l55l0.0lll0.0r)l(x). lllllrl). I5100. 151(xl.(17700.05090. 160(X)). Ntotlllna l,ltclrlcal a ontrac()r i lllr) Contractor JC Constructors, Inc. \\.F,TCO Meridian City Council Meeting Agenda February 13, 2018 – Page 299 of 372 "ll' p ge WETCo, lNC. I 548 W.9320 South, Sandy UT 84070 t-88&,S6Sf 360 cousa.com Meridian WRRF Liquid Steam Exoa nsion Proiect - Field Order 018 - Add R tameter in Chemical Feed Buildin D ber 2 2017 Scope of Supplv: Provide the Following: . Provide I each Rotameter on ACS line feeding RASMAS 2 (lncludes needle valve inlet) Labor: Work lncludes:. Provide Product Submittal Field Order Proposal $4,9s0.00 lncludes Stand ard Freight Charges and Applicable Sales Tax WETCO - ldaho Public Works License #13104-8-4 (11200, 13SOO) Specificallv Not lncludedi Mechanical lnstallation of lnstrumentation.i Equipment or Services not mentioned above. Sincerely, 4d4r4t ?,/elk Adam Wells WETCO appreciates the opportunity to work with you. We will be available at any of the numbers below. Please do not hesitate to call if you have any questions. Office gO1_ 565-1 360, Cell Phone 801-673-61 61. 0 c a !c 7 I ),$\L T' J r PE FORIIIATGE UlIDE E S S U B E,, Meridian City Council Meeting Agenda February 13, 2018 – Page 300 of 372 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96151 PreDesign of Capital Projects 10601 WRRF Capacity Expansion 20,400,000.00 327.99 20,399,672.01 100.00% 10601.d WRRF Capacity Expansion - Construction 0.00 18,604,879.59 (18,604,879.59) 0.00% 10601.G WRRF Liquid Stream Cap. Expansion - Svc's During Const. 0.00 487,569.00 (487,569.00) 0.00% 10601.H WRRF Cap. Exp. Process Control Software Integration 0.00 190,336.00 (190,336.00) 0.00% Carr... Carryforward 9,862,614.12 0.00 9,862,614.12 100.00% Total Capital Outlay 30,262,614.12 19,283,112.58 10,979,501.54 36.28% TOTAL EXPENDITURES 30,262,614.12 19,283,112.58 10,979,501.54 36.28% Date: 2/8/18 02:39:47 PM Page: 1 Meridian City Council Meeting Agenda February 13, 2018 – Page 301 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4M Project/File Number: Item Title: Award of Bid and Approval of Agreement to Alta Construction for the "ROSE CIRCLE WATER MAIN REPLACEMENT" project for a Not -To -Exceed amount of $245,313.00. Meetina Notes Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Garrick Nelson Date: 2/8/2018 Re: February 13 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13 th City Council Consent Agenda for Council’s consideration. Award of Bid and Approval of Agreement to Alta Construction for the “ROSE CIRCLE WATER MAIN REPLACEMENT” project for a Not-To-Exceed amount of $245,313.00. Recommended Council Action: Award of Bid and Approval of Agreement to Alta Construction for the Not-To-Exceed amount of $245,313.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda February 13, 2018 – Page 303 of 372 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 3 0 4 o f 3 7 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 3 0 5 o f 3 7 2 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final n/a n/a n/a n/a Goodstanding 3938 6/30/2018 I. PROJECT INFORMATION 1/24/2018 12/13/2019 18 2/8/2018 Public Works Rose Circle Water Main Replacement V. BASIS OF AWARD 1/30/2018 February 6, 2018 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION n/a February 8, 2018 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 2/7/2018 VII. TASK ORDER SELECTION (Project Manager to Complete) 1/24/2018 Award based on Low Bid Highest Ranked Vendor Selected $245,313 Garrick Nelson If yes, has policy been purchased? Contractor - Alta Construciton III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 3490 55000 10570.b TASK ORDER n/a RFP / RFQ BID Meridian City Council Meeting Agenda February 13, 2018 – Page 306 of 372 CONTRACT FOR PUBLIC WORKS CONSTRUCTION ROSE CIRCLE WATER MAIN REPLACEMENT PROJECT # 1O57O.B THIS CONTRACT FOR PUBLIC WOBKS CONSTRUCTION is made this l3th day of February, 20'1 8, and entered into by and between the City ol lvleridian, a municipal corporation organized under the laws of the State ol ldaho, hereinafter referred to as "ClTY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Alta Construction, lnc., hereinafter referred to as ''CONTRACTOR", whose business address is 619 N. Cloverdale Rd.. Boise , lD 83713 and whose Public Works Contractor License # is 003938. INTRODUCTION Whereas, the City has a need lor services involving water lvlain Replacements ; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration ol the mutual promises, covenants, terms and conditions hereinalter contained, the parties agree as follows: TERMS AND CONDITIONS 1 .1 CONTRACTOR shall perf orm and lurnish to the City upon execution of this Contract and receipt ot the City's wrillen notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope ol 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 wrilten work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data liles, 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. ll any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Conlractor, the City reserves a royalty{ree, 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 Conlractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor ROSE CIRCLE WATER lVlAlN REPLACIV1ENT pase 1 of '14 Project '10570.8 1. Scope of Work: Meridian City Council Meeting Agenda February 13, 2018 – Page 307 of 372 represents and warranls that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions lhat are used in performance of this Agreement and that are in ellect at the time ol 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 ol this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreemenl 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 $245.313.00. 2.2 The Conlractor shall provide the Cjty 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 ol 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 Contraclor under the terms and conditions of this Agreement. Payment ol all taxes and olher assessments on such sums is the sole responsibility ol Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entilled to receive f rom the Cily any additional consideration, compensation, salary, wages, or other type ol 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 lorm ol overtime, health insurance benelits, retirement benelits, paid holidays or other paid leaves ol absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor def ault 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 notilication to Contraclor. page 2 ol 14ROSE CIRCLE WATER I\,IAIN REPLACMENT Project 10570.8 Meridian City Council Meeting Agenda February 13, 2018 – Page 308 of 372 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 il the failure is not remedied by the City within thirty (30) days lrom the date payment is due. Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidenlal work, corrections or repairs remain for the physical completion ol the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount ol $500.00 (five hundred dollars) per calendar day. Such payment shall be construed lo be liquidated damages by the Contractor in lieu of any claim or damage because ol such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in lhe amount of $500.00 (live 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 lf , through any cause, CONTRACTOR, its oflicers, employees, or agents fails to f ullill in a timely and proper manner its obligations under this Agreement, violates any ot the covenants, agreements, or stipulations ol this Agreement, falsilies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other acl of misconduct in the perlormance ol this conlract, 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 CONTRACTOB of such termination and specilying 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. ln the event ol any termination ol this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach ol this ROSE CIRCLE WATER l\4AlN REPLACMENT page 3 oI 14 Project 10570.8 4. Liquidated Damages: Meridian City Council Meeting Agenda February 13, 2018 – Page 309 of 372 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amounl ol damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination ol this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.1 ln 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 behall ol the City. The selection and designation of the personnel of the CITY in the performance ol this agreement shall be made by the CITY. 6.2 Contractor, its agents, olficers, and employees are and at all times during the term ol this Agreement shall represent and conduct themselves as independent conlraclors and not as employees of the City. 6.3 Contractor shall determine the method, details and means ol perlorming the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specilied 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 ol Contractor in lulfillment ol this Agreement. lf 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-Conlractors: Contractor shall require that all ol its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal ol Unsatisfactory Employees: The Contractor shall only lurnish employees who are competent and skilled lorwork under this contract. lf, 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 ol the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnif ication and lnsurance: 9.1 CONTRACTOR shall indemnily and save and hold harmless CITY and it's elected officials, oflicers, employees, agents, and volunteers from and lor any and ROSE CIRCLE WATER MAIN REPLACIVIENT page 4 of '14 Project 10570.8 Meridian City Council Meeting Agenda February 13, 2018 – Page 310 of 372 all losses, claims, actrons, 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 servanls, agents, oflicers, employees, guests, and business invitees, and not caused by or arising out ol the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specilically will m ln tn h rm hi re ment liabili insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liabilit y One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 lor 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 lor damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection wilh the performance ol this Agreement by the Contractor or Contractor's oflicers, 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 Certilicate of lnsurance, or other prool of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and lile such proof of insurance with the CITY at least ten (1 0) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln 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 lt/eridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Besl'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 administralion and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or seltinsurance maintained by the City or the City's elected off icers, olficials, 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. h h f ROSE CIRCLE WATER MAIN REPLACMENT Project '10570.8 page 5 ot 14 Meridian City Council Meeting Agenda February 13, 2018 – Page 311 of 372 9.5 The Contractor's insurance shall apply separalely 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 respecl to each and every term, condition and provision hereof , and that the f ailure 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 lmprovement Projects per the ISPWC and the City ol Meridian Supplemental Specifications & Drawings to the ISPWC, which by this relerence are made a part hereof. Contractor is required to furnish faithlul performance and payment bonds in the amount ol 100% ol the contract price issued by surety licensed to do business in the State ol ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated lor lailure 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 f rom the date of the City of lvleridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modrfications, 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. The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendmenls which shall be executed with the same formalities as this Agreement. ROSE cIRCLE WATER l\,lAlN REPLACMENT Project 10570.8 page 6 ol 14 13. Changes: Meridian City Council Meeting Agenda February 13, 2018 – Page 312 of 372 14. Taxes: The City ol Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility ol the Contractor and are to be included in the Contractor's Bid pricing. '15. Meridian StormwaterSpecifications: 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 ol the job by the City the contractor shall return the field SWPPP manual and lield 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 linal acceptance of the project. Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, lines, 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-ol-Way Use Permit lrom ACHD on City's behall. 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. Beports and lnlormation: 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 Agreemenl lor a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, pholographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. ROSE CIRCLE WATEB MAIN REPLACMENT Project 10570.8 page 7 of 14 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 Slormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http:i/www. meridiancitv.oroienvironmental.aspx?id=1 36 1 8. 16. ACHD: Meridian City Council Meeting Agenda February 13, 2018 – Page 313 of 372 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY lor 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 lrom such records, and to make audits of all contracts, invoices, materials, payrolls, records ol personnel, conditions of employment and other data relating to all matters covered by this Agreement. 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. ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll 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 atf iliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, stale or local law, rule or regulation against any person on lhe basis ol race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contraclor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety{ive percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each party warrants and represenls that in executing this Agreement. lt has received independent legal advice f rom its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate ROSE CIRCLE WATER MAIN REPLACMENT page 8 ol 14 Project 10570.8 19. Publication, Reproduction and Use of Material: 20. Equal Employment Opportunity: Meridian City Council Meeting Agenda February 13, 2018 – Page 314 of 372 contract between the parties and shall survive any default, termination or forleiture of this Agreement. 24. ConstructionandSeverability: ll any part of this Agreement is held to be invalid or unenforceable, such holding will not affect lhe validity or enlorceability of any other part ol this Agreement so long as the remainder of the Agreement is reasonably capable of completron. 25. Waiver ol Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach ol 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 lhe lerms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement ol 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 pro.iect 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 lvlanager 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 alltraces ol waste materials and debris resulting lrom the work. Final payment will not be made if cleanup has not been performed. ROSE CIRCLE WATER IVIAIN REPLACIVIENT Proiect 10570.8 page I of 14 Meridian City Council Meeting Agenda February 13, 2018 – Page 315 of 372 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 ALTA CONTRUCTION, INC. Purchasing Manager Attn: Justin King, V.P 33 E Broadway Ave 619 N. Cloverdale Rd. Meridian, ID 83642 Boise, ID 83713 208-489-0417 Phone: 208-853-1720 Email: jking@altaedge.com Idaho Public Works License #003938 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 BY: TAMMY de V&LAD, MAYOR -'� / / � � Dated: 6 O6 ROSE CIRCLE WATER MAIN REPLACMENT Project 10570.13 ALTA CONSTRUCTION, INC: BY: Just" King, V. . Dated: 717 page 10 of 14 o�QORp,TED AU00 Approved by Council: 01Vor w �E IDIAN*. IDAHO Attest: SEAL v V0JERKTGLJ � 0�e-13 �T��o`rh Purchasing Approval Depar ent A oval BY: BY: KEITH ATTS, Purchasing Manager W EN ST ART, City Engineer Dated:: Z�l�Zi Dated:: Z-- -7 — I ig" Project Manager Garrick Nelson ROSE CIRCLE WATER MAIN REPLACMENT page 11 of 14 Project 10570.8 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1756-10570.8 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1756-10570.B, are by this reference made a part hereof. SPECIFICAT!ONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS NAIVE BY JUB Engineers dated 6-29-2017 (12 of pages) a ROSE CIRCLE WATER IVIAIN REPLACMENT Project 10570.8 page 12 of '14 . SUPPLEMENTAL SPECIFCIATIONS AND SPECIAL PROVISION by JUB Engineers dated July 2017 1ro+ pasesy Meridian City Council Meeting Agenda February 13, 2018 – Page 318 of 372 Exhibit B MILESTONE / PAYMENTSCHEDULE Total and complete compensation lor this Agreement shall not exceed $245,313.00. MILESTONE DATES/SCHEDULE Ivlilestone 1 Substantial Completion 90 Days lrom Notice to Proceed lVlilestone 2 Final Completion 120 Days from Notice to Proceed PRICING SCHEDULE Contract includes lurnishing all labor, materials, equipment, and incidentals as required lor the ROSE CIRCLE WATER MAIN REPLACEMENT per IFB PW-1756-10570.8 NOT TO EXCEED CONTRACT TOTAL $zl5it1iL00 Contract is a not to exceed amount. Line item pricing below will be used lor invoice veritication and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities ol each item ol work in accordance wilh lhe contract documenls. Contract Pricing Schedule Item No Description Quantity Unil Unit Price 1 EA Exploratory Excavation 2 EA s25o.oo lmported Trench