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Home My WebLink About2013-11-06E IDIAN*-- CITY COUNCIL SPECIAL IDAHO MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Wednesday, November 06, 2013 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Proclamation A. Pancreatic Cancer Awareness Month 6. Consent Agenda Approved A. Approve Minutes of October 1, 2013 City Council PreCouncil Meeting B. Approve Minutes of October 1, 2013 City Council Meeting C. Approve Minutes of October 8, 2013 City Council Workshop Meeting D. Approve Minutes of October 15, 2013 City Council PreCouncil Meeting E. Approve Minutes of October 15, 2013 City Council Meeting F. Approve Minutes of October 22, 2013 City Council Meeting G. Interagency Agreement with Ada County Highway District (ACRD): Roadway Construction/Water and Sewer Construction at the Intersection of Ustick Road and Locust Grove, Locust Grove to Leslie Way Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 1 of 6 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. H. Water Service and Appurtenances Easement with Central Valley Corporate Park Associations, Inc. I. Agreement with Citadel Self Storage, LLC for Street Light Installation Along Chinden Boulevard J. Approval of Bid Award and Equipment Contract for "Well 21 Iron and Manganese Removal Equipment" to Tonka Water for the Not -To -Exceed amount of $258,720.00 K. Approval of Task Order 10371a -D for "Well 22 Aquifer Conditioning and Pilot Test" to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $199,440.00 L. Approval of Contract Change Order No. 1 to the Existing Agreement for Independent Contractor Services for the "Wastewater Treatment Plant (WWTP) Fermentation and Odor Control" Project to Contractors Northwest for the Not -To -Exceed amount of $161,996.00 and Authorize the Purchasing Manager to Sign the Change Order M. Approval of Task Order 10312-D for "Well 16b and 16c Pumping Facilities Design and Construction Management Support" to Keller Associates, Inc. for the Not -To -Exceed amount of $63,515.00 N. Joint Project Interagency Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding the Meridian Split Corridor Phase 2 Landscaping/Rutledge Lateral O. Development Agreement for Approval: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations P. Findings of Fact, Conclusions of Law for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium -Density Residential) Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 13-016 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety -Three (93) Residential Lots, Thirteen (13) Common Lots and One (1) Other Lot on Approximately 19.63 Acres in the Proposed R-8 Zoning District Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 2 of 6 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. R. Findings of Fact, Conclusions of Law for Approval: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty -Two (22) Single Family Residential Building Lots and Four (4) Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Four (4) Common / Other Lots on 2.82 Acres of Land in the R-8 Zoning District T. Findings of Fact, Conclusions of Law for Approval: MDA 13-016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual Development Plan and Building Elevations U. Final Order for Approval: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2) Year Time Extension on the Conditional Use Permit to Commence the Approved Use V. .Final Order for Approval: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat W. Final Order for Approval: FP 13-037 Woodburn West Subdivision No. 1 by Northside Management Located North of W. Ustick Road Approximately 1/4 Mile East of N. Linder Road Request: Final Plat Approval Consisting of Fifty -Two (52) Building Lots and Ten (10) Common/Other Lots on 25.75 Acres of Land in the R-8 Zoning District X. Resolution No. 13-960: VAC 13-005 Spurwing (AKA Spurwing Challenge) by The Club at Spurwing, LLC Located on the North Side of Chinden Boulevard, West of N. Long Lake Way Request: Vacate a Portion of the 12 - foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Platted on Lot 78, Block 1 of Spurwing Subdivision Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 3 of 6 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. 7. 8. Y. FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN, LLC Located at the Southeast Corner of S. Victory Road and E. Locust Grove Road Request: Final Plat Consisting of 22 Single -Family Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District. Z. FP 13-040 Touchstone Place by Iron Mountain Real Estate Inc. Located on the South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Final Plat Consisting of 16 Multi -Family Lots and 7 Common/Other Lots on Approximately 4.49 Acres in an Existing R-15 Zoning District. Community Items/Presentations A. Mayor's Youth Advisory Council Update B. Police Department: Public Safety Training Center Update Motion approved to move ahead with Phase I and bid alternate for lobby for $5,052,638.00. Items Moved From Consent Agenda None 9. Action Items A. Continued from October 22, 2013: Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved B. MFP 13-002 Reflection Ridge Sub. 2 by Mission Coast Properties ID, Inc. Located 4275 S. Locust Grove Road Request: Modification to the Final Plat for Reflection Ridge Sub. 2 to Remove the Stub Street to the North Across the Ridenbaugh Canal Motion approved regarding recommendations to Ada County Highway District C. Public Hearing: PP 13-018 Olson & Bush Subdivision by Ronald W. Van Auker Located 2950 E. Franklin Road Request: Preliminary Plat Approval Consisting of Six (6) Building Lots on 6.81 Acres of Land in the I -L and C -G Zoning Districts Approved w/ waivers D. Public Hearing: PP 13-027 Tustin T.W.O. Subdivision by Conger Management Located North Side of E. Ustick Road, West of the McMillan/Locust Grove Road Intersection Request: Preliminary Plat Approval Consisting of Forty -Four (44) Single Family Residential Building Lots and Ten (10) Common/Other Lots on 15.26 Acres of Land in an R-4 Zoning District Approved w/ waiver Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Public Hearing: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District Approved F. Public Hearing: PP 13-023 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Three (3) Common/Other Lots on 4.38 Acres of Land in a Proposed R-8 Zoning District Approved G. Public Hearing: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C -N (6.58 acres) Zoning Districts H. Public Hearing: PP 13-022 McLinder Subdivision by TS Development, LLC. Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Preliminary Plat Consisting of 28 Building Lots (7 Commercial & 21 Multi - Family Residential) and 2 Common/Other Lots on 11.88 Acres of Land in the R-15 and C -N Zoning Districts. 1. Amended onto the Agenda: Public Hearing: CUP 13-010 Sawtooth Village at McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 84 Dwelling Units in the R-15 Zoning District Note: This was properly noticed through the Valley times and did meet State requirements I. Public Hearing: RZ 13-010 Three Corners by C13, LLC Located at Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Rezone Approximately 31.73 Acres from the C -C (Community Business), the R-8 (Medium Density Residential) and the R-2 (Low Density Residential) Zoning Districts to the C -C (Community Business) (12.52 Acres), the R-4 (Medium - Low Density Residential)(16.51 Acres) and the R-8 (Medium Density Residential) (2.70 Acres) Zoning Districts Approved w/ Conditions J. Public Hearing: PP 13-025 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Preliminary Plat Approval Consisting of Eight (8) Commercial Lots, Fifty - Four (54) Single Family Lots and Six (6) Common Lots to Approximately 30.27 Acres in the Proposed C -C, R-4 and R-8 Zoning Districts Approved Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 5 of 6 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. K. Public Hearing: MDA 13-017 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #108022887) to Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain Sections of the DA to Reflect the Proposed Changes Approved 10. Department Reports A. Public Works and Fire Department: Joint Department Report Regarding the Number of Connections Allowed on a Single Water Main B. Mayor's Office: Budget Amendment for Copy Machine Purchase for the Not -to -Exceed Amount of $24,000.00 Moved to before Item 7 - Approved 11. Future Meeting Topics Adjourned at 9:08 p.m. Meridian City Council Meeting Agenda — Wednesday, November 06, 2013 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council November 6, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Wednesday, November 6, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bills Parsons, Sonya Watters, Kyle Radek, Jeff Lavey, Scott Colaianni, Jamie Leslie, Perry Palmer, Warrant Stewart and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I would like to welcome everyone to our City Council meeting. Thank you. It's always nice to see citizens in -- at our City Council meetings. So, thank you for being here and before I ask for roll call attendance I would like to recognize and welcome Councilman Elect Luke Cavener and Councilwoman Elect Genesis Milam. Welcome. Okay. I will go ahead. For the record it is Wednesday, November 6th. It's a few minutes after 6:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by De Weerd: Our community invocation -- I see -- I think I assume who are invocation is being held by. Right? Are you going to be our invocation? Very good. I will go ahead and invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here and you might mention to our Council member elects that they can't change their mind now, so give them a lot of prayer. Taylor: Let's pray. Gracious Father in Heaven, we thank you, Lord, for this day. Ask, Lord, that you would just continue to guide and direct us. Father, we continually seek your guidance, your wisdom. Father, especially with this meeting, that you are just so proud of Meridian and what it stands for that we just ask for -- for your guidance and your wisdom upon this -- this meeting, just to continue and steady the course to -- to Meridian City Council November 6, 2013 Page 2 of 68 make it one of the best places to live. Father, thank you for -- for this country where voting is a right and that the founding fathers saw it as so important that it be in the -- in the laws and, Father, for our nation, those serving overseas and those keeping us safe here. We just thank you, Lord, and just watch care over them and, Father, in all things we look to you for our wisdom and our strength and we give you all the glory, in Jesus' name, amen. De Weerd: Thank you, Darrell. And, for the record, I would like to congratulate Mr. Bird as well. Four more years. Bird: Four more years. I will be a young man when we get done. De Weerd: Yeah. What doesn't kill you, right -- Bird: Yeah. Item 4: Adoption of the Agenda De Weerd: -- makes you stronger. Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under Item 6, our Consent Agenda, Item X is Resolution No. 13-960. We would like to move 10-B -- Item 10-B, a budget amendment from the Mayor's Office, to right after our Consent Agenda and before Item 7. And under 9-H we have an H-1, we want to amend onto the agenda, public hearing CUP 13-010, Sawtooth Village At Linder Subdivision by TS Development, LLC. This was properly noticed in the ValleyTimes, it did meet state requirements, it just failed to get onto -- onto the piece of paper here. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. All in concert, too. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Pancreatic Cancer Awareness Month De Weerd: Council, I will go ahead and move down to the podium. It is my honor to read this proclamation. With me tonight is Dwight Covey. Dwight's wife and his father- in-law both had pancreatic cancer and so he's personally been touched by this. It is Meridian City Council November 6, 2013 Page 3 of 68 cancer awareness -- Pancreatic Cancer Awareness Month. This is something that Dwight has brought to our attention every year. It's important to bring this to our community's attention and so, certainly, it's an honor to stand here with Dwight tonight to read this proclamation and, then, I will ask him to say a few words. Whereas in 2013 an estimated 45,000 people will be diagnosed with pancreatic cancer in the United States and over 38,000 will die from the disease, including approximately 200 people in Idaho and whereas pancreatic cancer is the fourth leading cause of caner death in the U.S. and has a five year survival rate of just six percent and whereas the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020, whereas the Pancreatic Cancer Action Network is a national organization serving the pancreatic cancer community in Meridian and nationwide through an approach that includes public policy, research funding, patient services and public education related to developing effective treatment and a cure for pancreatic cancer and whereas the Pancreatic Cancer Action Network and its affiliates in Idaho support those patients currently battling pancreatic caner, as well as to those who have lost their lives to the disease and are committed to nothing less than a cure, therefore, I, Mayor Tammy de Weerd of the City of Meridian do hereby proclaim the month of November as Pancreatic Cancer Awareness Month in the City of Meridian and I do call upon all of the people in our community to increase awareness of pancreatic cancer and the continued need for funding and research and to early detection, causes and effective treatments, I sign this tonight and it is with great honor I present this to Dwight and ask him for a few words. Covey: Well, as the Mayor mentioned, pancreatic cancer is the fourth leading cause of cancer death and it's expected to be the second by 2020 and we are trying to double the survivability rate or pancreatic cancer by 2020 last year we managed to get the Recalcitrant Cancer Research Act passed, which directs the National Cancer Institute to come up with a plan for battling the recalcitrant cancers. Unfortunately, this year Congress cut the funding for the National Cancer Institute, so without that funding there is not going to be a lot of progress on that, so now we are working on trying to get that funding replaced and get something to happen with it. So, I would ask that if you have the opportunity to talk to your congressman and the like, encourage them to restore funding to the National Cancer Institute. Thank you. De Weerd: You Know -- and I would just add it's important to call your congressman, but it's also important as private citizens -- this is a community responsibility, as well is to consider giving a gift to the cancer research institutions and there are several of them that do a great job in the research and helping us find long-term solutions to this disease. So, thank you for being here with us tonight. Item 6: Consent Agenda A. Approve Minutes of October 1, 2013 City Council PreCouncil Meeting B. Approve Minutes of October 1, 2013 City Council Meeting Meridian City Council November 6, 2013 Page 4 of 68 C. Approve Minutes of October 8, 2013 City Council Workshop Meeting D. Approve Minutes of October 15, 2013 City Council PreCouncil Meeting E. Approve Minutes of October 15, 2013 City Council Meeting F. Approve Minutes of October 22, 2013 City Council Meeting G. Interagency Agreement with Ada County Highway District (ACHD): Roadway Construction/Water and Sewer Construction at the Intersection of Ustick Road and Locust Grove, Locust Grove to Leslie Way H. Water Service and Appurtenances Easement with Central Valley Corporate Park Associations, Inc. Agreement with Citadel Self Storage, LLC for Street Light Installation Along Chinden Boulevard J. Approval of Bid Award and Equipment Contract for "Well 21 Iron and Manganese Removal Equipment' to Tonka Water for the Not -To -Exceed amount of $258,720.00 K. Approval of Task Order 10371 a -D for "Well 22 Aquifer Conditioning and Pilot Test' to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $199,440.00 L. Approval of Contract Change Order No. 1 to the Existing Agreement for Independent Contractor Services for the "Wastewater Treatment Plant (WWTP) Fermentation and Odor Control" Project to Contractors Northwest for the Not -To - Exceed amount of $161,996.00 and Authorize the Purchasing Manager to Sign the Change Order M. Approval of Task Order 10312-D for "Well 16b and 16c Pumping Facilities Design and Construction Management Support' to Keller Associates, Inc. for the Not -To -Exceed amount of $63,515.00 N. Joint Project Interagency Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding the Meridian Split Corridor Phase 2 Landscaping/Rutledge Lateral Meridian City Council November 6, 2013 Page 5 of 68 O. Development Agreement for Approval: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations P. Findings of Fact, Conclusions of Law for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium -Density Residential) Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 13-016 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety -Three (93) Residential Lots, Thirteen (13) Common Lots and One (1) Other Lot on Approximately 19.63 Acres in the Proposed R-8 Zoning District R. Findings of Fact, Conclusions of Law for Approval: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty -Two (22) Single Family Residential Building Lots and Four (4) Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Four (4) Common / Other Lots on 2.82 Acres of Land in the R-8 Zoning District T. Findings of Fact, Conclusions of Law for Approval: MDA 13- 016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual Development Plan and Building Elevations Meridian City Council November 6, 2013 Page 6 of 68 U. Final Order for Approval: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2) Year Time Extension on the Conditional Use Permit to Commence the Approved Use V. Final Order for Approval: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat W. Final Order for Approval: FP 13-037 Woodburn West Subdivision No. 1 by Northside Management Located North of W. Ustick Road Approximately 1/4 Mile East of N. Linder Road Request: Final Plat Approval Consisting of Fifty -Two (52) Building Lots and Ten (10) Common/Other Lots on 25.75 Acres of Land in the R-8 Zoning District X. Resolution No. 13-960: VAC 13-005 Spurwing (AKA Spurwing Challenge) by The Club at Spurwing, LLC Located on the North Side of Chinden Boulevard, West of N. Long Lake Way Request: Vacate a Portion of the 12 -foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Platted on Lot 78, Block 1 of Spurwing Subdivision Y. FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN, LLC Located at the Southeast Corner of S. Victory Road and E. Locust Grove Road Request: Final Plat Consisting of 22 Single -Family Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District. Z. FP 13-040 Touchstone Place by Iron Mountain Real Estate Inc. Located on the South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Final Plat Consisting of 16 Multi - Family Lots and 7 Common/Other Lots on Approximately 4.49 Acres in an Existing R-15 Zoning District. De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council November 6, 2013 Page 7 of 68 Hoaglun: Item 6-X is Resolution No. 13-960. With that, Madam Mayor, I move approval the Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Reports B. Mayor's Office: Budget Amendment for Copy Machine Purchase for the Not -to -Exceed Amount of $24,000.00 De Weerd: We did move -- move an agenda item, 10-B, to this position, so I will turn this over to Robert. Simison: Thank you, Madam Mayor and Council. Thank you for moving this up for me, so I can go make my wife happy. What you have before you is a budget amendment. This year we have -- our five year lease on our copier in the Mayor's office is up. When we started looking at new copiers and changes in our finance department down to a three year lease with the cost goal of a three year lease, we felt that it would be more prudent to do a purchase, rather than a lease. Therefore, the amendment that you have in front of you provides the funds -- the additional funds needed to do a purchase on a copier, rather than doing the lease, and it also allows us to get a larger copier that can do more print jobs, which will allow us to do some of our in -- some printing in house that we used to do with print vendors for our annual report and some other things. So, some long -terms savings. It doesn't change any of your contracts that you have to sign when you do a lease versus a purchase, so you still have a per copy cost, all your toner and other things are still included in that. It's the same with a lease. So, that's what you have before you and I would be happy to answer any questions. De Weerd: Council, do you have any questions? Rountree: I have none. De Weerd: I do know we have talked about losing some of the space in your offices to house this, so it can be more conducive to greater use as well. So, if I can I would entertain a motion. Hoaglun: Madam Mayor? Meridian City Council November 6, 2013 Page 8 of 68 De Weerd: Mr. Hoaglun. Hoaglun: I move approval of a budget amendment for a copy machine purchase for the not to exceed amount of 24,000 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Mayor's Youth Advisory Council Update De Weerd: And just to the developers and presenters in the room, making my wife happy doesn't always work, so -- we do have an order to our agenda. Okay. Item 7-A is under Community Presentations. Tonight we -- where did Makenzie go? We timed that appropriately, didn't we. Oh, there she is. I will ask Makenzie if she wants to give the report on the Mayor's Youth Advisory Council. As you know, Makenzie was also a MYAC officer last year, so you might recognize her. But it's nice to have her back. She's our historian this year. Thanks, Makenzie. Baird: Happy to be here. So, this year membership has nearly tripled. For starters, we have averaged approximately 90 attendees at each meeting. We believe word