Backfill CY s 12. s0 307.4.1.A.1 fvliscellaneous Surf ace Restoration (Landscaping)1 LS 5s,000.00 307.4.1 .F.1 Main Line Type "P" Surface Restoration (Asphalt Roadway)1,475 LF 515.00 307.4.1 .F.5 Service Line Type "P" Surface Restoration (Asphalt Roadway)608 s 16.00 310.4.1.A.1 Water lvlain Casing - I 2"45 s 153.00 401.4.1 .4.1 Water lvlain Pipe - 8"1,627 LF 534.00 402.4.1 .4.1 Valve - Size 8" Gate Valve 6 EA 403.4.1.A.1 Fire Hydranl Assembly 1 EA s4,s00.00 404.4.1.4.1 Water Service Connection -3l4" Meter - Single 24 EA s1,600.00 404.4.1.4.1 Water Service Connection - 3/4" Ivleter - Double 14 EA s2,s00.00 404.4.1.8.1 water service connection to customer Service Line 500 LF 522.OO 405.4.1.A.1 Non-potable Water Main and Sewer Main Crossino 2 EA s900.00 ROSE CIRCLE WATER IV1AIN REPLACMENT Project '10570.8 page 13 ol 14 2O1 .4.1 .F.1 | Removal of Tree 303.4.1.C.1 306.4.1.D.1 140 LF LF 51,2s0.00 ss00.00 Meridian City Council Meeting Agenda February 13, 2018 – Page 319 of 372 706.4.1 .4.1 Standard 3" Rolled Curb and Gulter 254 LF s18.00 706.4..1 .8.1 Concrete Valley Gutter 20 LF s18.00 706.4.1.E.1 Concrete Sidewalks, 4' Wide, 4" Thick LF s 31.2 s 1 1 03.4.1 .A.1 Construction Traffic Control 1 LS s3,750.00 2010.4.1 .4.1 tvlobilization 1 LS s5,000.00 sP-21 30.4.1 .A Connect to Existing Water [/ain - Hot Tap 2 EA s2,s00.00 sP-2.130.4.1.A Connect to Existing Water Main 1 EA s 1,2so.oo sP-2142.4.1.A.1 Remove and Reset Chain Link Fence 1 LS ss00.00 sP-2142.4.1.A.1 Remove and Reset Storage Shed 1 LS s325.00 sP-2142.4.1.A.1 Remove and Dispose - Carport 1 LS s700.00 sP-21 60.4.1 .A.1 Abandon Existing Lilt Station 1 LS s3,000.00 sP-2165.4.1.A.1 1 LS 57,000.00 sP-2216.4.1.A.1 Stormwater lvlanagement 1 LS s1,200.00 BID ATTERNATE 1 404.4.1 .C.1 Water Service Pipe Connection - Lots 103, 107, 108, or 111 4 EA s2,000.00 ROSE CIRCLE WATEB MAIN REPLACMENT Project 10570.8 page '14 ol '14 60 Abandon Existing Water Main and Services Meridian City Council Meeting Agenda February 13, 2018 – Page 320 of 372 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 95000 Service Line/Main Replacement 1,653,824.04 896,014.29 757,809.75 45.82% Total Capital Outlay 1,653,824.04 896,014.29 757,809.75 45.82% DEPT EXPENDITURES 1,653,824.04 896,014.29 757,809.75 45.82% TOTAL EXPENDITURES 1,653,824.04 896,014.29 757,809.75 45.82% Date: 2/8/18 02:54:16 PM Page: 1Meridian City Council Meeting Agenda February 13, 2018 – Page 321 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 4N Project/File Number: Item Title: Approval of a Sole Source Purchase for Fire Department Honeywell Turnout Gear from Municipal Emergency Services Meetinq Notes Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Ken Welborn; David Jones; Keith Watts Date: 02/08/2018 Re: February 13 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 13 th City Council Consent Agenda for Council’s consideration. Approval of a Sole Source Purchase for Fire Department Honeywell Turnout Gear from Municipal Emergency Services. Municipal Emergency Services is the only authorized distributor for Morning Pride Tails Turnouts in the State of Idaho. The budgeted amount for Turnout Gear is $93,130.90. Recommended Council Action: Approval of Sole Source Procurement upon completion of advertising per Idaho State Statute 67-2808 and also authorize Purchasing Manager to sign the Purchase Order. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda February 13, 2018 – Page 323 of 372 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 2210 - Fire Admin From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 54104 Turnout Equipment 138,525.96 45,395.06 93,130.90 67.23% Total OPERATING COSTS 138,525.96 45,395.06 93,130.90 67.23% DEPT EXPENDITURES 138,525.96 45,395.06 93,130.90 67.23% TOTAL EXPENDITURES 138,525.96 45,395.06 93,130.90 67.23% Date: 2/7/18 02:42:12 PM Page: 1Meridian City Council Meeting Agenda February 13, 2018 – Page 324 of 372 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 3 , 2 0 1 8 – P a g e 3 2 5 o f 3 7 2 f1E NDIAN:--- CITY OF MERIDIAN SOLE SOURCE FORM Date: 2 February 2. 2018 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Honeywell Morning Pride Tails Turnout Coat and Pants X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) Manufacturer awards exclusive vendor territories for sales and service. Only one vendor is authorized to sell this product in Idaho. (Municipal Emergency Services) 2. Thread used in structural seams is Tex size T-70. Other manufacturers use smaller thread. 3. Kinetic cut styling significantly reduces hem rise and sleeve retraction, allowing for greater range of motion and protection. Tails system reduces weight, increases range of motion and eliminates bunching when bending forward. Also increases visibility from behind and improves torso ventilation and reduces firefighter heat stress. 4. Patented sleeve design eliminates undesirable sleeve retraction when reaching up or forward, reducing skin exposure and thermal burn injuries. 5. Full Range of Motion Crotch -Patented U-shaped design and diamond-shaped insert allow greater leg mobility. CERTIFICATION: I am aware of the requlremenls set forth ln the City's Purchasing Polioy & Procedures Manual for competitive bidding and lhe eslabllshed criterla forJustificatlon for sole source/sole brand purchasing. I have gathered lechnical informallon and have made a concerted effort to revlew comparable/equal equipmenl. I hereby csnify as lo the valldlty of the lnfonnation and feel confident lhat thls justiftcation for sole source/sole brand meets lhe City's crlteria and ls accurale. Ken Welbom Council Approval )/ t7 / et?Date: Purchaslng Approval: Signature Manager 5o\efu,xtt, pglz I I I I I I I II 2/5/18 Meridian Fire Department 33 E Broadway Ave # 204, Meridian, ID 83642 Dear Ken Welborn, This letter is to confirm that Honeywell First Responder Products is the manufacturer of Morning Pride Tails Turnouts. Municipal Emergency Services, is the only authorized distributor for Morning Pride Tails Turnouts in the State of Idaho. Gavin Courtney is the dealer representative of Municipal Emergency Services. If you should have any questions feel free to give me a call at (206) 399-3728. Sincerely, Mike Morris Honeywell First Responder Products Northwest Regional Manager 206-399-3728 Meridian City Council Meeting Agenda February 13, 2018 – Page 327 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 40 Project/File Number: Item Title: AP Invoices for Payment - $2,152,986.21 Meetina Notes City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Name Badge for C. Arial & Name Plate for Com-Dev Director 20.00 01 General Fund A-1 STAMP & MABEL'S LABELS Nameplates 2 New Commissioners&Community Development Directo 30.00 01 General Fund A-1 STAMP & MABEL'S LABELS Self Inking Stamps for PD - Qty 2 77.00 01 General Fund ADA COUNTY PARAMEDICS 220/Paramedic License renewal fees, 12 emp 310.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE 18-0210 220/2nd quarter dispatch services 21,780.55 01 General Fund AIR FILTER SUPERSTORE WHOLESALE LLC air filters for Storey Bark Park & Tully Park - qty 18 143.52 01 General Fund AMERICAN PLANNING ASSOCIATION 04/01/18-3/31/19 APA membership renewal Sonya Allen 149538 338.00 01 General Fund AMERICAN PLANNING ASSOCIATION 4/1/18-3/31/19 APA & AICP Member renewal Bill Parsons-224910 473.00 01 General Fund AMERICAN PLANNING ASSOCIATION APA & AICP membership dues for S Siddoway 4/1/18-3/31/19 555.00 01 General Fund BATTERIES PLUS Batteries for Patrol - Qty 10 41.40 01 General Fund BATTERIES PLUS Quality Brand Lithium Batteries for Eotecs - Qty 3 35.97 01 General Fund BDPA INC Service for Job Reviews Consulting 405.00 01 General Fund BLUE CROSS OF IDAHO February 2018 Blue Cross Insurance 299,548.56 01 General Fund BPA HEALTH, INC.EAP, Feb 2018, 441 Employees 1,291.48 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 163 73.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Cabin Filter for Unit # 16 89.60 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 151 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 153 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 159 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, ATF Flush, Front Brakes, Air Filter & Tires #154 1,178.62 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Polish Headlights for Unit # 28 44.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Spark Plugs for Unit #3 - Qty 6 258.39 01 General Fund CASCADE FENCE COMPANY, INC.gate building material for Tully Park pump filter install 135.68 01 General Fund CASCADE FENCE COMPANY, INC.handicap sign posts for Tully Park - qty 4 115.60 01 General Fund CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 01/18 872.76 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre-Employment Testing for D. Frick 400.00 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226373, Pay City Fuel - January 2018 11,261.92 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226399, Fuel for PD - January 2018 15,842.16 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 18-0084, City Prosecutor/Criminal Legal Services - Feb 2018 29,975.49 01 General Fund CITY OF BOISE IT COMMUNICATIONS ETS Monitoring for Jan 2018 146.26 Date: 2/8/18 12:08:48 PM Page: 1Meridian City Council Meeting Agenda February 13, 2018 – Page 329 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash January 2018 46.68 01 General Fund CUSTOM GLASS, INC.Cleaned and repaired both panics on Historical Society doors 150.00 01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, February 2018, #0133-0000 18,288.95 01 General Fund DISTINCTIVE MILLWORK & SPEC Install Cabinets in the PSTC 4,569.00 01 General Fund ELITE EXTRICATION & EQUIPMENT 220/Annual TNT Rescue Equip maintenance 1,350.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0160 Equipment to Build New Patrol Unit # 104 8,740.71 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0219 Labor & Equip to Build Code Enf. Unit # 54 3,343.36 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0219 New Code Enforcement Fleet Equipment Unit #54 37.98 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Remove Radio for Transfer to Parks Unit # 10 153.00 01 General Fund FERGUSON ENTERPRISES INC.stainless steel cleaner for restrooms - qty 1 17.07 01 General Fund FIREFIGHTERS BOOKSTORE 220/6 pump apparatus driver handbooks 382.02 01 General Fund FLIR OUTDOOR AND TACTICAL SYSTEMS INC 1 FLIR Thermal Imager Camera for Patrol 419.00 01 General Fund FLIR OUTDOOR AND TACTICAL SYSTEMS INC 3 FLIR Thermal Image Cameras for Patrol 1,270.27 01 General Fund GOODE MOTOR FORD, LLC.18-0005, Patrol Lt. Unit# 62, Vin# A37043 29,287.58 01 General Fund GOODE MOTOR FORD, LLC.18-0005, Patrol Lt. Vehicle Unit# 60, Vin# A37045 29,287.58 01 General Fund GOODE MOTOR FORD, LLC.18-0005, Patrol Lt. Vehicle Unit# 61, Vin# A37044 29,287.58 01 General Fund GOVERNMENT FINANCE OFFICERS AS Membership Dues for B. Purser 150.00 01 General Fund GYM OUTFITTERS Gym Equipment Maintenance 55.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/Marking crayon for tools & shop supplies, St. 1-qty5 9.85 01 General Fund HOME DEPOT CREDIT SERVICES Credit for sales tax charged on orig inv# 37237 (4.89) 01 General Fund HOME DEPOT CREDIT SERVICES Grout, caulk, silicone, knife, rollers, spong, brushes-qty15 86.40 01 General Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, January 2018 - Final Bill 2,213.51 01 General Fund I.C.R.M.P.Reimb, C-17-02114-5710, Overpayment for Light Pole 28822B fr 756.00 01 General Fund IDAHO HUMANE SOCIETY 18-0054, Animal Control Services - February 2018 31,761.00 01 General Fund IDAHO POWER 2200136188, Parks Power January 2018 14,077.83 01 General Fund IDAHO PRESS-TRIBUNE Ord 18-1763 on Impact Fees for Police, Fire, & Parks, 1/26/1 130.86 01 General Fund IDAHO PRESS-TRIBUNE PH 2/15/18 on Summertown Sub, Oaks West Sub, Pine 43 Apts 70.30 Date: 2/8/18 12:08:48 PM Page: 2Meridian City Council Meeting Agenda February 13, 2018 – Page 330 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE PH 2/6/18 on Caven Ridge, Winco Wells , Harper Ridge 70.30 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax - January 2018 1,111.50 01 General Fund LS REFEREEING basketball officials 1/1-1/18/18 - qty 32 1,744.00 01 General Fund M.D. WILLIS, INC.18-0044 Court Reporting for City Council & P&Z - Jan 2018 2,252.00 01 General Fund MASTERCARD MC City#4, #0554, 1/31/18 Statement -1,125.21 01 General Fund MASTERCARD MC Clerks, #0521, 1/31/18 Statement -96.18 01 General Fund MASTERCARD MC Com-Dev, #0851, 1/31/18 Statement -269.72 01 General Fund MASTERCARD MC Legal, #0802, 1/31/18 Mastercard -5.75 01 General Fund MASTERCARD MC Mayor#1, #0703, 1/31/18 Statement -15.00 01 General Fund MASTERCARD MC Parks#1, #0844, 1/31/18 Statement -2,935.07 01 General Fund MASTERCARD MC Parks#2, #0828, 1/31/18 Statement -369.60 01 General Fund MASTERCARD MC Parks#3, #0836, 1/31/18 Statement -1,055.10 01 General Fund MASTERCARD MC Pay City #6, #0810, 1/31/18 Statement 5,724.29 01 General Fund MASTERCARD MC Pay City#9, #0794, 1/31/18 Statement 1,631.16 01 General Fund MASTERCARD MC Pay Fire#2, #0745, 1/31/18 Statement 1,667.93 01 General Fund MASTERCARD MC Pay Fire#3, #0752, 1/31/18 Statement 94.98 01 General Fund MASTERCARD MC Pay Fire#4, #0760, 1/31/18 Statement 58.34 01 General Fund MASTERCARD MC Pay Fire#5, #0869, 1/31/18 Statement 49.94 01 General Fund MASTERCARD MC Pay HR, #0539, 1/31/18 Statement 1,194.28 01 General Fund MASTERCARD MC Pay IT#11, #0570, 1/31/18 Statement 3,490.85 01 General Fund MASTERCARD MC Pay Mayor#2, #0711, 1/31/18 Statement 2,974.48 01 General Fund MASTERCARD MC Pay PD#1, #0604, 1/31/18 Statement 24.62 01 General Fund MASTERCARD MC Pay PD#2, #0612, 1/31/18 Statement 160.00 01 General Fund MASTERCARD MC Pay PD#3, #0620, 1/31/18 Statement 50.00 01 General Fund MASTERCARD MC Pay PD#4, #0638, 1/31/18 Statement 910.47 01 General Fund MASTERCARD MC Pay PD#5, #0646, 1/31/18 Statement 174.98 01 General Fund MASTERCARD MC Pay PD#6, #0653, 1/31/18 Statement 1,718.00 01 General Fund MASTERCARD MC PW#2, #0695, 1/31/18 Statement -210.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Removed Deteriorated Front Window Tint for Unit # 140 50.00 01 General Fund MEDICAL LOGISTIC SOLUTIONS Courier Service to Send Code Books to Ada County, 10/4/17 14.84 01 General Fund MINUTEMAN, INC.Keys for Patrol Fords for New Hires - Qty 15 52.50 01 General Fund NAPA AUTO PARTS Wipers for Unit # 27 & 2 Hammers for Impact 91.96 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC January 2018 Pre-tax Contributions 37.03 01 General Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance February 2018 688.00 01 General Fund NESMITH BROTHERS TOWING Evidence Tow 18-454 75.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - February 2018 799.36 Date: 2/8/18 12:08:48 PM Page: 3Meridian City Council Meeting Agenda February 13, 2018 – Page 331 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct# 52, NW Fire Fighters Trust Insurance - February 2018 103,151.12 01 General Fund OFFICE DEPOT, INC.220/ 2 pair scissors 43.98 01 General Fund OFFICE DEPOT, INC.220/envelopes, 1 box 9.29 01 General Fund OFFICE DEPOT, INC.220/Index Cards, steno pads, pens - Qty 4 36.83 01 General Fund OFFICE DEPOT, INC.220/labels, cards, paper - qty 4 65.65 01 General Fund OFFICE DEPOT, INC.220/Paper, tape & tape dispenser - qty 4 53.09 01 General Fund OFFICE DEPOT, INC.220/Pens, 1 dz gel type 16.49 01 General Fund OFFICE DEPOT, INC.Binder Clips, Post-Its, Keyboard & Mouse - Qty 7 84.44 01 General Fund OFFICE DEPOT, INC.black printer toner for Homecourt - qty 1 52.18 01 General Fund OFFICE DEPOT, INC.Cork Board for E. Otero - Qty 1 19.99 01 General Fund OFFICE DEPOT, INC.Mouse, Keyboard, Office Supplies, Kleenex - Qty 13 162.60 01 General Fund OFFICE DEPOT, INC.Paper, pens, and pencils for HR - Qty 3 59.47 01 General Fund OFFICE DEPOT, INC.Postcards for Hearing Notice - Qty 20 Boxes 168.80 01 General Fund OFFICE DEPOT, INC.printer toner, pen, pencil, post-its, binder clips, dividers 82.47 01 General Fund OFFICE DEPOT, INC.Ruler for E. Otero - Qty 1 1.91 01 General Fund OVERHEAD DOOR COMPANY 220/2 garage door openers for St. 3 101.94 01 General Fund PAIGE MECHANICAL GROUP, INC.Repair 2in Gas Line at City Hall, 12/26/17 & 1/7/18 486.00 01 General Fund PRECISION PUMPING SYSTEMS flow meter for Bear Creek Park pump station - qty 1 3,374.09 01 General Fund PREMIER SIGNS 220/Striping on MF044 792.28 01 General Fund PROBUILD 220/Lumber for training, 68 sheets OSB 932.96 01 General Fund RAIN FOR RENT PVC caps for Settlers sound garden toys - qty 1 pkg 56.00 01 General Fund RICOH USA, INC C86173707, Copier Lease 2/18 & Copies 12/29/17-1/28/18 633.72 01 General Fund RODDA PAINT COMPANY paint supplies for Tully bridge graffiti - qty 9 26.58 01 General Fund SETTLERS IRRIGATION DISTRICT Chateau Park,Sunnybrook Farms #4 (Lot 1 Block 14), 2018 Irri 144.38 01 General Fund SETTLERS IRRIGATION DISTRICT Heroes Park Lochsa Falls (30 acres, SO. 26.153 A SW4 NW4) - 2,039.71 01 General Fund SETTLERS IRRIGATION DISTRICT Lakes @ Cherry Ln. #5, Fire Station #2 - 2018 Irrigation 15.13 01 General Fund SETTLERS IRRIGATION DISTRICT William Watson at Keith Bird Park (7.5 acres in NE4) - 2018 351.64 01 General Fund SHRED-IT USA, LLC.Shredding for PD Documents - January 2018 179.09 01 General Fund SONNTAG RECREATION 18-0143 Settlers sound garden LSI rhapsody musical equipment 14,995.00 01 General Fund SOUTHERN IDAHO ELECTRIC testing station for door locks 288.75 01 General Fund SPRAGUE SOLUTIONS LLC Chairs for Patrol Conference Table - Qty 12 3,447.84 01 General Fund SYNCB/AMAZON 220/7 EMS Duffle Bags 92.49 01 General Fund SYNCB/AMAZON 220/Label tape & USB Drives - Qty 12 102.23 Date: 2/8/18 12:08:48 PM Page: 4Meridian City Council Meeting Agenda February 13, 2018 – Page 332 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SYNCB/AMAZON 220/Medical, thermal blanket, hand warmers, hot packs-qty4 92.71 01 General Fund SYNCB/AMAZON 220/Spatulas for St. 2 28.55 01 General Fund SYNCB/AMAZON Canned Air - Qty 1pkg of 12 38.26 01 General Fund SYNCB/AMAZON Labels & Desk Tray for C. Arial - Qty 2 25.72 01 General Fund SYNCB/AMAZON Labels - Qty 1 Pk 13.73 01 General Fund SYNCB/AMAZON Tacks - Qty 1Pk 3.96 01 General Fund SYNCB/AMAZON two-tiered paper tray - qty 1 28.99 01 General Fund SYNCB/AMAZON Whiteboard & Thanks for the Feedback Books - Qty 4 102.19 01 General Fund T-ZERS SHIRT SHOP 220/embroider & sew turnout gear bags, 3 37.50 01 General Fund T-ZERS SHIRT SHOP 220/embroider clothing, 2 items 24.50 01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY18 - February 2018 100.00 01 General Fund TATES RENTS (GENERAL OFFICE)ladder rental to remove City Hall snowflakes 1/23/18 22.00 01 General Fund THE UPS STORE Postage to send Camera for Replacement 16.22 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Choc, Cream, Sugar, Cups - Qty 18 & Cooler Rent 343.42 01 General Fund UNIFORMS 2 GEAR 18-0052 SWAT Vest Replacements - Qty 8 23,826.56 01 General Fund UNIFORMS 2 GEAR 220/lace in zipper for station boots - 1 Pair 28.00 01 General Fund UNION PACIFIC RAILROAD CO 18-0015, UPRR - South Parking Lot Lease FY18 - February 2018 1,743.41 01 General Fund USSSOA volleyball officiating 10/9-10/20/17 remaining balance-qty48 1,047.48 01 General Fund USSSOA volleyball officiating for games 1/15-1/19/18 - qty 64 1,396.64 01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP February 2018 3,736.47 01 General Fund WEIDNER & ASSOCIATES 220/2 pr structure boots, 10.5 & 12 675.69 01 General Fund WEIDNER & ASSOCIATES 220/3 yellow FF Helmets 1,089.09 01 General Fund WEIDNER & ASSOCIATES 220/ASM tool, disk mate tightener 82.86 01 General Fund WEIDNER & ASSOCIATES 220/repair SCBA Compressor, ACD VAL Drain 1,297.83 01 General Fund WEIDNER & ASSOCIATES 220/SCBA 3 MSA Cartridges, 6 respirators 232.74 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - February 2018 4,412.25 01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Xerox 7845 base 01/2018; click 12/21/17-1/22/18 444.37 Total 01 General Fund 767,497.28 07 Impact Fund MINUTEMAN, INC.Install & Key Lock Cores @ Hillsdale Park - Qty 3 311.85 07 Impact Fund STEPHANIE INMAN 17-0308, Pay #2-Svcs for Hillsdale Park Signage - Final Inv 11,750.00 07 Impact Fund THE RUSSELL CORPORATION 17-0235, CM Services for Keith Bird Legacy Park - Retainage 52,964.87 Date: 2/8/18 12:08:48 PM Page: 5Meridian City Council Meeting Agenda February 13, 2018 – Page 333 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund US ASSURE INSURANCE SERVICES OF FLORIDA Zurich builders risk insurance-South Meridian Regional Park 8,519.00 Total 07 Impact Fund 73,545.72 20 Grant Fund governmental ANDERSON & WOOD CONSTRUCTION CO, INC 18-0110, Todd Way & Sandalwood Street Ltg-Service to 1/31/18 14,290.32 20 Grant Fund governmental MASTERCARD MC Com-Dev, #0851, 1/31/18 Statement -569.60 20 Grant Fund governmental WEST ADA SCHOOL DIST 17-0288, 18-0227,Reimb for CDBG Meridian Elem Picnic Shelter 52,788.85 Total 20 Grant Fund governmental 67,648.77 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Ink Pads for Stamps - Qty 6 45.00 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Notary stamp for Gina Harris 35.00 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC pleated filter (6 qty)35.94 60 Enterprise Fund BHS SPECIALTY CHEMICALS 18-0038 Ferric chloride (48,800#)8,344.80 60 Enterprise Fund BHS SPECIALTY CHEMICALS 18-0055 D-Foam it (2,200#)2,640.00 60 Enterprise Fund BLUE CROSS OF IDAHO February 2018 Blue Cross Insurance 119,785.63 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Copies for 1/3/18-2/2/18 189.42 60 Enterprise Fund BOISE RIGGING SUPPLY Latch for shop crane (2 qty)13.65 60 Enterprise Fund BPA HEALTH, INC.EAP, Feb 2018, 441 Employees 424.01 60 Enterprise Fund BRETT & KRISTIN BARTLETT Refund, 4420040502, Wat/Sew/Trash, 1050 W Riodosa Dr, Title 91.43 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC Repaired front crankshaft seal leak on C4707 217.08 60 Enterprise Fund CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 01/18 652.64 60 Enterprise Fund CHALLENGER COMPANIES, INC.16-0403, 17-0357, S Black Cat Lift Station Upgrade - Final I 20,231.24 60 Enterprise Fund CITY OF BOISE Subcontract lab analysis (85 tests)2,685.00 60 Enterprise Fund CITY OF BOISE Subcontract lab anaylsis (68 tests)2,148.00 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash January 2018 18.53 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY DR handle & extension shaft - qty 2 83.60 60 Enterprise Fund D & B SUPPLY Magnet W/Metal Stick, Push Broom Squeegee - Qty 7 95.46 60 Enterprise Fund D & B SUPPLY Safety boots for Tony Parks - Qty 1 Pair 144.99 60 Enterprise Fund DANIEL MEYER Refund, 1447010503, Wat/Sew/Trash, 1979 N Tessa Ave, Custome 38.56 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, February 2018, #0133-0000 6,497.06 Date: 2/8/18 12:08:48 PM Page: 6Meridian City Council Meeting Agenda February 13, 2018 – Page 334 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund DENNIS & JOAN WATKINS Refund, 3074267202, Wat/Sew/Trash, 328 S Outfield Way, Title 391.56 60 Enterprise Fund DENNIS TELLER Per Diem, D. Teller, AWWA/WEF Utility Mgmt Conference, San A 224.00 60 Enterprise Fund DOUGLAS DEPOSITER Refund, 1733364609, Wat/Sew/Trash, 409 E Baldwin St, Custome 41.06 60 Enterprise Fund EWING CO., INC.17-0387,WRRF Headworks Upgrades,Const.services 12/1-12/31/17 858,009.00 60 Enterprise Fund FASTENAL COMPANY Nuts & bolts for seepex check valve replacement - qty 111 137.55 60 Enterprise Fund FASTENAL COMPANY Nuts & bolts for seepex check valve replacement - Qty 129 115.05 60 Enterprise Fund FERGUSON ENTERPRISES INC.8 inch DI cross, DI flange & bolt packs - qty 12 1,410.57 60 Enterprise Fund FERGUSON ENTERPRISES INC.Full face gasket & cold roll steel flange - qty 14 98.02 60 Enterprise Fund FORD HALL COMPANY, INC Clarifier brush 53.48 60 Enterprise Fund FRED PRYOR SEMINARS Pryor + training program renewal for 9 employees, 1/23/18-1/ 1,791.00 60 Enterprise Fund GRANT MECHANICAL, INC Labor to perform annual inspection on boilers in Admin bldg 337.50 60 Enterprise Fund GRANT MECHANICAL, INC Labor to perform annual maintenance on lab boilers (5.5 hrs) 592.50 60 Enterprise Fund GRANT MECHANICAL, INC Labor to test operation of relief valves on boilers in Admin 42.50 60 Enterprise Fund HACH COMPANY COD TNT+, HR 6-pk Lab test kit - Qty 1 356.41 60 Enterprise Fund HACH COMPANY LDO adapter 1,979.21 60 Enterprise Fund HACH COMPANY Nitrate TNT+ & Ammonia TNT+ Tests for Operations grp (8 qty) 373.28 60 Enterprise Fund HACH COMPANY QC check for chlorine tests 175.00 60 Enterprise Fund HACH COMPANY TNT Reactive Phosphate Tests for operations group (4 qty) 247.15 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - January 2018 47,002.27 60 Enterprise Fund IDAHO POWER 2204228288, Water Power January 2018 29,525.97 60 Enterprise Fund IDAHO POWER CO 18-0216, Powerline & Transfrmr Install @ Well 32,31,508.00 60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax - January 2018 4,865.17 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Treatment Design services 11/26-12/30/17 31,843.00 60 Enterprise Fund JUB ENGINEERS 17-0225,Black Cat Trunk Sewer Ph5,services 11/26-12/30/17 6,345.60 60 Enterprise Fund JUB ENGINEERS 18-0101, Rate/Assessment fee Asst. Service to 12/30/17 2,316.30 Date: 2/8/18 12:08:48 PM Page: 7Meridian City Council Meeting Agenda February 13, 2018 – Page 335 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Radial ball bearing to rebuild pump 5, sewage at S. Black 91.18 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES SKF ball bearing (4 qty)164.88 60 Enterprise Fund LARRY & NANCY GRAHAM Refund, 1616362005, Wat/Sew/Trash, 2816 NW 3rd St, Customer 30.78 60 Enterprise Fund LAURELEI MCVEY Per Diem, L. McVey, AWWA/WEF Utility Mgmt Conference, San An 288.00 60 Enterprise Fund MARK & SHEILA CRUIKSHANK Refund, 2404221403, Wat/Sew/Trash, 1266 N Santa Rosa Ave, Ti 50.91 60 Enterprise Fund MARSHA HUNTER Refund, 4618041802, Wat/Sew/Trash, 4102 S Burgo Ln, Title Co 36.03 60 Enterprise Fund MASTERCARD MC City#4, #0554, 1/31/18 Statement -2,175.50 60 Enterprise Fund MASTERCARD MC Pay Water, #0547, 1/31/18 Statement 1,077.23 60 Enterprise Fund MASTERCARD MC Pay WW, #0596, 1/31/18 Statement 506.04 60 Enterprise Fund MASTERCARD MC PW#1, #0687, 1/31/18 Statement -2,397.47 60 Enterprise Fund MASTERCARD MC PW#2, #0695, 1/31/18 Statement -913.50 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp. Services 12/25/17-1/7/18 2,146.80 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp. testing services 1/8-1/21/18 4,147.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades services 11/27-12/10/17 3,156.94 60 Enterprise Fund MATERIALS TESTING & INSPECTION Collections Equip.Facility services 1/8-1/21/18 190.20 60 Enterprise Fund McCALL INDUSTRIAL SS ball valve 1/4 inch (3 qty)38.40 60 Enterprise Fund MCLERAN WELL DRILLING, LLC 18-0087, Well22 Assessment - Service Thru 11/20/117-Final In 6,787.50 60 Enterprise Fund MERIDIAN BOWLING LANES, INC.Refund, 3152011001, Wat/Sew/Trash, 324 S Meridian Rd A, Cust 92.29 60 Enterprise Fund MERIDIAN BOWLING LANES, INC.Refund, 3152012001, Wat/Sew/Trash, 324 S Meridian Rd, Custom 411.15 60 Enterprise Fund MERIDIAN BOWLING LANES, INC.Refund, 3152014001, Wat/Sew/Trash, 238 Meridian Rd, Customer 411.23 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Nuts & bolts for stock (66 qty)92.74 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Submersible pump 110.59 60 Enterprise Fund MURRAYSMITH INC 17-0141,Water Master Plan services as of Dec 2017 15,758.00 60 Enterprise Fund MYFLEETCENTER.COM Oil change for Collections truck C14936 31.99 60 Enterprise Fund MYFLEETCENTER.COM Oil change on maintenance truck C19118 53.59 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance February 2018 176.00 60 Enterprise Fund NORCO Hi-Viz jacket for Ryan Mason 35.08 60 Enterprise Fund NORCO Q-fold wipes, Z-fold wipes & terra renew (24 qty)1,187.03 60 Enterprise Fund NORCO Sampling pump for gas detectors 369.92 Date: 2/8/18 12:08:48 PM Page: 8Meridian City Council Meeting Agenda February 13, 2018 – Page 336 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund OFFICE DEPOT, INC.2 cases of copy paper 51.32 60 Enterprise Fund OFFICE DEPOT, INC.Card stock, badge holder, post-it, markers, pens, highlighte 58.17 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper and pens - Qty 3 72.51 60 Enterprise Fund OFFICE DEPOT, INC.Engineering scale ruler 5.24 60 Enterprise Fund OFFICE DEPOT, INC.Sharpie Paint Marker - Qty 1 2.07 60 Enterprise Fund OFFICE DEPOT, INC.Toner, Desk Sorter, Wall Hanger - Qty 3 131.77 60 Enterprise Fund RAIN FOR RENT South Black Cat Lift Station materials as of 9/29/17 2,535.01 60 Enterprise Fund RAIN FOR RENT South Black Cat Lift Station,Install labor 12/19/2017 990.18 60 Enterprise Fund RIVERSIDE, INC.Labor & supplies to rebuild motor, spare pump, backwash, 204.52 60 Enterprise Fund RIVERSIDE, INC.Labor & supplies to repair pump, internal return recycle, 1,188.74 60 Enterprise Fund RODDA PAINT COMPANY Paint for Well 14 Pipe Qty 1 61.71 60 Enterprise Fund SCOTT & JEANELL MARTIN Refund, 0520031103, Wat/Sew/Trash, 1559 E San Pedro, Custome 345.69 60 Enterprise Fund SETTLERS IRRIGATION DISTRICT City Well #16 (.972 acres in SW4 NE4) - 2018 Irrigation 232.61 60 Enterprise Fund SETTLERS IRRIGATION DISTRICT Westborough Well #26, 6067 N. Locust Grove, 2018 Irrigation 35.81 60 Enterprise Fund SLHS SERVICE AREA Hepatitis B Vaccine for R. Rhoads 70.00 60 Enterprise Fund SYNCB/AMAZON Carburetor for leaf blower 25.66 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery for Ryan Mason's jacket 6.00 60 Enterprise Fund USA BLUEBOOK Submersible level transmitter for lift stations 714.85 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 272508216-00001 Modem for Sys Emergency - 12/24/17-1/23/18 27.68 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP February 2018 1,456.83 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Foaming degreaser, insecticide fogger & repair patches-qty48 527.94 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts to repair horn on front-end loader 380.03 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - February 2018 2,908.05 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362, Copier Lease 12/17 & Copies 12/15/17-1/18/18 153.53 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464, Copier Lease 12/17 & Copies 12/15/17-12/30/17 146.32 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Repair kit for stock (3 qty)3,631.64 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Seal fail relay for 5yr maintenance on pump 3, submersible 403.80 60 Enterprise Fund ZTERS INC.Refund, 9901095601, Dumpster, 1100 S Progress Ave, Customer 800.00 Date: 2/8/18 12:08:48 PM Page: 9Meridian City Council Meeting Agenda February 13, 2018 – Page 337 of 372 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 1,244,294.44 Report Total 2,152,986.21 Date: 2/8/18 12:08:48 PM Page: 10Meridian City Council Meeting Agenda February 13, 2018 – Page 338 of 372 City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 6A Project/File Number: Item Title: Idaho Humane Society Long Term Direction Meetina Notes City of Meridian Animal Care and Control - Planning for the Future February 13, 2018 Designed to be Kind Capital Campaign Adoption Center, Veterinary Hospital, and Humane Education Center Contract Overview •Contracts pay for: A share of the overall basic animal care expense proportional to numbers of stray and seized pets housed by IHS including proportionate payroll allocations of animal care staff. Field animal control officers •Contracts do not pay for: Share of the overall animal care expense attributable from relinquished pets from residents, and transferred pets from other rescues and shelters. Special programs (education, Pet Food Pantry, IDAPI, WISKR). Microchip identification of every pet adopted Fundraising Veterinary Medical Center Washington State University College of Veterinary Medicine Senior Veterinary Student Training Program Advertising, Public Relations and Marketing Volunteer and Foster programs Lobbying and legislative activities Capital Repairs and Improvements including vehicles and major building repairs. A New Agreement is Required to Continue Operation of the Dorman Street Regional Animal Shelter Idaho Humane Society Goals : 1.Continued improvement in animal save rate and advancement of animal welfare in Ada County. 2.Financial sustainability and fairness. 3.Living wage for animal caregivers that work in the animal care and control facility. IHS Current $6.4M Budget 101 FTE NEW Overland Facility •$4.8 - $5.5M Budget •67 FTE •Adoptions • Public Veterinary Clinic •Special Programs •Administration Dorman Animal Control •$2.5 - $2.8M Budget •36 FTE •Intake - Animal Control and Public •Redemptions •Care of animals held in custody prior to adoption Financial Facts •Current Animal Control contracts combined pay $1.8 million •Meridian’s portion is $381K •Projected cost of Dorman as a standalone facility is between $2.5 - $2.8 million annually •Meridian’s portion is approximately 21% based on current participation with other municipalities •Personnel costs, which account for approximately 2/3 of the total cost, include personnel to process intakes and redemptions, kennel workers, a veterinarian and veterinary technician, field officers, dispatch and a minimal management allocation Preliminary Projections Municipality Current Contract Projected Range Increase Population Meridian $381,132 $513K - $574K $132K - $193K 98,300 Boise $899,000 $1.34M - $1.5M $441K - $601K 228,930 Ada County $360,000 $315K - $353K ($45K) – ($7K) 59,760 Eagle $65,264 $132K - $148K $67K - $83K 26,930 Kuna $65,908 $109K - $122K $43K - $56K 19,700 Garden City $39,500 $92K - $104K $53K - $64K 11,500 $1,810,804 $2.5M - $2.8M $691K - $1.0M 445,120 Average revenue from usage fees, licensing, adoptions averages 20%, 80% comes from general tax fund. $19.21 $14.57 $11.42 $10.55 $9.63 $9.75 $8.16 $6.64 $5.87 $5.32 $5.13 $4.04 $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 Per Capita Municipal/County Animal Control Expense 2016 (approximate, based on available information) City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 6B Project/File Number: Item Title: Idaho Transportation Department Update on State Highway 69 Project Meetina Notes 6br-le &-ek iyrne,- Jq�,-�,O,/ 84 W Victory Rd W Amity Rd W Lake Hazel Rd W Columbia Rd W Hubbard Rd W Deer Flat Rd E 4th St E Avalon St W Overland Rd W Calderwood St E Calderwood Dr W Davenport St S M e r i d i a n R d S L o c u s t G r o v e R d S L i n d e r R d S S t o d d a r d R d Or c h a r d Av e N K a y S t S B e a r C l a w Wa y SE 3 RD W a y KUNA MAP NOT TO SCALE N 69 69 69 OVERLAND MERIDIAN RD RD STATE HIGHWAY 69IMPROVEMENTS (KUNA TO MERIDIAN) • Resurfacing SH-69 (Meridian Road) from Orchard Road in Kuna to Overland Road in Meridian. • Adding traffic signals at Hubbard Road and Lake Hazel Road. • Installing a median barrier between Calderwood Drive and Overland Road. See inside for a detailed view. • Reconfiguring lanes at the intersection of Meridian and Overland roads. Northbound Meridian Road will include three through lanes, a dedicated left-turn lane and a dedicated right-turn lane at the intersection. See inside for a detailed view. The project is expected to improve safety and traffic operations on this busy corridor. Construction is scheduled for the summer and fall of 2018. The Idaho Transportation Department is designing several upgrades to State Highway 69 (Meridian Road) between the cities of Kuna and Meridian. FEB 2018 W Davenport StW Davenport St S S t o d d a r d R d W Overland Rd E Overland Rd S M e r i d i a n R d E A n t i g u a D r E L i n k e r s h i r n D r E K i n g s f o r d D r SE 5 th W a y SE 3 rd W a y Gi b s o n W a y Co u n t r y T e r r a c e Wa y S R i p t i d e P l S C o v e r y P l S M a r s h W o o d P l W Calderwood St W Christopher St W Calderwood St E Calderwood Dr W Elias St 84 BOISE KUNA MAP NOT TO SCALE N MEDIAN BARRIER 69 OVERLAND MERIDIAN RD RD STATE HIGHWAY 69IMPROVEMENTS (KUNA TO MERIDIAN) DETAILED VIEW: CALDERWOOD TO OVERLAND A median barrier will eliminate left turns between Calderwood Street and Overland Road. Left turns are among the most dangerous maneuvers for a driver to make. Please use this map to determine how your route might change with the new median barrier. BACKGROUND State Highway 69 is one of the primary routes between Kuna and Meridian. As growth in the area has increased, traffic congestion and crashes have also increased. In the busiest locations, crashes have increased by nearly 50 percent over the last five years. Based on a recent safety analysis and input from the city of Meridian, ITD identified several ways to immediately improve safety and traffic flow along the corridor. The improvements were developed in collaboration with the Meridian Transportation Commission, Meridian Police Department and Ada County Highway District. The safety improvements will be timed to occur with ITD’s planned maintenance on this corridor. Routine resurfacing helps prolong the life of the pavement. Jennifer.gonzalez@itd.idaho.gov (208) 334-8938 itd.idaho.gov/d3 Safety Analysis: Calderwood to Overland Road More than 100 crashes were reported between 2011 and 2016. Sixty percent were rear-end collisions. Traffic is expected to increase from 27,000 vehicles per day (in 2016) to 34,000 vehicles per day (in 2040). YOUR INPUT IS IMPORTANT ITD is committed to working with the community during this project. ITD welcomes public input regarding the design plans and is available to answer project questions. SAMPLE IMAGE OF MEDIAN BARRIER TYPE City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 7A Project/File Number: Item Title: Legal: Annual Department Report Meetina Notes 2018 UPDATE CITY ATTORNEY’S OFFICE February 13, 2017 Bill Nary, City Attorney Ted Baird, Deputy City Attorney Emily Kane, Deputy City Attorney Andrea Pogue, Deputy City Attorney Michelle Albertson, Legal Support Services Mgr. Any Questions?? What we do… The mission of the City Attorney’s Office is to support a safe and legally compliant workplace and community by providing outstanding legal expertise, leadership, and counsel to the elected officials and employees of the City of Meridian. Mission Statement •Review every item on Council, Commission agenda •Staff all City Council meetings – at least 4/month •Staff all Commission meetings – at least 7/month •Staff internal & external committees (Impact Fee & Golf Course), task forces, project teams •Manage litigation, appeals, mediation, subpoenas, claims •Manage 7 Board of Adjustment hearings; 2 limited appeals •Questions from departments, citizens, media Mayor’s Office & City Council “Our team and the Legal team work together frequently! They are always extremely responsive, helpful, professional and outstanding! While they are undoubtedly busy, they never make it feel as though they are being burdened with any request we might have – big or small – and are willing to help in just about any capacity. I’m always confident a call to any member of the Legal team will produce a sound answer and a recommended solution.” – C. J. Coles, City Clerk City Clerk’s Office •Review all public records responses – 305 in 2017 •Review and approve Temporary Use Permits – 113 in 2017 •Prep meeting before and after City Council and Planning & Zoning Commission meetings •City Council agenda setting meeting •Records retention policy and implementation of records management initiatives •Review all forms for legal compliance •Review all contracts •Assist with Policy re-writes •Assist in documenting, advising on adverse actions (Discipline up to and including termination) Human Resources “We appreciate Andrea’s willingness, availability and flexibility to assist us when needed. We appreciate her partnership very much! “Emily is always helpful and supportive when assistance is required with City Contracts. She simplifies the process for us and works to find a solution for all.” – Crystal Ritchie, HR Manager Finance Department •Bankruptcy case management and litigation •Citywide fee schedule •Impact fee committee support •Purchasing contracts, advice •Filed over 300 MHWSD liens to protect the City “You and your team are busy and always find time to help Finance with guidance and opinions.” – Todd Lavoie, CFO “The Purchasing Department is extremely thankful for the consistent solid and timely advice provided by the City’s Legal Department. You are always available, ready to listen and provide solutions to the many contract related issues that arise during the year.” – Keith Watts, Purchasing Manager “Many of the issues involving the Fire Department, from FLSA to the Collective Labor Agreement (CLA) to subpoenas to contracts, require assistance from our Legal department. As our department grows, and the laws and rules surrounding the issues above become more complex, we will continue to need their dedicated support.” – Mark Niemeyer, Fire Chief Meridian Fire Department •Collective Labor Agreement (CLA) negotiations •ESO shared report-writing software agreement negotiations •Dispatch services agreement •Contract review •Review all public records responses – 122 in 2017 •Drafted and led negotiations of joint academy, testing, hiring MOU •Support IFC code compliance •Advise and support Code Enforcement, draft code violation letters •Draft and review agreements – RMS, training, SRO, ISU, IHS, TIPS, MADC initiatives, Public Safety Academy •Provide support in updating policies – records retention, drones, Public Safety Center •Supplement advice from prosecutor’s office on code interpretation and application Meridian Police Department •Staff all Parks & Recreation Commission meetings •Policy drafting – facility naming, Homecourt use, rec instructors •Contract drafting and review – Movie Night, emergency snow removal, CivicRec, basketball referee agreements, special events •Homecourt – liability questions, operational questions, waivers •Art in parks – Master artist agreements, agreements for Heroes Park art proposal and installation, art bench design •Prepare notices from City Arborist for nuisance trees, support tree removal/abatement efforts •Real estate transactions – 77-acre farm lease, WARD construction easement, sno-cone vendor Parks and Recreation “I can always count on Emily to relate well to whatever black hole is currently sucking my time and energy. She’ll usually respond with humor, and more often than not interjects a bit of comedic wit into an otherwise painful experience. Despite years of calling her by the name of an arch-nemesis and super villain, she amazes by continually picking up phone calls and quickly responding to requests for help. Emily’s diligence and sound advice have helped to protect the City from any number of well-intended bad ideas. She makes suggestions and provides guidance that further my ability to help others, without putting the City at risk.” – Brian McClure, Comprehensive Associate Planner Community Development Department •Prepare annexation ordinances – 27 in 2017 •Prepare all development agreements – 27 in 2017 •Assisted with home business ordinance task force, update •Support in drafting I-Code ordinance updates •Advise and support Building Official, staff •Prepare Street Name and Addressing Ordinance Update “This last year, Emily undertook a strong, concerted effort to read, understand, and apply the new regulations in our policies and procedures. She was able to take a complicated, outdated agreement template and revamp it to not only reflect the new laws and regulations, but also to incorporate new practices and policies to help increase program and compliance efficiency while reducing clutter and confusion. Emily’s work has helped to make our CDBG agreements more user-friendly and easy to understand while also being more robust and compliant. The City as a whole may not fully feel or understand the impact of Emily’s work on these agreements, but there is a profound positive impact of her work on the work of the CDBG Administrator, the City’s funding partnerships with sub-recipients, and the expectations of the City’s federal oversight representatives at HUD.” – Chris Pope, CDBG Administrator Community Development Block Grant (CDBG) •Overhauled subrecipient agreement template to comply with updated regulations •Review and support administrator with SRAs and compliance questions •Drafted sewer connection agreements •Provide ongoing support in meter monitoring initiative •Negotiated Idaho Power infrastructure purchase •SENSUS Meters and Monitoring Agreement •Review and draft construction and purchase agreements •Assisted in updating reclaimed water agreements •Assist with ordinance update for MCC 9-4-24 Public Works 2018 UPDATE RISK MANAGEMENT Bill Nary, Risk Manager Michelle Albertson, Legal Support Services Mgr. •Years as partners: 27 •Claims: 898 •Other non-claim assists: 226 •Total spent: $3.2 million o Spent to resolve: $2.5 million o Spent to defend: $700,000 Idaho Cities’ Risk Management Program (ICRMP) Losses by Coverage All cities, 2014-2018 Losses by Coverage Meridian, 2014-2018 Losses by Coverage Comparison, 2014-2018 All cities Meridian Losses by Office All cities, 2014-2018 Losses by Office Meridian, 2014-2018 Losses by Office Comparison, 2014-2018 All Cities Meridian Losses above $10,000 Meridian, 2006-2017 2017 2016 Claims against City 31 16 Claims paid by ICRMP 14 9 Damage to others’ property (Caused by City) 35 13 Damage to City’s property (Caused by City and others) 69 55 Claims Tracked •Total annual discount: $61,403 (5 Years) •Employee policy reviews: 3,734 •Driving courses completed: 1,321 •Civility/Harassment courses completed: 1,309 •Supervisor courses completed: 1,317 Risk Management Discount Savings, 2014-2018 Strategic Plan •Develop a Comprehensive Risk Management Program inclusive of Risk Identification, mitigation, safety audits, training, and proper resourcing o 40% complete o Formed internal committee to review current reporting methods, training, and costs related to claims and risk o Established quarterly meeting dates o Developing criteria for measurements Strategic Initiative Update 4.D.1 •Court facilities? •Police attorney? •Prosecution? The Future… Questions ?? On with the show… Meridian City Prosecution and Police Advice Services Denyce Thompson-Udink, Chief Deputy City Attorney - Criminal Christine Starr, Public Safety Team Senior Manager Boise Office of the City Attorney PROSECUTION SERVICES •17 Criminal Prosecutors •5 full-time judicial calendars •2 specialty or problem solving courts •DUI Court – 2 active participants and 4 graduates from Meridian cases (phasing out) •Domestic Violence Court – 52 total Meridian cases since inception PROSECUTION SERVICES -Screen police reports & decline or file charges -Review filed misdemeanor citations and misdemeanor arrests -Initial victim contact on all domestic violence related cases -Victim & witness notification, services, and meetings -Counsel and prepare officers for court appearances and investigations -Discovery review, preparation, and response -Court hearings from arraignment to trial and beyond -Specialty courts – DUI & Domestic Violence CASE LOADS The Office of the Boise City Attorney opened 14,434 new cases in 2017 for Boise, Meridian, Eagle and Garden City. Those 14,434 cases had a total of 20 ,166 new charges 3,749 of these cases were from the City of Meridian, which were comprised of a total of 5,347 charges. Meridian cases constituted 25 .9% of the total cases filed and 26.5% of the new charges Our office handled a total of 29,693 total hearings in 2017. Meridian cases comprised 7,872 of those hearings or 26.5% Incoming Cases / Charges by year 0 1000 2000 3000 4000 5000 6000 7000 2010 2011 2012 2013 2014 2015 2016 2017 Cases Charges QUESTIONS? POLICE ADVICE TEAM •Three attorneys rotate out to the Meridian Police Department three days out the week: •Christine Starr •Adam Dingeldein •Bryan Norton •There are two additional attorneys that also provide legal counsel on a regular basis: •Ralph Blount •David Judd Police Advice Services Police att0rneys at the station: •Sit in the patrol area so that officers have easy access to legal counsel •Answer officers’ legal questions regarding investigations, subpoenas, court processes, etc. •Review public records requests (2,226 in 2017) •Attend Command Staff •Assist with projects as assigned by Command Staff Police Advice Services Continued… •Provide legal review of MPD policy •Process evidence, property, & weapons dispositions •Meet with Victim Witness Coordinators to review screening decisions • Handle Subpoena Duces Tecum review for the Department •Review internal affairs matters as needed •Provide one on one training for officers Police Advice Services – Training POST certified attorney instructors provide: •Block Training on topics requested by Command Staff •Patrol Academy training several times a year •Specialized Training as requested Legal Updates are provided for officers via: •Email •Paper Briefing Bulletins •Briefing trainings (slideshows) •Classroom Training First page of a training bulletin officers received in 2017 24/7 On-Call Team In addition to the in-house advisors, there is an On-call Attorney Advisor available 24/7 to assist officers with: Telephonic blood draw warrants Legal questions that come up in the field Appropriateness of charges Appropriate actions regarding search and seizure exceptions Planning and execution of arrest and search warrants Consultation for major incidents with Command Staff. Thank you for the opportunity to serve the citizens of Meridian & to work along side Meridian’s incredible law enforcement officers! City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 713 Project/File Number: Item Title: Community Development: Budget Amendment for Program Year 2017 CDBG Award of $349,131 Meeting Notes PY2017 CDBG Budget Amendment February 13, 2018 Christopher Pope, CDBG Administrator Budget Amendment for PY2017 CDBG Award Original Budget Estimate: $349,131.00 Actual Federal Allocation: $349,131.00 Budget Reconciliation: $0.00 •Not a request for public funding •Use of these funds on projects have already been approved by Council in 2017 Staff Recommendation: APPROVAL 4- O o 0 0 0 O ao z N w p o O O O y c 00 o 0 ❑ ❑ o0 z Z 06 A O c W c -I o;o C N O ZD v v� 0 F 3 44 > > a) Ln � } } � o � � E c o r a ❑ ❑ v i 0 tka ~ d o J r C a E L� ja o m U > U a u u_ o - N o u I =O U v Ln � Q ¢ �y } LL o oa n O N > H U W f L cu°�° o E E O m m m ho m m CL > 0 0 0 o 0 O 0 o a) 0 0 �O 0 LO �O �O Ln 00 iO 0 3c`o l0 O V N m !d m zE L�p; N 4,,164 N m O O N O N O vo �tf— O0a s c O O O 0 4- O o 0 0 0 O N w p o O O O y c a) o 0 ❑ ❑ z z 06 � O c N' 6 c� G C +� 0 F 3 w c � a) Ln � O � o � � E c o r a Lw v 0 a, ~ d o J r C a E E o -r v > m Ln o C7 N o i I V Ln � - ¢ � o oa Ln O N O O > c U W f m m m m m m m m m 0 0 0 0 0 o 0 O 0 o a) 0 0 �O 0 LO �O �O Ln 00 iO O l0 O V N N m u1 N N N m O O N O N O = o O0a O O O O 0 0 0 � W LL W 00 W W Y <t 00 C c -I c -I rl ci 0 ci rl C O O O � O O O N N N C O N .L ro > N N U N a) CW G w C 4 C O E O C C o O +� O f° m m LL a) m a) U qs O 'D O Y C7 C Y fa 3 O U LOm O o 0 0 0 O N w Ln O o O O O Ln O N O a) O N ❑ ❑ z z 06 � O c N' 6 c� 1- C � 3 w <t � � Ln � O � o � � c ¢ O � v 0 a, d o J r C E E v > m Ln o 0 0 0 o i V Ln vvo_ - ¢ � o oa Ln O N O Ow a) > c U W f m m m m m m m m 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 �O 0 LO �O �O Ln in iO O l0 O V N N m u1 N N N m O O N O N O O0a O O O O 0 0 0 0 W 0a 00 00 W W <i' 00 <t 00 c -I c -I c -I rl ci �-I ci rl O O O O O O O O N N N N N N N N LOm O o 0 0 0 O N w Ln O o O O O Ln O N O o O O N ❑ ❑ z z 06 h' O O N' 6 c� 1- M 0 w <t V d Ln m i' L. vi O 0 W �. 0 d o J r C J 0 N LO Ln o 0 0 0 o O V N Lo Ln C O C o C Ln O N O Ow a) O N 00 I� O O' a U O H LO W .--i to m N G." 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C y C_ a) O � d O) a o v u n o O a O G al O O u Q C d O) CZ 01 N G E Q O O a v v �a C ra �: O G � •al v ° C E m a) E � C OI o E h o O � n�i m N W E O LL c a) E E a) a0 m OJ 0 } LL v T B 17MC 1600061 U.S. Department of housing and Urban Development Office of Community Planning and Development Funding Approval/Agreement Community Development Block Grant Program OMB Approval No. 2506-0193 Title 1 of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax 10 Number 3b. Grantee's 9 -digit DUNS Number City Of Meridian 826000225 028451367 2. Grantee's Complete Address (as shown In item 5 of Standard Form 424) 4. Date use of funds may begin 10101Y2017 33 E. Broadway Ave. 5a. Pro)ecfGrant No,1 6a, Amount Approved B -17 -MC -16.0006 S349,131.00 Meridian, ID 83642-2619 6b. Prolect(Grant No, 2 6b. Amount Approved Grant Agreement; This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title f of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.), The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified hen: unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee aga es king, and actions, as specified and required in regulations issued by the Secretary to assume all of the responsibilities for environmental review, decision ma pursuant to Section 104(g) of Title I and published in 24 CFR Part 58, The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - Renee Ryles (Acting) Grantee Name Tammy De Weerd Pro}act Number Title CPD Director Title Mayor Signature Date (mmidd") 12108/2017 Signature ——•_-.