of mouth and the amazing work we have done has set up a go -to group for teens in Meridian. The first event we started off the year with was the community block party. We started by having 30 volunteers work at the block party and in all we volunteered over 150 community service hours. Also we had the third annual Treasure Valley Youth Summit. We brought nearly 240 teens from Meridian high schools for a day of interactive lessons and workshops. Our peers learned the dangers of texting while driving by driving go carts while texting and navigating the race track. Learned the lessons of bullying by playing unfair team laser tag, followed by a lesson by Meridian Police Officer Gomez. And we were shown the dangers drug and alcohol play in judgment by wearing fatal vision goggles and playing mini golf. Also followed by a talk with the Meridian police officers. The workshops were great. We broke into school specific groups to talk about issues each school is facing, followed by another plan to talk issues. It was great -- this was the first year we have school counselors and principals in attendants helping us along the way. A coach -- a former BSU coach was our keynote speaker and he brought much life to the event. We also had the Celebrate My Drive event. Approximately 30 MYAC'ees assisted in the event where we had people sign pledges to Meridian City Council November 6, 2013 Page 9 of 68 not text and drive at a recent Rocky Mountain Football game. We had over a thousand people sign it. We teamed with a local State Farm agency to make the event a reality and had numerous vendors and contests. We had approximately 1,500 people stop by to the event. The next event that we volunteered at was Village at Meridian grand opening ceremony. We were asked to be ambassadors during the grand opening. Over 60 volunteers were there and we had close to 300 volunteer hours. Recently we had the 2013 City Council Candidate Forum. The MYAC plan produced and executed an innovative approach to candidate forums by splitting the candidates into two panels and asking different questions to each. We were very happy with the community turnout. Just last week we had the Trunker Treat and Dance to the Beat. For our first annual event we felt it went very well. We had 52 businesses, youth organizations, and churches that decorated trunks. We had over 2,500 people show to trunker treat and also enjoy a family friendly dance party. We had a food drive attached to the event. We were able to fill three large bins of food for the Meridian Food Bank. So, looking ahead, we will participate in the Rake Up Meridian project and have a social media class where we will invite our parents to learn about the dangers of social media in teens' lives, just to name a few. We also have two MYAC members attending an anti -tobacco workshop provided by the American Lung Association this week to get their training to put together an anti-smoking event. I will now stand for questions. De Weerd: As you can see they are bored. I think most organizations do that in a year. These teens have done it in two months and they still have energy remaining. We are trying to figure out how to keep 90 kids engaged, involved, and I think they have been running Ken ragged, but as you can see they have not only leveraged the many accomplishments that they had last year to triple the attendance and those that are involved, we do have more engaged school representatives who are inspiring other kids in the schools now to say, hey, can we join -- is it too late to join. So, it may continue to grow and these -- these teens are -- are making a huge difference in our community. I'm very proud of these young leaders and what they are able to accomplish. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do not have a question, but I do have a thank you for the candidate forum you kids put on. It was another great forum that you set the standard a year ago and you met it this year, so thank you very much. Baird: Thank you, Councilman. De Weerd: Anything else from Council? Rountree: Thank you. Baird: Okay. Meridian City Council November 6, 2013 Page 10 of 68 Rountree: I hope you stay more busy for the rest of the year. Baird: Thank you. B. Police Department: Public Safety Training Center Update De Weerd: Thank you. Appreciate it. Okay. Item 7-B is under our Police Department and I will turn this over to the chief. Lavey: Madam Mayor, Council, thank you for the opportunity to speak today. There is going to be several of us that's going to be presenting today and I need to thank the consultants for showing up today, because it's only through them being here is why we get to go next. We were actually last on the agenda, but we were kind and didn't want our -- our consultants to have to sit through the entire evening before they got to speak, so thanks to them. In 2000 we had a land purchase of ten acres where the current police department is sitting on Watertower. In 2002 we moved into a 30,000 square foot police department. In 2003 area law enforcement and elected leaders studied the feasibility to purchase the indoor firearms range formerly known as Shooting World in west Boise. This plan fell through for a variety of reasons. In 2005 1 presented a vision to Meridian City Council to explore the feasibility of building a firearms range on the property to the west of the current Meridian Police Department. Several of the Council Members that were here -- at least one of the Council members was here for that presentation and they are still with us. Let me provide some brief history and firearms training in Meridian. In 1997 we were shooting in a pit off of Freeze Out Hill in Emmett. Over the years we had moved from Emmett, Nampa, Eagle and Boise. The Nampa range was closed due to the location of development. The training range in Eagle was closed due to landfill expansion. An attempt to move the county range was cancelled after opposition for development and the Boise range where we are currently training is facing many challenges with their own attempts to upgrade. In 2003 we saw a need to find a place to train that would be safe with control bullets, control noise, and be suitable for the training as required by law. That need is even greater today. Since 2003 we have done site studies, sound studies, business plans and surveys that have taken us in a direction that goes way beyond the firearms range. We will present that direction to you today. Don't get me wrong, we still need a place to shoot. We have outgrown the space at the police department. We need additional office space. We need training space. We need storage space. As well -- excuse me -- as well as increased locker rooms, evidence storage, increased space for IT and parking. The challenges we faced back in 2003 have grown in the past eight years. The population of the city has grown. We are on track to be the second largest city in the state. The expectations placed on public safety continue to grow and the future growth projections are high. Capital construction costs are estimated to increase a minimum of five percent with each year we delay construction. Lieutenant Jamie Leslie is the project manager for the public safety training center project. He will explain where we have gone, where we are currently at, recommendations to Council, options, estimated pricing, and, then, hopefully, we can answer any questions that you may have. Lieutenant Leslie. Meridian City Council November 6, 2013 Page 11 of 68 Leslie: Thanks, chief. Madam Mayor, City Council. Also like to welcome the two Councilmen elect. I will let you know that I put them to work first thing this morning, 8:00 o'clock, and jumped right into it, both feet. They were willing to come in and sit down and talk with me and 1, hopefully, got them up to speed on where we are at in this project, which has been going on for quite awhile. De Weerd: At 8:00 o'clock? Leslie: 8:00 o'clock this morning. We didn't talk then, but we did contact them. They were very eager to be part of this process, so I welcome them here and look forward to working with both of them. For the past eight years Meridian Police Department has had the vision of building a training center. Like the chief talked about, a lot of that started out with the firearms range. Most of that was due to the reduction of ranges in the valley. We initially focused on building simply a shooting facility. Through research and business planning we soon realized we needed a much more encompassing training center to meet the needs of all of our first responders for now and into the future. We are seeing more and more incidents that require inter -disciplinary responses in order to keep our community safe, whether it's a natural disaster, school shooting, or a hazardous material situation. We cannot expect one department to solve the problems. In Meridian our emergency responders have done a remarkable job at keeping our community safe. As we continue to grow and as our society continues to change, the Meridian Police Department, the Meridian Fire Department and the Meridian Public Works Department have realized the need and importance of a multi- disciplinary training facility. In order to be prepared for a large scale emergency we need to invest in our emergency personnel today, so they can train together and be ready for the challenges of tomorrow. When looking at these two awards -- and we can go through many many awards, the first thing that comes to my mind wasn't the training facility, it was more about the people that make it safe. About the investments that we as a city have made to make this community the way it is. We are not safe just because of police and fire, we are safe because of Planning, because of Parks, because of Public Works making sure that everything works the way it's supposed to work, looks the way it's supposed to look, and gives us that beautiful appearance that in a lot of ways deters a lot of the crime problems that other cities may have. So, it's a team effort. And this facility being a simple shooting facility was missing the mark and I think that when we did the business plan and we met with our city leaders it became pretty clear to us that that -- we got guided in that direction more than it was just our own thoughts and our own ideas in the beginning. So, I'm going to start walking through where we are at. This quote came from Interactive Business Group, which is the company we hired in 2011 to do a business plan. You guys should have a copy of that. The construction of the Meridian Public Safety Training facility would send a clear message to Meridian's public safety personnel and its citizens that the city places a high value on well trained and properly prepared first responders and it intends to continue to maintain a high level of safety for the community. When we started that plan Bill Booth and his group came in and we sat down and met first one on one to talk about our current training, what we currently were doing. We assessed the facilities that we were Meridian City Council November 6, 2013 Page 12 of 