__._..... w Date (mnVddlyyyy) r frj i 7J 26 Amount 7. Category 'rae I Assistance for this Funding Action: Entitlement, See 106(b) 8. Special Conditions (check one) D None ® Attached 9a,Oate ..UD Received Submission 0811612017 10. check one a. Orig. Funding Approval © b, Amendment Amendment Number 9b. Date Grantee Notified 12/08017 9c. Date of Start of Program Year loro1017 11. Amount of Community Development Block Grant FY 2017 FY 2016 FY a. Funds Reserved for this Grantee $349,102.00 S 29.00 b. Funds now being Approved c. Reservation to be Cancelled 11 a minus 116 12a, Amount of Loan Guarantee, Commitment now being Approved 12b, Name and complete Address of Public Agency N/A City Of Meridian 33 E. Broadway Ave. Loan Guarantee Aoceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of housing and Urban Development on the above date with respect to the above grant number(s) as Granteedesignated to receive loan Meridian, fD 33642 12c. Name of Authorized Official for Designated Public Agency guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it, Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Arnount (mmrddhyyyy) F 1 5 3 m L_LL_iJ�t 1 7 6 Y Pro}act Number Amount Y Pro ct Number Amount Date Entered PAS (mmlddfyyyy) Data Entered IACCS (mmrdd6yyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form 14UD-7082 (5/15) City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 7C Project/File Number: Item Title: Quarterly Finance Department Update Meetinq Notes February 2018 Finance Quarterly Update February 13, 2018 Present FY2017 Actual Financial Results Present Top Revenue Sources Present Top Expense Sources Present Fund Balances Present Revenue to Expense Ratios Next Quarterly Update Questions City of Meridian Agenda City of Meridian FY2017 Actual Financials - Revenue General Fund FY2017 FY2017 Funds (<60)Budget YTD Actual % of Bud. Revenue 45,214,109$ 53,136,564$ 117.5% Property Taxes 28,280,322$ 28,846,379$ 102.0% Licenses & Permits 3,636,970$ 6,265,181$ 172.3% Intergovernmental 7,794,623$ 8,989,089$ 115.3% Franchise Fees 1,325,000$ 1,598,461$ 120.6% Charges for Services 1,299,052$ 2,052,871$ 158.0% Other Revenue 2,878,142$ 5,384,583$ 187.1% City of Meridian FY2017 Actual Financials - Revenue City of Meridian FY2017 Actual Financials - Revenue Enterprise Fund FY2017 FY2017 Funds (60)Budget YTD Actual % of Bud. Revenue 32,490,274$ 40,329,914$ 124.1% Water Sales 8,055,445$ 8,271,988$ 102.7% Sewer Sales 14,900,000$ 14,899,247$ 100.0% Water Assessment 2,380,000$ 4,462,931$ 187.5% Sewer Assessment 3,948,343$ 8,552,979$ 216.6% EPA Compliance Fee 1,432,215$ 1,455,268$ 101.6% Other Revenue 1,774,271$ 2,687,503$ 151.5% City of Meridian FY2017 Actual Financials - Revenue City of Meridian FY2017 Actual Financials - Expense General Fund FY2017 FY2017 Funds (<60)Budget YTD Actual % of Bud. Personnel 31,828,526$ 29,904,905$ 94.0% Admin 4,908,911$ 4,630,858$ 94.3% Fire 9,089,534$ 8,805,100$ 96.9% Parks 2,715,645$ 2,438,918$ 89.8% Police 13,729,967$ 12,702,128$ 92.5% Comm. Dev.1,384,470$ 1,327,901$ 95.9% General Fund FY2017 FY2017 Funds (<60)Budget YTD Actual % of Bud. Operating 11,677,494$ 10,376,433$ 88.9% Admin 3,442,327$ 2,428,255$ 70.5% Fire 1,476,931$ 1,256,951$ 85.1% Parks 1,877,372$ 1,731,920$ 92.3% Police 2,744,529$ 2,424,511$ 88.3% Comm. Dev.2,136,335$ 2,534,797$ 118.7% General Fund FY2017 FY2017 Funds (<60)Budget YTD Actual % of Bud. Capital 14,269,646$ 6,187,135$ 43.4% Admin 617,470$ 376,714$ 61.0% Fire 4,981,520$ 257,286$ 5.2% Parks 7,627,087$ 4,713,663$ 61.8% Police 1,015,252$ 839,472$ 82.7% Comm. Dev.28,317$ -$ 0.0% City of Meridian FY2017 Actual Financials - Expense City of Meridian FY2017 Actual Financials - Expense Enterprise Fund FY2017 FY2017 Budget YTD Actual % of Bud. Personnel 8,647,944$ 7,616,616$ 88.1% MUBS 438,980$ 413,451$ 94.2% Public Works 3,623,963$ 2,961,487$ 81.7% Water 1,827,561$ 1,708,156$ 93.5% Wastewater 2,757,440$ 2,533,523$ 91.9% Enterprise Fund FY2017 FY2017 Budget YTD Actual % of Bud. Operating 7,978,274$ 6,525,015$ 81.8% MUBS 559,179$ 542,982$ 97.1% Public Works 1,935,618$ 1,046,364$ 54.1% Water 2,250,444$ 1,865,533$ 82.9% Wastewater 3,233,033$ 3,070,136$ 95.0% Enterprise Fund FY2017 FY2017 Budget YTD Actual % of Bud. Capital 42,043,447$ 20,262,385$ 48.2% MUBS 78,260$ 38,782$ 49.6% Public Works 64,000$ 117,349$ 183.4% Water 7,969,014$ 4,435,548$ 55.7% Wastewater 33,932,174$ 15,670,706$ 46.2% City of Meridian FY2017 Actual Financials - Expense General Fund – Revenue against Expenses Excess Revenue / (Use of Fund Balance) General Fund Excess Revenue = $8,853,094 Who contributed what to the Excess Revenue Community Development $2,641,404 Impact Fees $518,315 Grants $0.00 General Fund $3,327,972 Public Safety Fund $373,488 Capital Improvement Fund $1,991,915 City of Meridian FY2017 Actual Financials Enterprise Fund – Revenue against Expenses Excess Revenue / (Use of Fund Balance) Enterprise Fund Excess Revenue = $3,740,897 Who contributed what to the Excess Revenue Water Operations $1,994,598 Wastewater Operations $5,968,571 Water Capital $681,151 Wastewater Capital <$4,903,424> City of Meridian FY2017 Actual Financials City of Meridian Top Revenue Sources – General Fund FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Property Taxes 19,416,599$ 19,767,154$ 20,856,993$ 22,534,302$ 24,786,974$ 26,634,071$ 28,846,379$ Building Permits & Fees 2,371,844$ 3,389,135$ 4,298,722$ 4,081,322$ 4,547,535$ 5,277,040$ 6,107,618$ State revenue sharing 3,087,105$ 3,499,757$ 3,846,919$ 4,262,771$ 4,886,835$ 5,498,923$ 6,081,285$ Impact Fees 1,125,056$ 1,722,884$ 2,589,827$ 2,535,597$ 2,635,464$ 2,911,180$ 4,493,820$ Rural Fire 1,598,137$ 1,689,634$ 1,701,726$ 1,439,498$ 1,208,580$ 1,387,957$ 1,230,319$ Franchise Fees 1,351,868$ 1,289,679$ 1,383,176$ 1,566,048$ 1,455,287$ 1,464,268$ 1,598,461$ City of Meridian Top Revenue Sources – Enterprise Fund FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Sewer Revenues 11,912,510$ 12,268,589$ 12,617,902$ 13,012,886$ 13,698,185$ 14,366,754$ 14,899,247$ Water Revenues 6,756,589$ 7,133,275$ 7,417,097$ 7,474,033$ 7,980,829$ 8,341,286$ 8,271,988$ Sewer Connections 1,807,672$ 2,848,848$ 3,564,035$ 4,158,781$ 4,635,454$ 5,784,049$ 8,552,979$ Water Connections 1,080,403$ 1,733,221$ 2,201,294$ 2,070,214$ 2,899,808$ 2,914,876$ 4,462,931$ Trash Billing Service 511,761$ 527,808$ 572,895$ 604,871$ 637,168$ 688,552$ 735,256$ EPA WW Compliance Fee -$ -$ -$ -$ 1,327,375$ 1,389,652$ 1,455,268$ City of Meridian Top Expense Sources – General Fund FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Police Personnel Costs 8,797,550$ 9,455,235$ 9,657,994$ 9,243,847$ 11,039,298$ 11,573,987$ 12,552,276$ Fire Personnel Costs 6,653,712$ 7,317,358$ 7,572,960$ 7,110,820$ 8,137,151$ 8,204,570$ 8,805,100$ Admin Personnel Costs 2,860,836$ 3,091,923$ 3,259,105$ 3,247,801$ 4,181,434$ 4,442,935$ 4,630,858$ Community Dev. Operating Costs 1,004,761$ 1,476,251$ 1,923,203$ 1,913,636$ 2,076,802$ 2,151,620$ 2,532,778$ Police Operating Costs 1,455,370$ 1,556,761$ 1,438,059$ 1,693,183$ 2,225,570$ 2,013,352$ 2,283,969$ Parks Construction Costs 1,297,702$ 615,904$ 2,311,728$ 570,763$ 1,260,147$ 4,210,066$ 702,224$ City of Meridian Top Expenses – Enterprise Fund FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Wastewater Construction Costs 4,820,685$ 5,157,539$ 7,321,064$ 11,206,468$ 9,146,139$ 10,271,654$ 15,670,706$ Water Construction Costs 2,073,603$ 1,624,635$ 3,461,964$ 7,684,555$ 5,715,931$ 3,705,645$ 4,435,548$ Wastewater Operating Costs 2,833,872$ 1,984,197$ 2,003,753$ 2,314,074$ 3,136,448$ 2,383,591$ 3,070,136$ Public Works Personnel Costs 1,960,355$ 2,191,298$ 2,040,601$ 2,263,212$ 2,741,345$ 2,909,703$ 2,961,487$ Water Operating Costs 2,554,587$ 1,883,733$ 1,951,011$ 2,189,603$ 2,646,982$ 2,347,512$ 1,865,533$ Wastewater Personnel Costs 1,943,982$ 1,955,102$ 1,933,412$ 1,932,209$ 2,380,631$ 2,545,518$ 2,533,523$ City of Meridian Fund Balance Report What are they? We track and compare over 50 different G/L’s, Departments, and Functions against Total Revenue and Specific Revenue sources year over year. Examples : Cell Phone, Vehicle Maintenance, Health Benefits, Wages, Fire Department, Water Department, etc.. We utilize these graphs to assist us in evaluating the City’s growth and develop trends to assist with forecasting. City of Meridian Revenue to Expense Ratios City of Meridian Revenue to Expense Ratios – General Fund City of Meridian Revenue to Expense Ratios – Enterprise Fund City of Meridian Revenue to Expense Ratios – General Fund City of Meridian Revenue to Expense Ratios – Enterprise Fund City of Meridian Revenue to Expense Ratios – General Fund City of Meridian Revenue to Expense Ratios – Enterprise Fund We Presented: Present FY2017 Actual Financial Results Present Top Revenue Sources Present Top Expense Sources Present Fund Balances Present Revenue to Expense Ratios City of Meridian Recap Information will focus on demographics and statistics Population / Employee Count / Utility Account Per Capita / Per Median Income / Per Utility Permit Sales Water Usage Contract Information City of Meridian Next Quarterly Update (May) City of Meridian Questions City of Meridian FY2017 Actual Financials – General Fund City of Meridian FY2017 Actual Financials – Enterprise Fund City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 7D Project/File Number: Item Title: Council: City Election Discussion Meeting Notes kc�( -�K -f-K t) a-- C//� 661* C)/�/ City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 7E Project/File Number: Item Title: Transportation Plans, Studies and Projects Update Meeting Notes n �� &V FC6. X, )91 (::E IDIANr J February 14, 2018 Matt Stoll Executive Director COMPASS 700 NE 2nd Street, Suite 200 Meridian, Idaho 83642 Re: State Highway 16,1-84 to US 20/26 Design Dear Mr. Stoll: Mayor Tammy de Weerd City Council Members: Luke Cavener .toe Borton Ty Palmer Genesis Milam Treg Bernt Anne Little Roberts The City of Meridian respectfully submits this letter in support of the Idaho Transportation Department's (ITD) proposal to program $6 million for preliminary engineering on State Highway 16 (SH -16), from Interstate -84 to US 20/26. Further, the City of Meridian supports the associated Regional Transportation Improvement Program (TIP) and Communities in Motion (CIM) amendments that mirror ITD's action. Several development projects have been preliminary proposed to the City in the vicinity of the SH -16 extension. Because the exact right-of-way for SH -16 is not currently known, both the private sector as well as the City is not able to effectively plan and develop in this area; the alignment must be identified so the corridor can be preserved and orderly growth and economic development can proceed. Meridian understands that this project is not currently recognized as a top regionally significant priority project. While SH -16 is not the City's nor the region's top priority, the City of Meridian supports the additional investment in design. I loop forward to discussing both the subject TIP and CIM amendments as well as the current list of unfunded regional priorities during the February 26th COMPASS Board meeting. Mayor's Office - 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 - www.meridiancity.org 1 Memo TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Transportation Projects Update, February 2018 February 13, 2018 City Council Workshop ------------------------------------------------------------------------------------------------------------------------- Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with recently. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the February 13 th workshop to discuss some of these topics in more detail. Please feel free to contact staff should you have any comments, concerns, or questions on any of these projects. Newer and/or significant information is in BOLD . KEY ACHD PROJECTS: Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in 2016-2017 with the Franklin/Black Cat intersection. The project will widen Franklin to five lanes including curb, gutter and sidewalks. Low-impact storm drain techniques are being used. As part of the scoping of this project, the City requested detached sidewalks, a center median, lighting, and reclaimed water. Estimated cost is $7.5M. Project was deemed substantially complete on November 1 st . Ustick Corridor: ACHD is working on improving the Ustick corridor and currently has construction underway at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. ACHD has grouped these three projects together and will be working on them all systematically. Knife River is the contractor. Work began on September 26th . Project deemed substantially complete on November 2 nd . Pine Ave, Meridian to Locust Grove: This project, to improve Pine between Meridian Road and Locust Grove, is in construction. The City and MDC are partnering with ACHD to ensure the design and construction of Pine Avenue is consistent with the communities’ needs. Because Meridian Public Works is planning to do sewer improvements in Pine, the roadway between Main and E. 6 th will be re-built. Establishing a Cost Share Agreement with ACHD and a project agreement between the City and MDC was approved in September. Knife River is the contractor. Contract amount is $5.5M. Pine is closed from Locust Grove to Meridian Road. The milling of the asphalt is complete. Water and power are being worked on currently. Project should be complete in September. Cherry Lane, Linder to Meridian Road Lighting: Using federal funds, ACHD is installing roadway lighting for approximately one mile of Cherry Lane. The City is providing a local match. Quality Electric, Inc. is the contractor; notice to proceed was August 27, 2017. The contractor is currently installing the lights; lane restrictions are in effect. Project to be completed before June 2018 at a cost of $340K. E. 3 rd Street Extension: When ACHD adopted the 2014-2018 Integrated Five Year Work Plan, E. 3 rd Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project was split into two phases by ACHD – north (phase 2) and south (phase 1) of Carlton. In the adopted ACHD 2018-2022 IFYWP, phase 1, between Franklin and Carlton, is in PD. Meridian Road, Cherry to Ustick: Project includes widening Meridian Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Design is underway. Construction is planned for 2020 in the ACHD adopted IFYWP at a cost of $4.3M. Appraisals began in July; right-of-way acquisition is planned for 2018. Linder Road, Franklin to Pine: Project includes the widening of Linder Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Project includes upgrade of the railroad crossing and a safe routes to school request; attached sidewalks are being designed. Construction is planned for 2020 to correspond with the upgraded railroad crossing ITD plans to do that year. Cost of $1.5M. Project is in right-of-way acquisition phase. Linder Road, Ustick to McMillan: Widen Linder to 5 lanes with curb, gutter, sidewalk and bike lanes. Construction is planned for 2021 in IFYWP at a cost of $3.5M. Project is designed. Public Involvement Meetings (PIM) held on May 1 st and August 31 st . Based on comments, pedestrian signal at Monument Drive may eventually become full signal. This project is shown for construction in 2021 in the adopted 2018-2022 IFYWP. ACHD is looking to advance construction of this project up to 2019. Linder Road, Cayuse Creek Drive to Chinden: Widen the remaining portions of Linder to 5 lanes with curb, gutter, sidewalk and bike lanes. Construction was planned for 2020 at a cost of $653,000. Currently in design phase and tracking with Linder, Ustick to McMillan project. This project has advanced to construction (CN) to 2019 in the adopted 2018-2022 IFYWP. Ten Mile Road, McMillan to Chinden: Widen Ten Mile to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done with in-house, ACHD resources, beginning in 2018. Right-of-way acquisition is in 2020 and construction is planned for 2022 in the adopted 2018-2022 IFYWP with a cost of $3.5M. Project kick-off meeting held November 30 th . ACHD is looking to advance construction of this project up to 2020. Ten Mile Road, Ustick to McMillan: Widen Ten Mile to 5 lanes with curb, gutter, sidewalk and bike lanes. Project includes 2 bridges. Design is in 2018, right-of-way acquisition in 2019, and construction is planned for 2021 in the adopted 2018-2022 IFYWP with a cost of $5.7M. Eagle Road, Amity to Victory: Widen to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done with in-house, ACHD resources, beginning in 2018. Construction is planned for 2020 in the adopted 2018-2022 IFYWP with a cost of $4.5M. Project kick-off meeting held on February 8 th . Eagle Road/Amity Roundabout: ACHD has entered into a Cooperative Development Agreement (CDA) with Albertsons to reconstruct the Eagle/Amity Roundabout. These improvements include full improvements, curb, gutter, and sidewalk on their frontages of both roads in addition in re-building the RAB with two-lanes on each leg. That project is expected to begin construction in the next few months. NOTE: There is insufficient right-of-way on Amity west of Eagle to allow the striping of the bike lane on the north side of the road, so it will only be the two travel lanes westbound, the center turn lane, and one eastbound travel lane until ACHD can program a project there in the future and widen to the south. The west side of Eagle Road will be fully improved including the bike lane. Eagle Road, Lake Hazel to Amity: Widen to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done in 2022. Construction is in PD in the adopted 2018-2022 IFYWP with a cost