68 currently using, the distances we traveled to do the training, how we had to schedule it. We got with groups, outside users, hospitals, other key responders, police departments, medics, school district personnel. We talked about not only our training needs, but their training needs. The facilities they had and the facilities they needed. And so we started developing what was not only our needs, but what we needed in the community to meet all of our objectives. When we respond to these emergencies we always respond together. It's not just a simple response. We sent a survey of potential users to look for some business opportunities to rent the space, so we can recoup some of the operating and maintenance costs. We developed some plans on what the operating and maintenance costs would be, how those fee schedules would look, how we could recoup some of that money, and we started some master planning and some conceptual drawings and the very first conceptual drawing that we had was IBG, had a price tag of around 8.7 million dollars. The facility needs that came from that, office or classroom space. That was top of the list. Classroom spaces that were larger than 25 people. Fifty person classrooms are one of the ones that came up quite often from multiple groups. Scenario village is something we hadn't thought about. Scenario village, if you think about it, is a series of props, small scale residential, business props that allow our emergency responders to practice real world scenarios in the comfort of our training facility. Not on our city streets where the community is doing their normal activities and living their lives, but inside our controlled environment where we can set up the parameters, the darkness, the light. It is -- I don't want to say doll houses, but it's kind of that -- that concept. It's very small square footages, but give us similar challenges that we have in the real world, whether we are breaching doors or breaching windows, the fire department setting it on fire to put it out. Rescue operations, those types of things. It could simply be confined space training for Public Works to train on how to go into man holes or fire how to rescue them out of those -- those types of situations. Technology is changing very fast. We use a tremendous about of it in our police department to help us be more efficient at report writing or issuing citations. We talked about our a -Cite program. We can also use simulation training to use less space or confining space, if you will, to set up electronic video games, if you will, is the best way to describe it -- not always in that format -- to allow our officers or firefighters to engage in real world situations and make problem solving decisions making exercises to see if they make the wrong decision what goes -- what goes wrong. Our outdoor K-9 training facility, we have a -- a really nice K-9 kennel currently. We have a bunch of agility equipment for training that we don't currently use. We are out of -- we don't have the opportunity or the space to use that in. So, creating an outdoor space that is adjacent to our K-9 facility so that our dogs and handlers could train properly became important. Shooting range. All agencies are facing the same problem that we are. Looking for a place that is not too far away, it's convenient and efficient for us to go and shoot, gives us the opportunity to shoot in low light situations, even if it's the middle of the day. Where we are shooting in places that are not considered recreational areas, people are biking and riding their horses when you're trying to do your firearms training. ITS training is typically done -- incident command is the system we put in place for all natural emergencies or any type of catastrophe that would occur within our city. And most of that screening occurs now in classrooms or we sit down and we talk about things, all of you who have been through those classes. We envision that being moved Meridian City Council November 6, 2013 Page 13 of 68 to the scenario village where we set up a disaster, whether it be a flood situation, mass casualty incident, hazardous materials incident and we work through that scenario where it feels realistic where we are challenging ourselves to make those decisions with some stress on it, not simply sitting at the table talking about it. That training currently is done at all levels of the city. Public Works. Planning. Finance. All levels of government are involved in that type of training. ACHD is another one that's a huge partner in those types of training. So, here is an overview of the current facility. The colored portion is a conceptual plan provided by IBG. The blue buildings are existing buildings. The larger one on my right is the police department headquarters. The smaller one to the left is the K-9 facility and in this plan when we first seen two buildings for the training facility, we separated the range building and the classroom building. Reasons for that -- one, is there is a lateral that runs in between the two of them that we are in the process now of covering. So, that kind of divided our property and created some obstacles for us. It also created a little bit of opportunity for us when it comes to security of the facility and how we could maintain security and we will talk about that in the final -- of the next plat drawing. The buildings that are grayed out off to your left is the police academy, which is our greatest asset to our location of our facility is going to be. You see the driving track on the bottom of the page. You can also see the -- all the dark brown colored buildings on this layout are -- that is scenario village and that's just , basically a streetscape with some mixed business residential. We have completed the business study, we looked at some economic opportunities that the training facility would bring to us. One important one is our officers currently travel a lot to go to outside classes. For example, interview and interrogation school may be in Twin Falls, so I will send two officers to that school. I pay their travel expenses. I pay their meals. I pay their hotel. We think that having those classes hosted in our facility, not only do our two officers stay here, we don't have that expense, we think 30 to 40 other officers that come here to our city and bring that expense and that is revenue to our city, to our hotels, to our restaurants. We think that's a huge opportunity for us. Hosting classes -- we can host those typically for free. Those -- these companies that are listed below, NTOA, National Tactical Officers Association. The ATC. I'm going to mess them all up. I'm going to miss the law enforcement ones. Go figure. Public Agency Training Council I think is how it is. The fire ones. The National Fire Academy. National Association of Fire Investigators. And International Association of Fire Chiefs. And I didn't -- I left off International Association of Police Chiefs. My chief probably won't be happy about that. We also looked at ways we can use the facility for other organizations to rent. So, to know if they have the needs that we have and from our focus groups we learn that they have those same needs that we have, then, that gives us an opportunity to rent our facility to them to help make back some of the funds that we have invested in this property. Increased revenue for local businesses, hotels, restaurants, and retail. They talked about that just a little bit. Then we talked about our project goals. Obviously, the first one is going to improve capabilities. Better prepared emergency response personnel. Reduce risk of deaths and injury. When we think about that one first we think about the citizens that we are protecting. Obviously, the taxes that we use deploy the problem solving decision making that we deploy in the field has to be right and it has to be split second decisions a lot of the time. But also we want to reduce risk of death and injury when it comes to training accidents. Having the property equipment, the Meridian City Council November 6, 2013 Page 14 of 68 property facilities, allows us to train properly for reducing some of those risks that we have to our first responders when we are doing some of those high risk training exercises. Increase the understanding of roles and responsibilities between emergency responders and build teamwork. Many times when we respond to these incidents it's the communication mishaps that we have that cause the situation not to go like expected. When we respond together as a police department we work together all the time, we train together all the time, those communication mishaps are far and few between. When we bring in an outside agency, whether it be ACHD, a fire department, another police department, even our own Finance Department when it comes into a large scale incident where I'm going to need Finance to help me get through something, get something back up and operational. We don't work together a lot and so we need to make sure that we are training more together and be able to understand each other's roles, responsibilities, and what they can bring to the table. Sometimes we don't know the resources we have internally. In the end that would give us predictable, consistent and efficient training. This modern training center will highlight Meridian's continued leadership and commitment as the state's most proactive community. With the assistance of the new training props and classrooms, fire, police, and public works will be able to provide quality training in the most efficient manner. Now you're to the newest drawing. Now, this one comes from the team work of CSHQA and the Ewing Company, who has helped us with master planning our project and moving forward. When we first sat down to talk about this we wanted to make sure that we talked about our current building and our current property as a whole. We wanted to make sure that as we designed any aspect of the training center we wanted to make sure they took the police department into consideration first. If there was some space in the police department that we were going to utilize in the training center, we wanted to figure out a better way to better utilize that space internally in the police department. If you look off on the right side you're going to see some highlighted marks for the police department. Those are some proposed changes we are going to talk about here in a minute and I will get into them as we move through it. Again you're going to see two buildings, a shooting range, and a classroom room building. Again, they are separated. In the first conceptual plan they were actually flipped. The range was on the other side and the classroom was closer to the police department. For a couple reasons, mainly setting up security parameters for the building access -- to allow public access to the classroom, make it a more public -- public accessible building, we put the shooting range in the middle of the two, because it will have less public accessibility than the classroom building. You're going to see numbers, one, two, three, four, five, six -- those are the scenario village lots. I call them lots, because that's just all they are. They are simply layout on the land for us to know -- we need to develop these sites. We believe in working with the economic development coordinator and the city we have reached out to several companies that are interested in putting those props into place for us. Helping us build -- whether it be a mock gas station or a mock bank. We have talked with BSU, ISU, CWI to talk about their programs where they can have students assist us with the design and the construction management of those buildings, so it would be, basically, if we could get the materials that we could make that a more collaborative effort between us and the school system. A good example of this currently happening is the kids that are building the project over at the elementary school where they are Meridian City Council November 6, 2013 Page 15 of 68 adding that medical wing onto the elementary school, that -- all that construction work is being done by students. We envision something similar to that happening in this project. The first conceptual plan we had from IBG was approximately 37,000 square feet. It had enough room in it for two shooting facilities. A 50 yard tactical range and a 25 yard tactical range. Just to get you up to speed on the tactical ranges versus what -- impact guns is not a tactical range. Most civilian gun ranges are designed for the shooter to walk into a booth, the target moves to them, they stay stationary, and, then, they move the target different distances from them. A tactical range is not that way. There is no booth and you're allowed to shoot any point from 50 -- where ever your furthest distance is back all the way up to the bullet trap itself. In law enforcement we move and shoot. That is the critical part of training. It's standing stagnant and shooting. It is moving and -- and getting closer to the target, getting to the target's side, right side, left side. So, being able to stand in one place and have a target is not functional for our type of training. In this plan we eliminated the 25 yard tactical range. It has room for a 50 -- it only has a 50 yard tactical range with 15 shooting points. A point shooting is a lane that averages about four feet wide. It fits pretty nicely on that property just inside the lateral and doesn't disrupt our current parking lot in the police department. Here is the probable cost estimations for complete build on this facility. 7.4 million dollars. It includes a 50 yard tactical range, two classrooms -- the two classrooms that are built -- one is a 50 person classroom that has a tier feel to it, similar to the police academy that they teach out there. The other classroom is a 50 person classroom that's dividable into two. You technically can make it into three classrooms, two 25 person classrooms or two 50 person classrooms, depending on what you have going on. Defensive tactics room, we currently have one that's undersize at the existing K-9 building. This one has a larger one that would meet our objectives as far as our in our class size that we typically have for training. The simulator room -- fire has a a series of simulators they would like to use in this type of a facility. Most of them are command -type simulators. Multiple fire personnel go into these booths -- they kind of look like voting booths, to be honest with you, and they have different scenarios that are running and, then, there is a commander that's evaluating the decisions they are making based off what -- what information that is being presented to them. We envision the simulator room being a room that those props, then, go back into storage and the next simulator comes in there, whether it be a driving simulator that we can use to teach not only emergency responders, but parks department, water department, everybody the defensive driving techniques that they need to be safer. Training staff offices -- there is two fixed offices and there is also an open area in the layout allow for visiting instructors to prepare for their lesson plans and also a place for fire and police both to have training coordinators there together in the future to work hand in hand to make sure that training is being completed appropriately. K-9 yard towards the back right next to the K-9 facility. It's just an agility course. There is a fenced portion for the officers to be able to perform those maneuvers they need to in a secured environment to insure the dog doesn't get out of their control and there is also an open area that's used not only for physical fitness training that we do currently annually, but also scenario type training, whether it be foot pursuit types of activities. The roadways are all built. Skipping scenario village for a second. We talked about that probably enough. The traffic collision props -- talked to ACHD, trying to find some ways to get some old traffic control signals to put in Meridian City Council November 6, 2013 Page 16 of 68 here, so they can do traffic investigation, traffic reconstruction, if there is multiple lanes in the roadway, directing traffic, those types of training exercises. Here is a little more detailed overview of the two buildings. The one on the right is the shooting range. We basically have the storage area, a gunsmith area, a place for ammo storage, some mechanical, restrooms and, then, a small office. The other side -- you see the two light blue classrooms and, then, there is a future expansion classroom. We designed the building to be capable to add another 50 person classroom onto the building for future expansion. The building design and the numbers -- the building is designed for that addition, so that it would be less expensive to do at a future date if we needed to add further classroom space. There is some potential opportunities for the range to add more range space, although we think it's limited and probably not going to be necessary based off of the research that we have done and the direction the training is going for us at this time. I want to talk about some of our capital improvement plans, just to get this -- try to get this wrapped up into a little better package I guess. Fiscal year 2014 that we are currently in we have the training center construction allotted in our capital improvement plan. We currently have 4.5 million dollars that is set aside for this project and earmarked for this project. That money comes from the city saving and putting the money aside for this project over the last few years and giving us the investment we need to move forward. In fiscal year 2017 the police department is expecting to do a 3.6 million expansion to the police department. Now, that money and those funds is not earmarked, it's not set aside, that is just a prediction we had that we are going to build onto the police department in 2017 and it may cost us this much money. Going back to the department remodel. We believe in looking at our current design of the training center and looking at the range building and the new facility, that because of that we can repurpose the current training space that we currently have, our upstairs training room, to new office space. That would give us enough room for 12 more employees. Locker room space is one of those spaces that we are quickly running out of space as we -- as we have grown as an agency. In 2002 1 think we had about 35 sworn, today we have 87 sworn. We need a larger briefing room. Our briefing room currently is sandwiched between both the women's locker room and the men's locker room. We feel it's a great opportunity to take the briefing room away and expand the locker room and use that space now to be an expanded in each of the -- on each side of it. There is some other increased space efficiencies in the second floor by removing some walls, changing some desks configurations, getting some smaller desks in the future to add spots and we see an additional seven work stations that we will be able to add there. Evidence as we start -- we have the necessity to add to our evidence locker currently. We believe we can add about 2,100 square feet to the outside of the building, which will add enough room for a briefing room, some minor office configuration changes in patrol and, then, add that evidence storage on the same side of the building. That would be on the west side of our building. Highlighted those areas on this -- on these two illustrations -- on the left everything in pink is -- is mentioned in the cost of 791,058 dollars, with the exception of the future office expansion. One of the opportunities the architects presented to us was the lobby in the police department is two stories. That has caused us some issues operationally when it comes to noise. Things going on in the first floor -- or on the second floor and vice -versa, you end up getting a lot of noise -- it echoes throughout the building. So, when they proposed -- if you guys put floor here Meridian City Council November 6, 2013 Page 17 of 68 and not have a two story lobby when you walk in, you have a tremendous amount of square footage that can be reutilized. As we see our administrative section in the future growing we are going to have that necessity for administrative offices to meet our current needs and our future needs. So, that idea was intriguing to us. It's not included in this cost, mostly because it's going to take a lot more structural evaluation of the building to get some accurate costs on that, but all of the other figures are included in this -- all the other remodel options are included in that. Just making sure that you understand that the -- the lobby expansion is not included in that 791,000 dollar figure. So, here is -- here is where I'm getting to the point I guess. I probably should have started here. 2014 -- what we are proposing the first phase of this project is to do complete site development, which includes all the pretty colored areas on the left of the screen, the greens and the grays and the classroom building itself. Build it out completely and, then, do the expansions to the police department to meet our current needs and our future needs. We believe if we make these changes to the remodel, that that expansion in 2017 does not need to occur. The technology we are utilizing currently at the police department is allowing us to free up space in records so we have more office spaces there. We also envision us doing more remote enforcement type activities or substations, if you will. The Village At Meridian is a great location for us to be housing a substation. We would like to see us have some presence out there, the number of calls for service out in that area are clearly going to be higher than they are today. And, then, also out to the west -- we don't have much out to the west either. We would like to partner with the fire department and add a substation in one of the fire departments. The one on Ten Mile that's proposed in the future. Not just substations where officers can go in and sit down and do reports, but substations where citizens can