of $3.4M. Lake Hazel Road, Eagle to Cloverdale: Widen to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done in 2022. Construction is in PD in the adopted 2018-2022 IFYWP with a total cost of $2.3M. Locust Grove Road, Victory to Overland: Widen to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done in 2022. Construction is in PD in the adopted 2018-2022 IFYWP with a cost of $4.07M. Locust Grove Road, Fairview to Ustick: Widen to 5 lanes with curb, gutter, sidewalk and bike lanes. Design will be done in 2022 ($365K); construction is in PD in the adopted 2018- 2022 IFYWP with a cost of $3.325M ($4M total cost). Fairview/Locust Grove Signal: Widen intersection to 8 lanes on Fairview and 7 lanes on Locust Grove, including curb, gutter, sidewalk and bike lanes. Design in 2020, right-of-way acquisition in 2021, and construction in 2022 in adopted IFYWP with a cost of $6.457M. Victory/Locust Grove Roundabout: Construct a multi-lane roundabout. Design is in 2019, right-of-way acquisition in 2020, and construction is planned for 2021 in the adopted 2018- 2022 IFYWP with a cost of $1.25M. Ten Mile/Amity Intersection: A traffic study was finished by Six Mile Engineering in April. ACHD is proceeding with design and ROW. Design will take place in FY17/FY18 with ROW programmed for FY18/19. A dual-lane roundabout will be the ultimate build-out condition of the intersection. Initially though, a single-lane roundabout will be constructed; designed for easy expansion to a dual-lane. This project is shown for construction in 2022 in the adopted 2018-2022 IFYWP. ITD PROJECTS SH-55 (Eagle Road): Design work is complete to add an additional northbound and southbound lane to Eagle Road, between River Valley and I-84. The northbound lane between Franklin and Fairview was complete spring of 2017. CenterCal plans to construct the additional southbound lane in 2022 through the STAR program. US 20/26: A Strategic Initiatives Project to widen Chinden to 4-lanes between Locust Grove and Eagle is in the ITIP for construction in 2021. ITD and ACHD are coordinating intersection improvements at Locust Grove/Chinden as well. On September 21st, the ITD Board approved the FY18-2024 ITIP (this is the first year for a 7-year Program). The ITIP contains segments of US 20/26, from Eagle Road to Star Road – 7 miles! On October 30th, the Federal Highway Administration (FHWA) determined that the US 20/26 EA will have no significant impact on the human or natural environment (FONSI). This finding allows the improvements, and mitigation, on the corridor to proceed. A kick-off meeting was held at ITD District 3 on December 5th , for the Locust Grove to Eagle segment; Parametrix is doing the design for ITD. The cities of Eagle, Boise and Meridian all impacted. City, ITD and ACHD staff are coordinating with a couple of developers on the potential to accelerate improvements between Locust Grove and SH-16, through a STAR(s) agreement(s). Interstate 84: This project is for the Nampa segment of the Interstate between Karcher Underpass and Franklin Boulevard. The project includes replacement and widening of a canal structure at Mason Creek, replacement and expansion of two bridges that cross over the UPRR and a canal, widening I-84 to three lanes with an additional auxiliary lane between Franklin and Northside Boulevards, and improving the two interchanges. This corridor is listed as the number one priority in the regional long-range transportation plan. In April, the ITD Board voted to use additional GARVEE bonding authority for this project. A FY2017-2021 STIP/TIP amendment added $150M to the program for this project. SH-16: During the December 14 th ITD Board meeting, the Board approved $6M to design SH-16 between US 20/26 and I-84 in 2018. COMPASS held a public comment period in January as part of a TIP amendment process. The COMPASS Board is scheduled to act on a TIP amendment during their February 26 th meeting. In advance of that meeting, Staff recommends the City send a letter in support of this project to COMPASS. Staff will bring a draft letter to the February 13 th workshop. PATHWAYS Rail with Trail: In the fall of 2012, the City applied for an $85,000 grant to study the Rail with Trail (RWT) pathway crossing of streets (7 crossings; Black Cat to Locust Grove). Currently, there is $511,000 in PD for pathway construction in the Regional Transportation Improvement Plan (TIP). This project was recently delayed as there are additional environmental and right-of-way impacts. Five Mile Creek Pathway: The City applied for a COMPASS grant to design and construct a portion of the Five Mile Creek pathway near the wastewater recovery facility. Parametrix has prepared the project development report which should be available on the COMPASS website in the near future. This project has advanced from PD to CN in 2022 at a cost of $395K in the TIP. MDC / OTHER PROJECTS Harvest Lifestyle Service: A public transit service focusing on seniors and persons with disabilities has been operating since December 2016. This Lifestyle Service concept, which includes two service zones, was presented to the Council in July of 2016. The Council agreed to help with start-up costs and try the service for FY17. The service is operated by Harvest Church. Transit: Valley Regional Transit (VRT) is in the process of updating ValleyConnect, VRT’s six-year capital and service plan. ValleyConnect 2.0 will guide future VRT activities and be used to help coordinate VRT activities, funding as well as with community stakeholders. ValleyConnect 2.0 was approved by the VRT Board for release for public comment in January. VRT staff will present on this topic during the March 13 th , City Council workshop and look for Council feedback on the plan. Eagle Road Signal Equipment Upgrades: In 2018, ITD plans to install upgraded signal controllers and radar detection at intersections along the corridor. ACHD has Signal Performance Measure software that provides a visual display of traffic data to aid in signal timing and maintenance. This is a $463,000 project. Eagle Road Bike/Ped Project Development: COMPASS has contracted with Keller Associates to further develop a bicycle and pedestrian plan for the corridor. The boundaries of the project are Overland and Chinden. Reports for the four highest ranking segments have been completed. Earlier this year, City Staff submitted a Phase II application to COMPASS seeking funding for design and construction of this project. In the 2018-2022 TIP there is $700K programmed in PD for CN of the first segment, Franklin to Pine. Meridian Transportation Commission: David Ballard, the Chair of the Meridian Transportation Commission will present the Commission’s 2017 Annual Report during the February 27 st City Council meeting. Speed Limits: The Meridian Transportation Commission (TC) is charged with making recommendations to the Council on speed limit changes. During a public hearing last year, the Mayor asked that the TC look at some concerns residents had expressed about the speed limits on Eagle Road and Lake Hazel Road. Additionally, the Meridian Police Department brought up some speed discrepancies with the TC along Franklin Road. During the December meeting, the TC asked ACHD to look at three segments of roadways: Eagle Road, south of Amity; Lake Hazel, west of Eagle and Franklin Road, Eagle to Black Cat. Josh Saak, ACHD Traffic Engineer, evaluated these roadways and recommends that only two sections of Franklin be changed; no changes to Eagle or Lake Hazel speed limits. After reviewing and discussing the results in February, the TC requests the City Council petition ACHD to make changes to raise the posted speed limit on Franklin, between Eagle and Locust Grove and between Ten Mile to Black Cat from 40 mph to 45 mph. The rest of the corridor will remain 40 mph. Below are the raw results of the speed studies. Eagle, Victory to Amity (45 mph posting): Avg. speed = 44 mph 85th perc. Speed = 49 mph Pace = 40-49 mph Percent in pace = 74% Percent under pace = 16% Percent over pace = 10% Lake Hazel, E of Eagle (50 mph posting, 106 vehicle sample): Avg. speed = 46 mph 85th perc. Speed = 50 mph Pace = 41-50 mph Percent in pace = 75% Percent under pace = 9% Percent over pace = 15% Lake Hazel, W of Apsley (35 mph posting, 116 vehicle sample): Avg. speed = 39 mph 85th perc. Speed = 43 mph Pace = 35-44 mph Percent in pace = 85% Percent under pace = 7% Percent over pace = 8% Franklin, Eagle to Locust Grove (40 mph posting): Avg. speed = 42 mph 85th perc. Speed = 46 mph Pace = 37-46 mph Percent in pace = 80% Percent under pace = 5% Percent over pace = 15% Franklin, Locust Grove to Main (40 mph posting): Avg. speed = 39 mph 85th perc. Speed = 42 mph Pace = 34-43 mph Percent in pace = 88% Percent under pace = 4% Percent over pace = 8% Franklin, Meridian to Linder (40 mph posting): Avg. speed = 41 mph 85th perc. Speed = 44 mph Pace = 37-46 mph Percent in pace = 87% Percent under pace = 6% Percent over pace = 7% Franklin, Linder to Ten Mile (45 mph posting): Avg. speed = 46 mph 85th perc. Speed = 50 mph Pace = 42-51 mph Percent in pace = 84% Percent under pace = 7% Percent over pace = 9% Franklin, Ten Mile to Black Cat (40 mph posting): Avg. speed = 46 mph 85th perc. Speed = 50 mph Pace = 41-50 mph Percent in pace = 78% Percent under pace = 7% Percent over pace = 15% (JES) ACHD 2019-2023 IFYWP: Annually, the City prepares transportation priority lists for the transportation agencies (ACHD, ITD, COMPASS and VRT) to consider in their programming and budget processes. The Meridian Transportation Commission (TC) is tasked with making recommendations to the City Council on priority transportation projects. On November 9th, the Ada County Highway District (ACHD) sent a letter to the City, requesting priority projects for them to consider in their 2019-2023 Integrated Five-Year Work Plan (IFYWP.) ACHD is requesting all project requests be submitted no later than March 16, 2018. During their January and February meetings, the Meridian TC discussed moving projects up, down, onto, or off of the priority lists from 2017 and have completed their recommendation to Council. Attached are the TC’s 2018 priorities for Council to consider and endorse. Staff requests Council review and endorse the lists so staff can prepare a cover letter and send our Roadway, Intersection and Community Program priority projects to ACHD by the deadline. NOTE: Potential talking points for the cover letter are highlighted yellow in the lists below. Ci t y o f M e r i d i a n 2 0 1 8 P r i o r i t i z a t i o n R e q u e s t s 20 1 8 C i t y 20 1 7 C i t y GI S # AC H D P r o j e c t N a m e Pr o j e c t D e s c r i p t i o n Cu r r e n t P r o g r a m m i n g S t a t u s Ad d i t i o n a l P r o j e c t S p e c i f i c / M i s c e l l a n e o u s In IF Y W P DS N Y R R O W Y R C N Y R To t a l C o s t (M i l l i o n s ) Pr o g r a m m i n g N o t e s Ro a d & I n t e r s e c t i o n 1 3 RD 2 0 2 - 44 Lo c u s t G r o v e R d , Vi c t o r y R d / O v e r l a n d Rd Wi d e n L o c u s t G r o v e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w a l k a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 2 2 P D P D $ 4 . 0 7 D e s i g n t o b e g i n i n F Y 2 0 2 2 . 2 1 RD 2 1 3 - 16 Li n d e r R d , F r a n k l i n R d / P i n e A v e ( L i n d e r R d , Fr a n k l i n R d / C h e r r y L n ) Wi d e n L i n d e r R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . P r o j e c t i n c l u d e s u p g r a d e of t h e U n i o n P a c i f i c Ra i l r o a d c r o s s i n g a n d b r i d g e # 1 3 1 . Ye s D o n e 2 0 1 7 - 20 1 8 20 2 0 $ 2 . 8 2 T o b e b u i l t i n F Y 2 0 2 0 . 3 4 IN 2 1 1 - 05 Fa i r v i e w A v e a n d Lo c u s t G r o v e R d Wi d e n i n t e r s e c t i o n t o 8 l a n e s o n F a i r v i e w A v e a n d 7 l a n e s o n L o c u s t G r o v e R d , in c l u d i n g c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s i n a c c o r d a n c e w i t h t h e 2 0 1 6 CI P . Ye s 2 0 2 0 2 0 2 1 2 0 2 2 $ 6 . 4 6 T o b e b u i l t i n F Y 2 0 2 2 . 4 5 RD 2 0 7 - 33 Ea g l e R d , A m i t y R d / Vi c t o r y R d Wi d e n E a g l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w a lk a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 1 8 2 0 1 9 2 0 2 0 $ 4 . 4 9 T o b e b u i l t i n F Y 2 0 2 0 . 5 6 RD 2 0 7 - 23 Me r i d i a n R d , C h e r r y Ln / U s t i c k R d Wi d e n M e r i d i a n R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . P r o j e c t i n c l u d e s M e r i di a n R d B r i d g e s # 2 0 4 5 an d # 1 2 6 X a n d e n h a n c e d c r o s s i n g s a t J a m e s C t a n d W o od b u r y D r . Ye s D o n e 2 0 1 8 2 0 2 0 $ 5 . 4 3 T o b e b u i l t i n F Y 2 0 2 0 . 6 9 IN 2 1 5 - 06 Vi c t o r y R d a n d L o c u s t Gr o v e R d R o u n d a b o u t Co n s t r u c t a m u l t i - l a n e r o u n d a b o u t w i t h 2 l a n e s o n L oc u s t G r o v e l e g s a n d 1 la n e o n V i c t o r y l e g s i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P. Ye s 2 0 1 9 2 0 2 0 2 0 2 1 $ 1 . 2 6 T o b e b u i l t i n F Y 2 0 2 1 . P l e a s e i n cl u d e t h e m i s s i n g s i d e w a l k a t As c a i n o W a y a t t h e T e n M i l e C r e e k i n t h e sc o p e o f t h i s p r o j e c t . 7 1 1 RD 2 1 0 - 02 Lo c u s t G r o v e R d , Fa i r v i e w A v e / U s t i c k Rd Wi d e n L o c u s t G r o v e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 2 2 P D P D $ 4 . 0 0 D e s i g n t o b e g i n i n F Y 2 0 2 2 . 8 1 6 RD 2 0 2 - 32 Te n M i l e R d , U s t i c k R d / M c M i l l a n R d Wi d e n T e n M i l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . P r o j e c t i n c l u d e s b r i d g e s #1 1 0 3 a n d # 2 2 0 4 . Ye s 2 0 1 8 2 0 1 9 2 0 2 1 $ 5 . 7 1 T o b e b u i l t i n F Y 2 0 2 1 . P a r k s w o u ld l i k e t o a d v a n c e d u e t o R e t a Hu s k e y P a r k ( B e l l a n o C r e e k ) a n d p a t h w a y ex t e n s i o n a c r o s s T e n M i l e - n e e d p e d e s t r i a n cr o s s i n g . 9 1 4 RC 0 2 9 9 T e n M i l e R d , V i c t o r y Rd / O v e r l a n d R d Wi d e n T e n M i l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 4 . 3 8 T o b e p r i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n t o f u t u r e I F Y W P up d a t e s . 10 1 0 RD 2 1 5 - 02 Vi c t o r y R d , L o c u s t Gr o v e R d / E a g l e R d Wi d e n V i c t o r y R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e wa l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 7 7 P r i o r i t i z e d . T o b e e v a l u a t e d fo r p o s s i b l e i n c l u s i o n i n fu t u r e I F Y W P u p d a t e s . 11 1 2 RD 2 0 2 - 20 Lo c u s t G r o v e R d , Us t i c k R d / M c M i l l a n Rd Wi d e n L o c u s t G r o v e R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 2 . 4 5 P r i o r i t i z e d . T o b e e v a l u a t e d fo r p o s s i b l e i n c l u s i o n i n fu t u r e I F Y W P u p d a t e s . 12 7 RD 2 0 2 - 27 Mc M i l l a n R d , M e r i d i a n Rd / L o c u s t G r o v e R d Wi d e n M c M i l l a n R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s . N o T B D D e f e r . O p e r a t i n g a t a L O S E . 13 8 RD 2 1 5 - 03 Mc M i l l a n R d , L i n d e r Rd / M e r i d i a n R d Wi d e n M c M i l l a n R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s . N o $ 3 . 7 6 P r i o r i t i z e d . T o b e e v a lu a t e d fo r p o s s i b l e i n c l u s i o n i n fu t u r e I F Y W P u p d a t e s . 14 1 3 RD 1 8 8 T e n M i l e R d , M c M i l l a n Rd / C h i n d e n B l v d ( U S 20 / 2 6 ) Wi d e n T e n M i l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . Ye s 2 0 1 8 2 0 2 0 2 0 2 2 $ 3 . 3 6 T o b e b u i l t i n F Y 2 0 2 2 . 15 1 5 RD 2 0 7 - 24 Us t i c k R d , T e n M i l e R d / L i n d e r R d Wi d e n U s t i c k R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 2 5 P r i o r i t i z e d . T o b e e v a l u a t e d fo r p o s s i b l e i n c l u s i o n i n fu t u r e I F Y W P u p d a t e s . 16 1 7 RD 2 0 7 - 34 Lo c u s t G r o v e R d , Am i t y R d / V i c t o r y R d Wi d e n L o c u s t G r o v e R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s . N o $ 2 . 7 5 D e f e r . O p e r a t i n g a t a L O S D . C i t y r e q u e s t s A C H D e v a l u a t e i f t h i s s h o u l d ul t i m a t e l y b e a 5 - l a n e r o a d w a y s e g m e n t . 17 1 8 RD 2 0 2 - 17 Li n d e r R d , C a y u s e Cr e e k D r / C h i n d e n Bl v d ( U S 2 0 / 2 6 ) Wi d e n L i n d e r R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . Ye s D o n e 2 0 1 8 2 0 1 9 $ 0 . 6 5 T o b e b u i l t i n F Y 2 0 1 9 . 18 1 9 RD 2 0 2 - 18 Li n d e r R d , U s t i c k R d / Mc M i l l a n R d Wi d e n L i n d e r R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . Ye s D o n e 2 0 1 8 2 0 2 1 $ 3 . 8 8 T o b e b u i l t i n F Y 2 0 2 1 . 19 2 0 RD 2 0 9 - 15 Li n d e r R d , C h e r r y L n / Us t i c k R d Wi d e n L i n d e r R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h 2 0 1 6 C I P . No $ 3 . 5 2 D e f e r . O p e r a t i n g a t a L O S E . 20 2 1 RC 0 2 0 7 L i n d e r R d , O v e r l a n d Rd / F r a n k l i n R d Wi d e n L i n d e r R d t o 5 l a n e s a n d c o n s t r u c t a n e w 4 - l a ne I - 8 4 o v e r p a s s , in c l u d i n g c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s i n a c c o r d a n c e w i t h t h e 2 0 1 6 CI P . P r o j e c t w o u l d b e a j o i n t p r o j e c t b e t w e e n A C H D an d I T D . No $ 3 . 1 5 A C H D t o c o o r d i n a t e w i t h I T D on r e q u e s t . P r o j e c t t o m o v e fo r w a r d w h e n f u n d i n g pa r t n e s h i p i s p o s s i b l e . 21 2 2 IN 2 0 6 - 02 Ov e r l a n d R d a n d Li n d e r R d Wi d e n a n d s i g n a l i z e i n t e r s e c t i o n t o 5 l a n e s o n L i n d er R d a n d 6 l a n e s o n Ov e r l a n d R d i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 4 . 