also come in, file reports, speak with an officer, get the information that they are looking for and not necessarily have to go to our main campus to get -- to come here. So, we are kind of changing our way of doing business a little bit when it comes to that. Scenario village I talked about earlier is in process that once we get the lots built, then, we can start working on those partnerships and we will continue to develop scenario village and we think that can be funded primarily from -- whether it be donations or business contributions, sponsorships, those types of programs to get that done. Second phase, the year 2015, complete the project by adding a range. Putting a probable cost on this is very difficult. Four million dollars is approximately what that range is going to cost. I don't know what it's going to cost next year, the year after, the year after that. Based off information I'm getting from -- from my team that's going to be a minimum of five percent increase each year. The longer we push that out the more expensive it's going to be. Also we feel that starting a project and moving with at least a plan direction is the least expensive way of doing it. Partnership opportunities, grant funding, and the thing we are researching now is a public safety training -- center training foundation. Some organizations in other places have set up a nonprofit foundation that allows for companies and donors to donate to the training facility itself. So, that money and those funds get used specifically for that project. We have been meeting with legal to try to figure out the way that we can do that and figure out that opportunity a little bit more. That is intriguing to us and we have seen some successes in some other organizations using a similar process. Grand funding is always, in our experience in this project we have researched grants -- grant funding and there is grant Meridian City Council November 6, 2013 Page 18 of 68 opportunities for equipment, but not necessarily always capital dollars. Partnership opportunities. We believe we are not the only ones in need of a range and we believe that there is other organizations in the valley that are willing to assist us and help us and maybe even contribute some capital dollars or at least user fees to use our facility. We are reaching out again to the federal agencies and talking with those agencies to see what their training needs are, what investment opportunities they may have and we think there is some real options there that we didn't have when we started this process, because there was some prior commitments they had already made to other organizations. That's not necessarily always the same, so we, obviously, tried to look back into that. With that I stand for any questions. Hopefully I didn't talk too fast. De Weerd: Council, do you have questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have just got a couple of things here. As I look at it, lieutenant, if we go by the phases we are looking at 9.1 million, with maybe an extra four to five hundred thousand increase in costs off the four million on the second phase? Leslie: You're combining my first phase -- Bird: On the phase -- yeah. Leslie: Yeah. Bird: And if I -- if I look at -- we should do it now, including the -- the 7.4, plus the 800,000, we are looking at 8.2. Leslie: Correct. Bird: And that's a -- and first place, for clarity, let's -- who is giving you these estimates? Is it our construction manager or is it being pulled out of the air like City Hall was? Leslie: No. Nothing has been pulled out of the air, sir. Our construction management and our architect teams have sat down and worked these numbers and, then, we have worked them a lot to make sure that they are accurate. Current real numbers. The only numbers I don't have that I can say are absolute real numbers are predictions for next year or the year after that. Bird: And we understand that. Leslie: The numbers I'm giving you today are real. Meridian City Council November 6, 2013 Page 19 of 68 Bird: But if we did it today -- everything today we are 8.2. If we phase it we are over nine million. Leslie: That's correct, sir. Bird: And we hope it's nine million. Costs in one year in construction, which I think your construction manger or your architects, either one, will tell you could be more -- a lot more than five percent, depending on the workloads and the availability of qualified contractors. Leslie: Right. The number they provided me is it starts at five percent. Bird: Thank you. De Weerd: Okay. Other questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Lieutenant, where -- with this last slide that's up where are we -- I know it's been discussed, but in terms of partnerships for the range, how long would it take to develop something like that and -- or has there been any expression of interest to date -- and you don't have to name names, but how quickly could that -- something like that ramp up? Leslie: That's a tough question to answer, Councilman Hoaglun, but we have had an organization approach us that had made a commitment to another organization with some capital dollars. I don't know a value of the capital dollars that invested in that. We have reached out to them, met with them, talked to them, I plan on following up with them tomorrow after I get some ideas of where we are at this point. I would think we would be able to have some idea on that particular lead within six months -- three to six months. Hoaglun: Okay. Councilman Bird makes a good point. It's always cheaper to do it all at once, as opposed to phase -- phasing it, but I'm not overly optimistic that we have nine million dollars sitting around, so that's -- that's the bad side of it all, so -- De Weerd: And I would tell you we don't. Hoaglun: You looked in the checkbook, uh, Mayor? I didn't think there was, so -- De Weerd: That's the first place I do look. Zaremba: Madam Mayor? Meridian City Council November 6, 2013 Page 20 of 68 De Weerd: Mr. Zaremba. Zaremba: I guess I would comment that I'm aware that this is being talked about for quite some time, years -- maybe ten years or so or longer. One of the issues in trying to develop partnerships is the partners wondering about how soon we are going to do this and the thought comes to mind that if we finally get it started we may get some more attention from potential partners, who may be sitting out there thinking, okay, you have been talking about this for ten years, you could be talking about it for the next ten years as well. So, how soon is this going to do us any good. If they see us actually starting to move and I say the shovels are starting to turn dirt or whatever, I think it's safe to assume that partners would be much more ready to make some commitments. If they think they can share this facility with us and participate financially and time wise and whatever else they need to do, to actually see some action of it moving forward -- this is a personal opinion -- I think we will see a lot more partners start to step up and say, okay, this is real, it is going to happen, we want to be part of it and I -- I can see that being a tremendous help. I don't have any facts, but that's an opinion. De Weerd: And, Mr. Zaremba, I would agree with you. We have talked to one agency that they have a couple of other priorities ahead of this, but if they are able to build it into a capital improvement plan like we do to earmark, you know, what I had told Lieutenant Leslie is we would want to put this on a date certain on our capital improvement plan, so that partnerships can see when it's -- when it's on there so we can make it happen, but certainly we would like to see it happen sooner with partnership dollars and if they see a commitment I think you're right, they are more apt to step up. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One thing you want to remember -- and I -- I don't have any problem with partnerships, but what it's -- what is going to be the partnership. If you bring partnerships in, then, this facility is going to be ran like EMS, ACRMP, by a committee and every time you want to do something you have a committee meeting. I want -- I would like a facility that we run and they use -- lease. If we can get people to donate help or other partnerships, but I don't think a facility like this -- it would be like City Hall here and partners with it. A committee can't manage something like this I don't believe. But that's just my -- De Weerd: And I would probably agree with you, but I would be more interested in a public-private partnership and that we don't run it, but the private sector does. Bird: Hey, I would be great on that -- I would be great on that, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council November 6, 2013 Page 21 of 68 Rountree: As much as I would like to see all of this bid at the same time and go forward, I understand the issue with financing. It seems to me that if we are going to move forward we need to move a phase forward, whether it be the administrative aspect or the shooting range aspect of this. With Councilman Zaremba's comments, it would be my opinion that if we advance the administrative aspect of this, meeting the needs of space requirements for our current folks in the department that would be the key to develop a partnership. I think if we went forward with the shooting range first there would be less desire for other folks to partner with the office space or the training facilities and whatnot. So, having said that and not wanting to slice and dice this up anymore than it already is, I would propose that we establish the financing and funding for the first phase as you have described it and move forward with it. I know we are already moving forward with some site improvements with respect to irrigation and that sort of thing, so we can anticipate starting work on this soon. I think part of that would be not completely fleshing out the shooting range at this point as far as final design, but put it in a conceptual package outlining what it is we need and what we anticipate we are going to need and if it happens to be put off for a year or two and technology changes, rules change, equipment changes, they can then be fashioned into the shooting range at that point. But that's how I see this at this point. Even though my preference is is to get it all done and -- it's easy to say you can save a million dollars, but if you don't have the money you're not saving anything, so -- De Weerd: Amen. So, Council, is it -- is it your desire -- and I see Lieutenant Leslie that you have played the game there, we went to 5,052,238 and I said 4,900,052,638. Okay. Leslie: Madam Mayor, that wasn't intentional. Just how the math works out. De Weerd: Yeah. I know how this game works. Remember when you say we go up I start going down. So, Council, I guess staff needs a motion, if you're wanting to do a motion today. Otherwise, we can set this on another agenda and ask for your direction at that point. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd prefer that they move on and we can -- within the next month or so we can discuss the other part. I would make a motion that we move with phase one at a cost of 5,052,638 dollars. Rountree: Second. De Weerd: I have a motion and a second and, Council, we will be bringing a capital improvement plan back in the next several months. We do have our impact fee committee meeting right now looking at numbers and I think they will be meeting next Meridian City Council November 6, 2013 Page 22 of 68 week. Right now our capital improvement plan is not balanced and so we do have some work to do to balance that before we can bring it back to you. So, any discussion on this motion? Leslie: I have a few questions before you -- De Weerd: Yes. Leslie: Madam Mayor. Do you have any direction on the lobby -- on the covering of the lobby? Is that something you want me to address in that? There is some -- some opportunity in that cost to -- to put alternates in that. The parking lot, for example, is in that plan -- a parking lot expansion for 108,000. We could consider that an alternate bid and try and still stick with that 5,052,000 or do you not want me to move forward on the lobby covering at the time of the remodel? De Weerd: Well, lieutenant, I thought the 52,638 was the lobby. Bird: No. De Weerd: That's why it went up from five million. Bird: Madam Mayor? I -- the motion maker would -- would approve them looking into it. I don't -- I don't think it's going to take a lot of structural -- David can tell you that and, then, close it over. I think it's a very very good idea. I don't know why we opened it up to start with, but -- Leslie: Council Bird, Madam Mayor, it's not that I'm trying to raise the dollar value, I'm just asking if you want that included in that project, if you want that done we think there is opportunity to still do it for the amount that you have approved, I just want to know if that's part of the project that you want added into it. Does that make sense? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess as the second I would approve a bid alternate that would accomplish that, if it does come out that way. De Weerd: If it can be included in the price, that's great. Leslie: We will do our best. De Weerd: Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council November 6, 2013 Page 23 of 68 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: So, chief or Lieutenant Leslie, this is more than was authorized in the budget, so we will need a budget amendment at some point, so -- Lavey: Madam Mayor, Council, we are still working with Finance on that. We were good for five million. The 52,000 we will have to go back and renegotiate with them, but -- De Weerd: I agree Lavey: -- we will come forward and go. And the only other thing I would point out, too, is that when we asked for real numbers, we asked for real numbers on the high end, so we can always hope that they are lower, but I don't want to make any promises I can't keep, so -- just for that -- you know that, too. Thank you. Item 8: Items Moved From Consent Agenda De Weerd: Okay. Thank you. Okay. Council, there were no items moved from the Consent Agenda. Item 9: Action Items A. Continued from October 22, 2013: Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: So, we will move into our Action Items. Item 9-A from -- continued from October 22nd. It's a public hearing on TEC 13-005. 1 will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. Then next application -- first application before you is a request for a time extension on the preliminary plat for Cavanaugh Subdivision. This property consists 145.4 acres of land. It's currently zoned R-8 and TN -R and is located at the southeast corner of East Victory and South Meridian Roads. Actually, off of the southeast corner, as you can see here on the map. The applicant's request is for a two year time extension on the preliminary plat in order to obtain the city engineer's signature on the final plat. This is the fourth time extension request for the subject preliminary plat. Approval of the time extension will allow the applicant to proceed with the platting process. If the time extension is not granted the preliminary plat will expire and a new preliminary plat will be required to develop the property. Since the last time extension request the ownership of the property has Meridian City Council November 6, 2013 Page 24 of 68 changed from a single property owner to many different owners. To staff's knowledge all of the owners have consented to the subject application. One owner, Great Oaks Water Company, consented contingent upon the city requiring an easement to be dedicated for the construction and operation of all infrastructure necessary for development south of the Ridenbaugh Canal, i.e., extension of Standing Timber Way, the collector street from Victory Road, and water and sewer service from phase one to the canal prior to the city engineer signature on the first final. And they also requested that prior to obtaining the city engineer's signature on the second phase final plat, that the developer of phases one and two, which is north of the Ridenbaugh, shall be required to submit a road trust to ACHD for half of the estimated cost for future extension of Standing Timber Way and construction of the bridge across the Ridenbaugh Canal by the developers of the adjacent property south of the canal. Staff recommends these conditions be provisions of approval of the subject time extension and also recommends the applicant is required to comply with current city standards pertaining to installation of streetlights, performance surety, and warranty surety requirements. Lastly, staff recommends as a condition of approval that all developers of Cavanaugh Subdivision are required to pay $1,465.56 per acre to proportionately offset costs incurred by the city for the Victory Road gap sewer project prior to city engineer signature on each final plat. Written testimony was received on this application from John Roeder, Great Oaks Water Company, as I previously mentioned, and Kent Brown, the applicant's representative, and he is in agreement with the conditions of approval in the staff report. There are no outstanding issues for City Council. Staff is recommending approval of the subject time extension request with the conditions in the staff report. Time extension to expire on August 22nd, 2015. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Brown: For the record, Ken Brown. 3161 East Springwood, Meridian, Idaho. We are in agreement with the conditions of approval. The plat -- the first phase is currently at Ada County Highway District and is scheduled to be signed next Wednesday. I don't know what else to tell you, but we understand the conditions and have met with Great -- Great Oaks. I always want to say Great Waters, but it's Great Oaks. And we have met with those people and are in agreement with the recommendation in the staff report. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Meridian City Council November 6, 2013 Page 25 of 68 De Weerd: Okay. Thank you. Brown: Thank you. De Weerd: This is a public hearing testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Is there anyone who would like to provide Bird: Seeing nobody wants to testify, I move we close TEC 13-005 public hearing. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 13-005 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion by Council? Bird: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. MFP 13-002 Reflection Ridge Sub. 2 by Mission Coast Properties ID, Inc. Located 4275 S. Locust Grove Road Request: Modification to the Final Plat for Reflection Ridge Meridian City Council November 6, 2013 Page 26 of 68 Sub. 2 to Remove the Stub Street to the North Across the Ridenbaugh Canal De Weerd: Okay. Item 9-B is on MFP 13-002. 1 will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application request before you is a final plat modification. This site consists of 5.41 acres of land. It's currently zoned R-8. The 5.41 acres actually is just a second phase final plat, which just runs along the Ridenbaugh here. This is the entire Reflection Ridge Subdivision. The property is currently zoned R-8 and is located on the west side of South Locust Grove Road, approximately a quarter mile north of East Amity Road. The applicant requests approval of a modification to the approved final plat for Reflection Ridge Subdivision No. 2 to remove the stub street, South Luminous Avenue, that you see here, would extend north to the Ridenbaugh Canal and they want to replace it with a 20 foot wide common lot as shown here, containing a five foot wide sidewalk that will connect to the multi -use pathway along the south side of the Ridenbaugh Canal, which runs along the north boundary of the site here. The ACHD commission heard the applicant's request to remove the stub street on October 23rd and required the stub street to remain and right of way to be dedicated to the center line of the canal on the property line. ACHD did not require a road trust to be submitted for half the cost of the construction of the bridge. Staff concurs with ACHD's decision on this matter and strongly recommends that Council deny the subject request to remove the stub street. Staff believes that preserving right of way now for the future extension of South Luminous Avenue across the Ridenbaugh is in the best interest of the city, because there is only one other bridge crossing planned within this mile section approximately two-thirds of a mile northwest of this location in Cavanaugh Subdivision that you just previously looked at. Staff views the subject connection as vital for long-term connectivity in this area for vehicles accessing Locust Grove and pedestrians and cyclists accessing the multi -use pathway on the south side of the canal. Staff recognizes that alternative funding sources will be required to complete the bridge in the future, since a road trust was not required of this developer, but half the cost of the bridge can still be required from the property to the north when it develops. Requiring the stub street now gives the city and ACHD options for connectivity in the future that will be lost if this stub street is removed. There has been no written testimony on this application and staff is recommending denial of the proposed final plat modification, with the requirement for the final plat to be revised to extend the right of way for South Luminous Way through the common lot, Lot 1, Block 7, to the north property boundary. When the final plat was approved it inadvertently did not go -- the stub street here did not go through the common lot, it stubbed to the common lot here along the Ridenbaugh, so staff is just asking that that get corrected. Staff will stand for any questions that Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Meridian City Council November 6, 2013 Page 27 of 68 Rountree: I have none. De Weerd: Okay. Is the applicant here? Hi, Matt. If you will state your name and address for the record. Schultz: Good evening, Mayor and Councilmen. My name is Matt Schultz, 8421 South Ten Mile Road in Meridian, here