4 4 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 22 2 3 IN 2 0 2 - 09 Us t i c k R d a n d B l a c k Ca t R d Co n s t r u c t a d u a l l a n e r o u n d a b o u t i n a c c o r d a n c e w i t h t h e 2 0 1 6 . C I P . N o $ 2 . 0 5 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 23 2 4 RD 2 0 2 - 30 Me r i d i a n R d , U s t i c k R d / M c M i l l a n R d Wi d e n M e r i d i a n R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 2 . 5 4 D e f e r . O p e r a t i n g a t a L O S D . 24 2 6 RD 2 0 2 - 29 Me r i d i a n R d , M c M i l l a n Rd / C h i n d e n B l v d Wi d e n M e r i d i a n R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 3 6 D e f e r . O p e r a t i n g a t a L O S D . 25 2 7 IN 2 0 9 - 06 US 2 0 / 2 6 ( C h i n d e n Bl v d ) a n d L o c u s t Gr o v e R d Wi d e n L o c u s t G r o v e R d i n t e r s e c t i o n l e g s i n c o o r d i n a ti o n w i t h I T D . Y e s U F U F U F T B D A C H D c o o r d i n a t i n g w i t h I T D on p o t e n t i a l i m p r o v e m e n t t o Lo c u s t G r o v e d u r i n g C h i n d e n wi d e n i n g p r o j e c t . 26 2 8 IN 2 0 9 - 05 US 2 0 / 2 6 ( C h i n d e n Bl v d ) a n d M e r i d i a n R d Wi d e n M e r i d i a n R d i n t e r s e c t i o n l e g s i n c o o r d i n a t i o n w i t h I T D . Y e s U F U F U F T B D A C H D c o o r d i n a t i n g w i t h I T D on p o t e n t i a l i m p r o v e m e n t t o Me r i d i a n R d d u r i n g C h i n d e n wi d e n i n g p r o j e c t . 27 2 9 IN 2 0 5 - 20 US 2 0 / 2 6 ( C h i n d e n Bl v d ) a n d B l a c k C a t R d Wi d e n i n t e r s e c t i o n i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P in c o o r d i n a t i o n w i t h I T D . N o $ 1 . 2 1 A C H D t o c o o r d i n a t e w it h I T D on r e q u e s t . P r o j e c t t o m o v e fo r w a r d w h e n f u n d i n g pa r t n e s h i p i s p o s s i b l e . 28 3 0 IN 2 0 5 - 32 US 2 0 / 2 6 ( C h i n d e n Bl v d ) a n d T e n M i l e R d Wi d e n i n t e r s e c t i o n i n c o o r d i n a t i o n w i t h I T D . N o $ 1 . 2 3 A CH D l e g s a r e b u i l t o u t . AC H D t o e n c o u r a g e I T D im p r o v e m e n t o n C h i n d e n Bl v d . 29 3 1 Vi c t o r y R d , M e r i d i a n Rd / L o c u s t G r o v e R d Wi d e n V i c t o r y R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e wa l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 1 0 D e f e r . O p e r a t i n g a t a L O S E . 30 2 5 IN 2 1 5 - 05 Ea g l e R d a n d A m i t y R d Ro u n d a b o u t ( D u a l La n e ) Wi d e n r o u n d a b o u t t o a d u a l l a n e r o u n d a b o u t , w i t h c u rb , g u t t e r , s i d e w a l k , a n d bi k e l a n e s . P r o j e c t t o b e c o n s t r u c t e d c o n c u r r e n t l y wi t h E a g l e R d , A m i t y R d / Vi c t o r y R d . No $ 1 . 1 3 T o b e b u i l t b e d e v e l o p m e n t . D e v e l o p e r ( B r i g h to n ) t o b u i l d i n 2 0 1 8 - m o v e ou t s i d e o f t o p 2 5 . 31 3 2 RC 0 1 6 1 F r a n k l i n R d , Mc D e r m o t t R d / B l a c k Ca t R d Wi d e n F r a n k l i n R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s . N o $ 2 . 9 1 I m p l e m e n t a t i o n w i l l b e co o r d i n a t e d w i t h F r a n k l i n R d im p r o v e m e n t s i n C a n y o n Co u n t y a n d S H 1 6 E x t e n s i o n . No t i n c l u d e d i n t h e 2 0 1 6 C I P . 32 3 3 IN 2 0 5 - 03 Te n M i l e R d a n d A m i t y Rd Co n s t r u c t a r o u n d a b o u t . P r o j e c t i n c l u d e s b r i d g e # 2 0 5A X . Y e s 2 0 1 8 2 0 1 8 - 20 1 9 20 2 2 $ 1 . 5 9 T o b e b u i l t i n F Y 2 0 2 2 . 33 3 5 IN 2 1 1 - 06 Ch e r r y L n a n d L i n d e r Rd Wi d e n i n t e r s e c t i o n t o 4 l a n e s L i n d e r R d a n d 5 / 6 l a ne s o n C h e r r y L n i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 2 9 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 34 3 6 IN 2 1 5 - 07 Ch e r r y L n a n d B l a c k Ca t R d Wi d e n i n t e r s e c t i o n t o 5 / 6 l a n e s o n o n B l a c k C a t R d an d 5 l a n e s o n C h e r r y L n in a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 2 0 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 35 3 7 IN 2 1 4 - 03 Vi c t o r y R d a n d T e n Mi l e R d Wi d e n i n t e r s e c t i o n t o 6 l a n e s o n T e n M i l e a n d 5 l a n es . N o $ 2 . 5 3 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . N o t i n c l u d e d i n t h e 20 1 6 C I P . 36 3 8 RC 0 1 3 0 F a i r v i e w A v e , S H 5 5 (E a g l e R d ) / Cl o v e r d a l e R d Wi d e n F a i r v i e w A v e t o 7 l a n e s w i t h c u r b , g u t t e r , s i de w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 2 . 0 3 D e f e r . O p e r a t i n g a t a L O S D . 37 3 9 RD 2 0 7 - 19 Li n d e r R d , C h i n d e n Bl v d ( U S 2 0 / 2 6 ) / S H 44 ( S t a t e S t ) Wi d e n L i n d e r R d t o 7 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . P r o j e c t i n c l u d e s b r i d ge s # 8 0 , # 8 1 , a n d # 8 2 . Ye s 2 0 2 1 - 20 2 2 PD U F $ 2 4 . 7 2 C o n c e p t d e s i g n t o o c c u r i n FY 2 0 1 8 . 38 4 0 RC 0 1 3 3 F a i r v i e w A v e , L o c u s t Gr o v e R d / S H 5 5 (E a g l e R d ) Wi d e n F a i r v i e w A v e t o 7 l a n e s w i t h c u r b , g u t t e r , s i de w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 2 9 D e f e r . O p e r a t i n g a t a L O S D . 39 4 1 RC 0 1 3 5 F a i r v i e w A v e , Me r i d i a n R d / L o c u s t Gr o v e R d Wi d e n F a i r v i e w A v e t o 7 l a n e s w i t h c u r b , g u t t e r , s i de w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 5 . 3 3 D e f e r . O p e r a t i n g a t a L O S D . 40 4 2 RD 2 1 5 - 17 Ch e r r y L n , L i n d e r R d / Me r i d i a n R d Wi d e n C h e r r y L n t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s . N o T B D D e f e r . O p e r a t i n g a t a L O S D. No t a 2 0 1 6 C I P p r o j e c t . 41 4 3 RD 2 0 8 - 10 Fa i r v i e w A v e C o r r i d o r Ma n a g e m e n t , L i n d e r Rd / O r c h a r d S t Im p r o v e s a f e t y a n d t r a f f i c o p e r a t i o n s a l o n g F a i r v i e w A v e i n a c c o r d a n c e w i t h th e F a i r v i e w A v e n u e C o r r i d o r M a n a g e m e n t S t r a t e g y . P ro j e c t m a y i n c l u d e bi c y c l e a n d p e d e s t r i a n f a c i l i t i e s a n d o t h e r a c c e s s ma n a g e m e n t t r e a t m e n t s . No T B D P r o j e c t t o b e i m p l e m e n t e d th r o u g h d e v e l o p m e n t . A C H D an d M e r i d i a n t o c o o r d i n a t e im p l e m e n t a t i o n a s de v e l o p m e n t a p p l i c a t i o n s ar e p r o c e s s e d . 42 4 4 RD 2 0 9 - 03 Te n M i l e R d , A m i t y R d / V i c t o r y R d Wi d e n T e n M i l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d ew a l k , a n d b i k e l a n e s . N o $ 3 . 0 3 D e f e r . O p e r a t i n g a t a LO S D . No t a 2 0 1 6 C I P p r o j e c t . 43 5 7 IN 2 1 6 - 01 La k e H a z e l R d a n d Ea g l e R d Wi d e n a n d s i g n a l i z e i n t e r s e c t i o n t o 4 / 5 l a n e s o n E a gl e a n d 3 / 5 l a n e s o n L a k e Ha z e l i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 2 1 2 0 2 2 P D $ 5 . 0 2 D e s i g n t o b e g i n i n F Y 2 0 2 1 . W i t h d e ve l o p m e n t i n s o u t h M e r i d i a n , t h i s in t e r s e c t i o n n e e d s t o b e i m p r o v e d ; c u r r e n t l y 4- w a y s t o p c o n t r o l l e d . 44 4 5 RD 2 1 5 - 18 Ea s t 0 3 r d S t Ex t e n s i o n , C a r l t o n S t / Fa i r v i e w A v e ( P h a s e 2 ) Ex t e n d r o a d w a y a n d c o n s t r u c t s t r e e t s c a p e i m p r o v e m e n ts , i n c l u d i n g c u r b , gu t t e r , s i d e w a l k , a n d i m p r o v e d U P R R c r o s s i n g , f r o m Ca r l t o n A v e t o F a i r v i e w Av e i n a c c o r d a n c e w i t h t h e D o w n t o w n M e r i d i a n N e i g h b or h o o d P l a n . No T B D D e f e r u n t i l c o m p l e t i o n o f Ph a s e 1 ( F r a n k l i n t o C a r l t o n ) . 45 4 6 RD 2 0 9 - 04 Br o a d w a y A v e / I d a h o Av e E x t e n s i o n , E a s t 06 t h S t / L o c u s t G r o v e Rd No T B D D e f e r . P r o j e c t w o u l d n e e d t o be b u i l t b y d e v e l o p m e n t . 46 4 7 IN 2 0 5 - 21 Mc M i l l a n R d a n d Bl a c k C a t R d Co n s t r u c t a m u l t i - l a n e r o u n d a b o u t i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . N o $ 1 . 5 6 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 47 4 8 IN 2 0 8 - 02 Am i t y R d a n d B l a c k Ca t R d Wi d e n i n t e r s e c t i o n t o 3 / 4 l a n e s o n A m i t y a n d 3 / 4 l a ne s o n B l a c k C a t i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 1 . 3 6 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 48 4 9 IN 2 0 3 - 25 Mc M i l l a n R d a n d S t a r Rd Co n s t r u c t a m u l t i - l a n e r o u n d a b o u t i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . N o $ 1 . 6 7 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 49 5 0 IN 2 1 5 - 08 Am i t y R d a n d L i n d e r Rd Co n s t r u c t a s i n g l e - l a n e r o u n d a b o u t i n a c c o r d a n c e w i th t h e 2 0 1 6 C I P . N o $ 3 . 0 4 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 50 5 1 IN 2 1 5 - 09 Ch e r r y L n a n d Mc D e r m o t t R d Wi d e n i n t e r s e c t i o n t o 3 l a n e s o n M c D e r m o t t a n d 5 l a ne s o n C h e r r y . N o $ 1 . 1 8 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . N o t a 2 0 1 6 C I P pr o j e c t . 51 5 2 IN 2 1 5 - 10 Fr a n k l i n R d a n d Mc D e r m o t t R d Co n s t r u c t a s i n g l e - l a n e r o u n d a b o u t i n a c c o r d a n c e w i th t h e 2 0 1 6 C I P . N o $ 1 . 6 1 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 52 5 3 IN 2 0 2 - 20 Us t i c k R d a n d Mc D e r m o t t R d Wi d e n i n t e r s e c t i o n t o 3 l a n e s o n M c D e r m o t t a n d 4 l a ne s o n U s t i c k i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 1 . 1 5 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 53 5 4 IN 2 1 5 - 11 Mc M i l l a n R d a n d Mc D e r m o t t R d Wi d e n a n d s i g n a l i z e i n t e r s e c t i o n t o 3 / 4 l a n e s o n M c De r m o t t a n d 3 l a n e s o n Us t i c k i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 1 . 6 8 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 54 5 5 IN 2 0 5 - 88 Us t i c k R d a n d S t a r R d C o n s t r u c t a s i n g l e - l a n e r o u n d a bo u t i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . N o $ 0 . 9 4 D e f e r . Op e r a t i n g a t a L O S C or b e t t e r . 55 5 6 Te n M i l e R d a n d Ch a t e a u D r Si g n a l i z e i n t e r s e c t i o n . No T B D D o e s n o t c u r r e n t l y m e e t wa r r a n t s . A C H D t o re e v a l u a t e a s d e v e l o p m e n t oc c u r s i n t h e a r e a . 56 5 8 La k e H a z e l R d a n d Lo c u s t G r o v e R d Co n s t r u c t a s i n g l e - l a n e r o u n d a b o u t i n a c c o r d a n c e w i th t h e 2 0 1 6 C I P . N o $ 1 . 0 7 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 57 5 9 Am i t y R d a n d L o c u s t Gr o v e R d Wi d e n a n d s i g n a l i z e i n t e r s e c t i o n t o 3 / 4 l a n e s o n L o cu s t G r o v e a n d 5 / 6 l a n e s on A m i t y i n a c c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 2 . 1 3 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 58 6 0 Vi c t o r y R d a n d L i n d e r Rd Co n s t r u c t a s i n g l e - l a n e r o u n d a b o u t i n a c c o r d a n c e w i th t h e 2 0 1 6 C I P . N o $ 1 . 6 4 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . 59 6 1 Lo c u s t G r o v e R d , Mc M i l l a n R d / Ch i n d e n B l v d ( U S 20 / 2 6 ) Wi d e n L o c u s t G r o v e R d t o 3 l a n e s w i t h c u r b , g u t t e r , s i d e w a l k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . No $ 3 . 3 6 D e f e r . O p e r a t i n g a t a L O S D . 60 6 2 Us t i c k R d , M c D e r m o t t Rd / B l a c k C a t R d Wi d e n U s t i c k R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s . N o $ 3 . 0 6 D e f e r . O p e r a t i n g a t a L O S C or b e t t e r . N o t a 2 0 1 6 C I P pr o j e c t . NA 2 RD 2 0 8 - 01 Pi n e A v e , M e r i d i a n R d / L o c u s t G r o v e R d Re c o n s t r u c t r o a d w a y t o i n c l u d e w i d e n i n g a t i n t e r s e c ti o n s , c u r b , g u t t e r , si d e w a l k a n d b i k e l a n e s i n p a r t n e r s h i p w i t h t h e C i t y o f M e r i d i a n a n d t h e Me r i d i a n D e v e l o p m e n t C o r p o r a t i o n . P r o j e c t i n c l u d e s br i d g e # 1 3 4 . Ye s D o n e 2 0 1 7 2 0 1 8 - 20 1 9 $5 . 0 0 T o b e b u i l t i n F Y 2 0 1 8 - 2 0 1 9 . N o t i c e t o p r o c e e d J an u a r y 1 5 , 2 0 1 8 ; in c o n s t r u c t i o n - r e m o v e . NA 3 4 IN 2 0 5 - 70 SH 6 9 ( M e r i d i a n R d ) an d L a k e H a z e l R d In s t a l l a n i n t e r i m s i g n a l i n c o o p e r a t i o n w i t h I T D m ai n t e n a n c e p r o j e c t . P r o j e c t al s o i n c l u d e s i n s t a l l a t i o n o f a n i n t e r i m s i g n a l a t SH 6 9 ( M e r i d i a n R d ) a n d Hu b b a r d R d . Ye s 2 0 1 8 2 0 1 8 2 0 1 8 $ 0 . 3 6 T o b e b u i l t i n F Y 2 0 1 8 . 2 0 1 8 c o n s tr u c t i o n p r o j e c t - r e m o v e . Co m m u n i t y P r o g r a m s 1 2 N/ A M e r i d i a n R a i l - w i t h - Tr a i l Re g i o n a l p a t h w a y n e t w o r k a l o n g t h e U P R R r a i l c o r r i d or . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e ar t e r i a l c r o s s i n g s w h e n pa t h w a y m o v e s f o r w a r d . 2 3 CM 2 1 3 - 43 Mc M i l l a n R d , L o c u s t Gr o v e R d / R e d H o r s e Wa y Co m p l e t e s i d e w a l k o n t h e n o r t h s i d e o f M c M i l l a n R d , b e t w e e n L o c u s t G r o v e Rd a n d R e d H o r s e W a y . No $ 0 . 3 5 P r o j e c t s c o p e d i n f a l l 2 0 1 7 . Fi n a l r e p o r t p e n d i n g . 3 4 PP I 2 0 8 - 99 Lo c u s t G r o v e R d a n d Pa l e r m o D r P e d e s t r i a n Si g n a l In s t a l l a n e n h a n c e d p e d e s t r i a n s i g n a l a n d l i g h t i n g on t h e n o r t h s i d e o f P a l e r m o at L o c u s t G r o v e . No $ 0 . 3 4 S c o p e d . T o b e e v a l u a t e d a n d pr i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n f u t u r e I F Y W P up d a t e s . 4 5 CM 2 1 2 - 28 Lo c u s t G r o v e R d , Ov e r l a n d R d / P u f f i n S t Co n s t r u c t a d e t a c h e d a s p h a l t o r c o n c r e t e p a t h w a y o n e a s t s i d e o f L o c u s t Gr o v e b e t w e e n P u f f i n S t a n d O v e r l a n d R d . Ye s 2 0 2 0 2 0 2 0 2 0 2 2 $ 0 . 1 7 T o b e b u i l t i n F Y 2 0 2 2 . 5 1 0 St o d d a r d R d , V i c t o r y Rd / K o d i a k D r Si d e w a l k o n t h e w e s t s i d e o f S t o d d a r d R d , b e t w e e n V ic t o r y a n d K o d i a k . N o $ 1 . 6 1 S c o p e d . T o b e e v a l u a t e d a n d pr i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n f u t u r e I F Y W P up d a t e s . Mo d i f y s c o p e t o i n l c u d e H A W K l i g h t o n Vi c t o r y a t S t o d d a r d . S u p p o r t W A S D r e q u e s t . 6 N A N E W W. 8 t h S t r e e t / Me r i d i a n M i d d l e Sc h o o l Si g n a l i z e d p e d e s t r i a n c r o s s i n g . Pe r W A S D , t w o s t u d e n t s h i t i n t h i s l o c a t i o n i n 20 1 7 . 7 1 3 CM 2 1 3 - 45 Mc M i l l a n R d , L i n d e r Rd / M e r i d i a n R d Co m p l e t e s i d e w a l k o n t h e n o r t h s i d e o f M c M i l l a n R d , b e t w e e n L i n d e r R d a n d Me r i d i a n R d . No T B D D e v e l o p i n g a r e a . A C H D t o co o r d i n a t e w i t h t h e C i t y o n th e s c o p e a n d t i m i n g o f im p r o v e m e n t s . 8 1 4 CM 2 1 0 - 68 Br o a d w a y A v e , W e s t 07 t h S t / W e s t 0 4 t h S t Co m p l e t e s i d e w a l k s o n t h e s o u t h s i d e o f B r o a d w a y A v e, b e t w e e n W e s t 0 7 t h St a n d W e s t 0 4 t h S t . No T B D S c o p e d . T o b e e v a l u a t e d a n d pr i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n f u t u r e I F Y W P up d a t e s . 9 1 5 CM 2 1 4 - 31 We s t 0 2 n d S t , U P R R / Br o a d w a y A v e Co m p l e t e s i d e w a l k o n b o t h s i d e s o f W e s t 0 2 n d , b e t w e en t h e U n i o n P a c i f i c Ra i l r o a d a n d B r o a d w a y A v e t o a d d r e s s p a r k i n g c o n c e r ns i n t h i s a r e a . No $ 0 . 1 5 S i d e w a l k s c o p e d " N o G o " i n 20 1 5 . A g e n c i e s t o c o o r d i n a t e if o t h e r s o l u t i o n s i d e n t i f i e d . Si d e w a l k s c o p e d " N o G o " i n 2 0 1 5 b y A C H D bu t s t i l l a p r i o r i t y i s s u e f o r C i t y a n d f o o d ba n k . 10 1 6 CM 2 1 5 - 19 Vi c t o r y R d a n d St a n d i n g T i m b e r A v e Pe d e s t r i a n C r o s s i n g (V i c t o r y R d , w e s t o f Me s a ) In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g a n d c u r b r a mp s o n V i c t o r y R d a t St a n d i n g T i m b e r A v e . No 2 0 1 8 2 0 1 8 2 0 1 9 $ 0 . 1 7 T o b e b u i l t i n F Y 2 0 1 9 . P r o j e c t wi l l b e a d d e d i n t h e n e x t IF Y W P u p d a t e . Pl e a s e i n c l u d e t h e m i s s i n g s i d e w a l k g a p a t 89 5 E . V i c t o r y w i t h t h i s p r o j e c t . 11 1 7 CM 2 1 4 - 37 Mc M i l l a n R d , T e n M i l e Rd / L i n d e r R d In s t a l l e x t r u d e d c u r b p a t h w a y o n n o r t h s i d e o f M c M i ll a n R d b e t w e e n C o r t o n a Wa y a n d G o d d a r d C r e e k W a y a n d d e t a c h e d c o n c r e t e s i d ew a l k w i t h c u r b i n g be t w e e n G o d d a r d C r e e k W a y a n d W i l d G o o s e W a y . No $ 0 . 4 7 D e v e l o p i n g a r e a . A C H D t o co o r d i n a t e w i t h t h e C i t y o n th e s c o p e a n d t i m i n g o f im p r o v e m e n t s . 12 1 8 RD 2 0 7 - 33 Ea g l e R d , A m i t y R d / Vi c t o r y R d ( E a g l e R d , Za l d i a D r / V i c t o r y R d ) Wi d e n E a g l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w a lk a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 1 8 2 0 1 9 2 0 2 0 $ 4 . 4 9 T o b e b u i l t i n F Y 2 0 2 0 . W i t h u p c o m in g r o a d w a y p r o j e c t . 13 1 9 RD 2 1 3 - 16 Li n d e r R d , F r a n k l i n R d / P i n e A v e Wi d e n L i n d e r R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w al k , a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . P r o j e c t i n c l u d e s u p g r ad e o f t h e U n i o n P a c i f i c Ra i l r o a d c r o s s i n g a n d b r i d g e # 1 3 1 . Ye s D o n e 2 0 1 8 2 0 2 0 $ 2 . 8 2 T o b e b u i l t i n F Y 2 0 2 0 . W i t h u p c o m in g r o a d w a y p r o j e c t . 14 2 0 CM 2 1 7 - 03 Ea s t 2 1 / 2 S t , C a r l t o n Av e / F a i r v i e w A v e In s t a l l s i d e w a l k o n t h e w e s t a n d / o r e a s t s i d e . N o $ 0 . 39 S c o p e d . T o b e e v a l u a t e d a n d pr i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n f u t u r e I F Y W P up d a t e s . 15 2 1 RD 2 0 9 - 02 Ea s t 0 3 r d S t , F r a n k l i n Rd / C a r l t o n A v e (P h a s e 1 ) Co n s t r u c t s t r e e t s c a p e i m p r o v e m e n t s , i n c l u d i n g c u r b , g u t t e r , s i d e w a l k , a n d im p r o v e d U P R R c r o s s i n g , f r o m F r a n k l i n R d t o C a r l t o n A v e i n a c c o r d a n c e w i t h th e D o w n t o w n M e r i d i a n N e i g h b o r h o o d P l a n . Ye s PD PD PD $2 . 1 2 Ec o n o m i c d e v e l o p m e n t pr o g r a m o n h o l d . P r o j e c t s wi l l m o v e f o r w a r d p e n d i n g fu r t h e r f u n d i n g a l l o c a t i o n . 16 6 N/ A M e r i d i a n R d a n d Ra i l r o a d P e d e s t r i a n Si g n a l Si g n a l i z e d p e d e s t r i a n c r o s s i n g . P a r t o f R a i l s - w i t h - Tr a i l s p r o j e c t . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e ar t e r i a l c r o s s i n g s w h e n pa t h w a y m o v e s f o r w a r d . RW T p r o j e c t i s # 1 p r i o r i t y . C r o s s i n g s a r e in c l u d e d . 17 7 N/ A M a i n S t a n d R a i l r o a d Pe d e s t r i a n S i g n a l Si g n a l i z e d p e d e s t r i a n c r o s s i n g . P a r t o f R a i l s - w i t h - Tr a i l s p r o j e c t . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e ar t e r i a l c r o s s i n g s w h e n pa t h w a y m o v e s f o r w a r d . RW T p r o j e c t i s # 1 p r i o r i t y . C r o s s i n g s a r e in c l u d e d . 18 8 PP I 2 0 8 - 96 Lo c u s t G r o v e R d , Pa r a d i s e L n / G r a n d Ca n y o n D r As p h a l t p a t h o n t h e e a s t s i d e o f L o c u s t G r o v e R d t o c o n n e c t w i t h a n e x i s t i n g pa t h t o t h e s c h o o l . No D o n e D o n e D o n e N / A C o n s t r u c t i o n c o m p l e t e d i n 20 1 0 . Ch a n g e p r o j e c t d e s c r i p t i o n t o r e a d a n e e d f o r co n c r e t e , d e t a c h e d w a l k . 19 1 1 CM 2 1 1 - 54 Du a n e D r , G r a n g e r D r / U s t i c k R d Si d e w a l k o n e a s t s i d e o f D u a n e D r , b e t w e e n G r a n g e r an d U s t i c k . N o T B D S c o p e d " N o G o " i n 2 0 1 7 d u e to s i g n i f i c a n t c o n c e r n s re g a r d i n g i m p a c t s t o e x i s t i n g ne i g h b o r h o o d t h a t t h e pr o j e c t w o u l d c a u s e . AC H D w i l l n o t b u i l d d o t o s o m e ne i g h b o r h o o d c o n c e r n s . 20 2 3 Ke n t u c k y R i d g e W a y , Ri o d o s a D r / V i c t o r y Rd Si d e w a l k o n t h e w e s t s i d e o f K e n t u c k y R i d g e W a y , b e tw e e n V i c t o r y a n d Ri o d o s a . No T B D S c o p e d " G o - D e f e r " i n 2 0 1 5 . Ne w s i d e w a l k r e c e n t l y b u i l t on t h e e a s t s i d e . A C H D t o re e v a l u a t e i f e x i s t i n g si d e w a l k d o e s n o t m e e t ne e d s i n a r e a . 21 2 4 CM 2 1 4 - 37 Mc M i l l a n R d a n d Pa l a n t i n e W a y Pe d e s t r i a n C r o s s i n g In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g a n d c u r b r a mp s o n M c M i l l a n R d a t Pa l a n t i n e W a y . No T B D D e v e l o p i n g a r e a . A C H D t o co o r d i n a t e w i t h t h e C i t y o n th e s c o p e a n d t i m i n g o f im p r o v e m e n t s . N o t a w a l k ro u t e a s M c M i l l a n i s t h e sc h o o l b o u n d a r y . 22 3 9 Lo c u s t G r o v e R d a n d Wo o d b r i d g e D r /W a t e r t o w e r S t Pe d e s t r i a n C r o s s i n g In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g o f L o c u s t G ro v e R d a t W o o d b r i d g e D r or W a t e r t o w e r S t . No $ 0 . 1 5 P r o j e c t s c o p e d i n f a l l 2 0 1 7 . Fi n a l r e p o r t p e n d i n g . 23 2 7 CM 2 1 4 - 44 Ch e r r y L n a n d Me r i d i a n L i b r a r y Pe d e s t r i a n C r o s s i n g In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g o n C h e r r y L an e a p p r o x i m a t e l y mi d w a y b e t w e e n t h e e x i s t i n g s i g n a l i z e d i n t e r s e c t i o n s a t W e s t 8 t h a n d L i n d e r . Th i s w i l l r e q u i r e r e l o c a t i o n o f t h e e x i s t i n g s c h o o l z o n e b e a c o n t o t h e w e s t . Ye s 2 0 2 0 2 0 2 0 2 0 2 1 $ 0 . 2 3 T o b e b u i l t i n F Y 2 0 2 1 . 24 2 5 N/ A Ea g l e R d , R i v e r V a l l e y St / U s t i c k R d Co m p l e t e s i d e w a l k s o n E a g l e R d , b e t w e e n R i v e r V a l l e y S t a n d U s t i c k R d . N/ A N/ A AC H D h a s n o r i g h t - o f - w a y a t th i s l o c a t i o n . A C H D t o s h a r e re q u e s t w i t h I T D . 25 2 6 N/ A C h i n d e n B l v d , e a s t o f Te n M i l e R d Co m p l e t e s i d e w a l k s o n C h i n d e n B l v d , e a s t o f T e n M i l e R d . N / A N / A A C H D h a s n o r i g h t - o f - w a y a t th i s l o c a t i o n . A C H D t o s h a r e re q u e s t w i t h I T D . 26 2 8 N/ A A m i t y a n d M a r y Mc P h e r s o n El e m e n t a r y S c h o o l Pe d e s t r i a n S i g n a l Si g n a l i z e d p e d e s t r i a n c r o s s i n g No $ 0 . 1 3 S c o p e d " G o - D e f e r " i n 2 0 1 7 du e t o l o w p e d e s t r i a n vo l u m e s . A C H D t o r e e v a l u a t e as c o n d i t i o n s c h a n g e i n t h e ar e a . 27 2 9 Pi n e A v e a n d W . 1 s t S t Pe d e s t r i a n C r o s s i n g Si g n a l i z e d p e d e s t r i a n c r o s s i n g ( R R F B ) No $ 0 . 2 4 P r o j e c t s c o p e d i n f a l l 2 0 1 7 . Fi n a l r e p o r t p e n d i n g . 28 3 0 Wa s h i n g t o n S t a n d W . 1s t S t P e d e s t r i a n Cr o s s i n g Pe d e s t r i a n c r o s s i n g n e a r M e r i d i a n E l e m e n t a r y S c h o o l No T B D E v a l u a t i o n c o m p l e t e d f a l l 20 1 6 s h o w s e x i s t i n g c r o s s i n g me e t n e e d s o f c u r r e n t u s e r s . AC H D t o r e e v a l u a t e a s co n d i t i o n s c h a n g e . 29 3 1 Bo w e r S t , M e r i d i a n R d / E . 0 3 r d S t Co m p l e t e s i d e w a l k s a n d a d d w a y f i n d i n g s i g n a g e o n B ow e r S t , b e t w e e n Me r i d i a n R d a n d E . 0 3 r d S t No T B D A C H D t o p r i o r i t i z e a n d s c o p e pr o j e c t . 30 3 2 Li n d e r R d , I - 8 4 / Fr a n k l i n R d Co m p l e t e s i d e w a l k s t h e w e s t s i d e o n L i n d e r R d , b e t w ee n I - 8 4 a n d F r a n k l i n R d N o T B D S c o p e d " G o - D e f e r " i n 2 0 1 7 . Co m p l e t e s i d e w a l k e x i s t s o n th e w e s t s i d e . P r o j e c t t o b e re e v a l u a t e d a s a r e a co n t i n u e s t o d e v e l o p . 31 2 2 CM 2 1 4 - 43 St a t e A v e , E a s t 2 n d S t / C a t h y L n Si d e w a l k r e p a i r . R e q u e s t e d b y l a n d o w n e r i n t h i s a r ea . N o $ 0 . 5 0 S c o p e d " N o G o " i n 2 0 1 5 . T h i s se c t i o n h a s c o n n e c t i v i t y al r e a d y o n t h e s o u t h s i d e a n d th e o r i g i n a l r e q u e s t o r n o lo n g e r o w n s t h e p r o p e r t y . 32 3 3 Li n d e r R d , W a s h i n g t o n St / M a p l e S t Co m p l e t e s i d e w a l k o n t h e w e s t s i d e o f L i n d e r R d , b e tw e e n W a s h i n g t o n S t a n d Ma p l e S t . No D o n e D o n e D o n e T B D C o m p l e t e p e d e s t r i a n fa c i l i t i e s e x i s t i n t h i s s e c t i o n . 33 3 4 Vi c t o r y R d , G l a c i e r Ba y W a y / M e s a W a y Co m p l e t e s i d e w a l k o n t h e s o u t h s i d e a d j a c e n t t o c o u nt y p a r c e l . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e pr o j e c t . 34 3 5 Ma i n S t a n d W i l l i a m s St P e d e s t r i a n C r o s s i n g In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g o f M a i n S t at W i l l i a m s S t . N o $ 0 . 1 5 S c o p e d . T o b e e v a l u a t e d a n d pr i o r i t i z e d f o r p o s s i b l e in c l u s i o n i n f u t u r e I F Y W P up d a t e s . 35 3 6 Wa s h i n g t o n S t , W . 07 t h S t / M a i n S t Co m p l e t e s i d e w a l k o n W a s h i n g t o n S t , b e t w e e n W . 0 7 t h S t a n d M a i n S t . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e pr o j e c t . 36 3 7 Go r d o n H a r r i s Pa t h w a y L i g h t i n g Pe d e s t r i a n l i g h t i n g o n p a t h w a y b e t w e e n M o u n t a i n V i e w H S a n d E a g l e R d . N / A N / A A C H D t o s u p p o r t a c i t y - l e d pr o j e c t . 37 3 8 Lo c u s t G r o v e R d a n d Ti m e Z o n e D r Pe d e s t r i a n C r o s s i n g In s t a l l a n e n h a n c e d p e d e s t r i a n c r o s s i n g o f L o c u s t G ro v e R d a t T i m e Z o n e D r . N o $ 0 . 1 6 P r o j e c t s c o p e d i n f a ll 2 0 1 7 . Fi n a l r e p o r t p e n d i n g . 38 4 0 Ta o r m i n a D r i v e a t Ma e s a i a W a y In s t a l l s i d e w a l k o n s o u t h s i d e o f T a o r m i n a D r i v e n e ar M a e s a i a W a y . N o T B D A C H D t o p r i o r i t i z e a n d s c o p e pr o j e c t . 39 N A N E W Bi k e S t u d y R e q u e s t Re q u e s t A C H D d o a c o n n e c t i v i t y b i k e a b i l i t y s t u d y w i th i n a n e i g h b o r h o o d . Re q u e s t A C H D p a r t n e r w i t h t h e C i t y t o ev a l u a t e t h e W o o d b r i d g e n e i g h b o r h o o d (E a g l e / L o c u s t G r o v e / I - 8 4 / F r a n k l i n ) 40 N A NE W N o l a R o a d a t Cr o s s r o a d s d r i v e w a y In s t a l l a p a i n t e d c r o s s w a l k . Ad d a t W A S D ' s r e q u e s t . 41 N A NE W N o l a R o a d , n o r t h o f Cr o s s r o a d s In s t a l l s i d e w a l k g a p t o P i n e A v e n u e . Ad d a t W A S D ' s r e q u e s t . 42 N A NE W W . C a r t o n A v e / 1 s t St r e e t Si d e w a l k o n t h e s o u t h s i d e o f C a r l t o n b e t w e e n W . 1 s t a n d M e r i d i a n R o a d . Ad d a t W A S D ' s r e q u e s t . 43 N A NE W W a t e r t o w e r S t r e e t Cr o s s w a l k a t R e b o u n d In s t a l l a p a i n t e d c r o s s w a l k . Ad d a t W A S D ' s r e q u e s t . 44 N A NE W L i n d e r R o a d , C h a t e a u Dr i v e S i g n a g e Wa y f i n d i g n s i g n a g e f o r B a r b a r a M o r g a n S T E M . Ad d a t W A S D ' s r e q u e s t . NA 1 RD 2 0 8 - 01 Pi n e A v e , M e r i d i a n R d / L o c u s t G r o v e R d Re c o n s t r u c t r o a d w a y t o i n c l u d e w i d e n i n g a t i n t e r s e c ti o n s , c u r b , g u t t e r , si d e w a l k a n d b i k e l a n e s i n p a r t n e r s h i p w i t h t h e C i t y o f M e r i d i a n a n d t h e Me r i d i a n D e v e l o p m e n t C o r p o r a t i o n . P r o j e c t i n c l u d e s br i d g e # 1 3 4 . Ye s D o n e D o n e 2 0 1 8 - 20 1 9 $5 . 0 0 T o b e b u i l t i n F Y 2 0 1 8 - 2 0 1 9 . N o t i c e t o p r o c e e d J an u a r y 1 5 , 2 0 1 8 ; in c o n s t r u c t i o n - r e m o v e . NA 9 N/ A F i v e M i l e C r e e k P a t h , Ba d l e y A v e / F a i r v i e w Av e Of f - s y s t e m p a t h w a y . No N / A A C H D w i l l s u p p o r t a c i t y - l e d ef f o r t . Co m p l e t e d i n 2 0 1 7 - r e m o v e NA 1 2 RD 2 0 7 - 33 Ea g l e R d , A m i t y R d / Vi c t o r y R d ( E a g l e R d , Fa l c o n D r / V i c t o r y R d ) Wi d e n E a g l e R d t o 5 l a n e s w i t h c u r b , g u t t e r , s i d e w a lk a n d b i k e l a n e s i n ac c o r d a n c e w i t h t h e 2 0 1 6 C I P . Ye s 2 0 1 8 2 0 1 9 2 0 2 0 $ 4 . 4 9 T o b e b u i l t i n F Y 2 0 2 0 . R o a d w a y p ro j e c t ; r e m o v e f r o m C P l i s t . City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 7F Project/File Number: Item Title: Council: Commission and Board Updates Meetina Notes City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 8A Project/File Number: Item Title: Ordinance No. 18-1765 : An Ordinance (H-2017-0066 — 2 1/2 Street Townhomes) of the City of Meridian granting the re -zone of a Parcel of Land Situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit "A"; Establishing and Determining the Land Use Zoning Classification of Said Lands of 3.07 Acres of Land from C -C (Community Business District) and R-15 (Medium High Density Residential District) to O -T (Old Town 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 Providinq for An Effective Date. Meeting Notes 5 ADA COUNTY RECORDER Christopher D. Rich 2018-014053 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/15/2018 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE i BY THE CITY COUNCIL: BERNT, BORTON, MILAM, PALMER, ROBERTS 1'..O 1 i,• ,� • •1 '' 1' 1 DATE.EFFECTIVE SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian:, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Broadbent Properties. SECTION 2. That the above-described real property is hereby re -zoned from C -C (Community Business Residential) and R-4 (Medium Low Density Residential) Zoning Districts to O -T (Old Town) Zoning 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 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 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE— 2'/a STREET TOWNHOMES - H-2017-0066 PAGE I OF 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of T,6`IJG.V y ,2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Feb ruc-'-� -12018. MAYO de WEE ATTEST: QO"TEDg4)C C.JAY OLE, ITY ERK ,a`' �'ifv ul' o E ID m /A^Hp SEAL Al RE ZoNE ORDINANCE — 2 I/Z STREET TowNHomEs - H-2017-0066 PAGE 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this j 9) day of FcbY 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared T de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .goes.. (SE�'•.yENE k'•' o 'o .••S'T4 TE -0Y Doa 1� oa�� Notary Public for aho Residing At: `ojan My Commission Expires: 3 - a, - aQ e .a RE ZONE ORDINANCE -2 %z STREET TOWNHOMES - H-2017-0066 PAGE 3 OF 3 Legal Description of the Rezone Boundary E( -ti va j(om ei t 14 i.x F I.C•IN.r-,°,It413 1AI!NI VC- A N%I F.G::!)fC ! IAPr uS _ E1 �,� RtVEftUEiE nk7JE: SUttE Int I DOISF, IC 53714 I r _'(B S9B.001 December 20, 2016 Broadbent Ventures, LLC NE 2'/: Street Meridian Rezone Description Project No. 317-7840-001 REZONE A parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 7, thence following the northerly line of said Section 7, North 88'00'42" East a distance of 1,084.73 feet to a point on the centerline of NE 2 Y2 Street; Thence following said centerline, South 0°06'40" East a distance of 631.54 feet to the point being the POINT OF BEGINNING. Thence following said centerline, South 0"06'40" East a distance of 482.18 feet; Thence leaving said centerline line, South 89'27'35" West a distance of 217.91 feet; Thence South 0'05'36" East a distance of 56.74 feet; Thence South 89°14'35" West a distance of 53.26 feet; Thence North 0`03'30" West a distance of 538.43 feet; Thence North 89`18'53" East a distance of 270.70 feet to the POINT OF BEGINNING. The above-described description is intended for rezone purposes only and is not intended to be used for transfer of title or any other use. The above-described rezone description contains 3.07 acres, more or less. 14216 OF lz' 2.,:)'-ZX>xo 2 '/2 Street Townhomes RZ PP PS ALT — H-2017-0066 1 W.14 00 11 Exhibit Map of the Rezone Boundary EXHIBIT MAP IRRIGATION EASEMENT SECTION 7, TOWNSHIP 3 N, RANGE I E, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 q�0�04 NW CORNER N 1/4 CORNER SECTION 7 SECTION 7 A 0 N lou, PROJECT: NE 2 112 STREET MERIDIAN I REZONE EXHIBIT I DATE: DECEMBER 20, 2016 2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066 E GRUBER AVE E MDLEY AVE 2'1 OF 17--zo.2-cv�p r� a va, rram- t r i x E,GGj(ltpijiG 7761 W RlVfA(511)1 DRIVE, SUITE 201 1 BOISE, ID 837!4 P 208.698.0012 VNIMPARAWMIX.COM NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- 1765 - PROVIDING 765PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 3.07 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 6 .t1J , 2018. J — City of Cly ofM i an-� EMMTA d:1ggg-- lD;�H ayor and ty Council e By: C.Jay Coles, City Clerk �1L First Reading: C/( Adopted fter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YESNO Second ding: Third Reading: ✓ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- C 76 5 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. 18 - 7/ 6 S. 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 �d'rUGv� , 2018. Lb William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- 2 %i STREET Towmomm — H-2017-0066 PAGE I City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 9 Project/File Number: Item Title: Future Meeting Topics Meetina Notes City Council Meeting Meeting Date: February 13, 2018 Agenda Item Number: 10 Project/File Number: Item Title: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Meetina Notes