on behalf of Mission Coast Properties, Idaho, and I'm project manager and construction manager for the Reflection Ridge Subdivision on South Locust Grove Road. Always hate to come to Council with a recommendation for denial, it's not usually my style, but -- but this is one where we really feel strongly -- I guess as strongly as staff recommends denial, we feel just as strongly that you should recommend approval and we have got, we believe, some valid reasons for siding with our request to eliminate what we see as an unnecessary stub street that's putting a burden on us and, more importantly than that, it's land that could better be used in -- to accompany an adjacent substandard lot and also if we can provide the same interconnectivity that staff is wanting and at a very adjacent close location, why not give us what we need, you guys get what you need, and, hopefully, that's the compromise that we can work through on this. If I may step back and kind of give you a little history on this. I don't want to be too long winded, but I guarantee it will be shorter than the last presentation, but -- De Weerd: You do have a limited amount of time. Schultz: How much do I have? De Weerd: It's usually ten minutes. Schultz: Oh, it will be done before that. So, where we are at is this is a subdivision that was -- that was almost completed about six, seven years ago by a previous developer. It got everything but pavement down. All the concrete was in, plat never got recorded, the economy did what it did, it actually changed hands with DBSI, they replatted it, no road trust was required. My owner bought it last September. The preliminary plat was still valid. We charged ahead with phase one I believe of 65 lots and a phase two of eight lots simultaneously and were out there -- literally we have paved, it looks beautiful, we really cleaned it up, six acres of open space, trees, the owners really went above and beyond in terms of doing not only everything that the staff has asked for and ACHD has asked for, but went above and beyond in putting some nice retaining walls. They are actually putting a clubhouse and a pool in phase one. They didn't have to. They are really making this, you know, a top notch subdivision in what was a really embarrassing area for -- you know, for a halted development. So, what we have done out there is we have kind of taken a close look at a stub street that we felt wasn't needed, ACHD staff originally said, you know, we don't think it's needed anymore. So, we finally went back and said, hey, can we pull that back, everyone went, oh, my gosh, not only can you maybe not pull that back, we might need a road trust for it and we know it's late in the game -- I mean we are talking within the last month. I mean this is real late in the game. We are almost going to record a final plat and this is not about Meridian City Council November 6, 2013 Page 28 of 68 cost, we are literally down to, you know, a few thousand dollars to pave the stub street. It will probably cost us more to remove it and reclaim the land for that. We are not talking about trying to save any money here, we are trying not to waste land and waste, you know, valuable -- you know, valuable property for something that's not needed. So, the first step was to go back to ACHD, they chimed in on it a week and a half ago. Staff gave a spirited presentation that it was not needed, the stub -- the bridge was not needed to be trusted for, the stub street was not needed and they have already got a bridge at Locust Grove, at bridge at Meridian, and another bridge in Cavanaugh Sub that you just heard about. In Tuscany there is one bridge crossing between Eagle and Locust Grove of the Ridenbaugh for Tuscany and that was part of ACHD's staff's presentation. Your staff showed up and made a spirited presentation to -- to maintain for a what if, you don't need to make them trust for it, but we want to maintain the opportunity for interconnectivity. Even though it may not be required for vehicles, we still want it for pedestrians. President Baker and Vice-president Franden both voted to remove the stub street, not make us trust for the bridge. That motion failed. The other three commissioners went along with -- with your staff's recommendation to leave the stub street, don't make us trust for it. The guy across the way, when he ever comes in, might -- we might make him trust for half of it and the other half, ah, we might figure it out, we might not and, you know, just leave that opportunity. That motion passed and it's not on the record, but President Baker said it will never get built. You know, the bridge will never get built, you know, even though that's not on the record. So, we have asked for reconsideration for ACHD next week after coming to you to get some clarification and get your chime in on this. We are not asking you to overrule staff, we are just saying if we are really talking about preserving a -- I think for predominately pedestrian interconnectivity, since ACHD has no -- no reason for vehicular interconnectivity, the development to the north of us will have the connection to Locust Grove and another connection for a hundred lots. Let's move it -- let's move it to the east a hundred feet where -- where the road -- if I can remember how to work this -- for the road right in there abuts the ten foot wide regional pathway. Does the projector work? Watters: Yes. Hoaglun: I don't think it's on. Schultz: So, this is a photograph I took today. You can see here we built -- we actually built 2,000 feet of ten foot wide City of Meridian regional pathway adjacent to the Ridenbaugh at all our sole expense. This is a section now that we are talking about where that sidewalk and the right of way abuts the actual regional pathway that we paved this morning, of 2,000 feet and this is literally 100 to 150 feet away from the stub street we are talking about. So, what we would like to do is remove the stub street and give that land back to -- I don't think I can write on there. This land back to these lots in the blue, reclaim it and make that one, you know, kind of next down the one side. It really is -- I can't say it's unbuildable, but it's a really challenged if we don't give this land back. It's not impossible. We can do anything, but it's going to be a really challenged lot. If we give the land back it's going to be a great lot and let's just move over here Meridian City Council November 6, 2013 Page 29 of 68 another, you know, couple hundred feet in a prime location to maintain a future corridor for what I'm saying is we can call it a road right of way if you want or we can call it a pedestrian crossing -- future pedestrian crossing. Call it what you will, but we got plenty of room for it right adjacent. So, all we are asking for is a common sense solution and to preserve our private property rights to -- to maintain the best possible use for that land. It's not a stub street and even though that we lost three to two with the commissioners, we are sure that if we get your recommendation we can go back to them to concur that this was an evolution of where our last hearing left off information they didn't have an alternate solution and so they didn't have this information and we are pretty positive if they have this that they will go along with us. But we don't think you're overruling staff, we just think we are kind of suggesting that maybe a better location for it. So, with that I'd stand for any questions and ask for your approval. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Matt, what would -- what would be the result of the triangular piece of property there that's adjacent to your proposed relocation on the crossing? Schultz: Talking about the unhighlighted area between the two? Rountree: Yes. Schultz: That right now, if I would have taken a picture of it, in fact, it might even be on here. No, I can't quite see it. It's landscaped. Rountree: Oh. Okay. Schultz: It's a common lot. It's got several large trees and grass in it right now. And so what we are talking about is literally you can see it from my photo, there is a foot and a half between the sidewalk and the regional pathway. Or they are just -- you can see where they come together there, so -- Rountree: So, will there be any consideration for trusting half a pedestrian or vehicular structure at that point? Schultz: How come I knew that question was going to come. Rountree: You knew it was coming. Meridian City Council November 6, 2013 Page 30 of 68 Schultz: You know, I don't want to stand up here and not be generous, but I really do believe with all the literal cost overruns and replacing a perfectly good roundabout for ACHD and replacing perfectly good storm drainage for ACHD and doing, you know, way above and beyond out here, that we really feel lucky that the owners have, you know, built 2,000 feet of city regional pathway and that they really have made their contribution and we feel like the pedestrian interconnectivity is something that may or may not happen. You know, it could. It might not. You know. And I think right now to make them trust for it I think that's a little bit too far out there. De Weerd: Any other questions from Council at this point? Bird: I have none. Rountree: Madam Mayor, my concern with that particular proposal is we don't have any -- anything other than a drawing. I don't know that staff or ACHD has looked at that as a potential crossing and whether or not there is enough opportunity for turning radiuses to get through there and get it across the canal if, in fact, that's something that would happen. I'd like to see a little more detail, at least for staff to review that. To me our intent is interconnected to -- that would do it, but would it do it appropriately. Is enough storage there -- all of those kinds of things. I can't answer with this particular schematic. So, I would like to see that before we took action on this or if -- if the action is denial, then, we wouldn't see anything, so -- De Weerd: Mr. Zaremba? Zaremba: I don't really have a comment, but I would be appreciative if we could have a wider view. I think there was an earlier slide that showed more of the area around what we are talking about. That helps. Thank you. De Weerd: Sonya, did you -- did you see this before the presentation? Watters: Madam Mayor, Councilmen, the last plan that Matt showed with the two building lots I had not seen before. I -- staff would be concerned that the overall open space appears to be decreased with that plan. I'm not sure if that's the case or not, but it kind of appears that way. Schultz: No. Hoaglun: Madam Mayor. Sonya, the open space, does that pathway count as -- towards their total that was put in? Watters: The pathway along the Ridenbaugh, Councilman Hoaglun? Hoaglun: Correct. Watters: I believe it did. I'm not positive. Meridian City Council November 6, 2013 Page 31 of 68 Hoaglun: Well, Madam Mayor, listening to what Councilman Rountree I had said and, yeah, it is difficult to know and not in road engineering at all I'm of the opinion neither to approve, nor deny, but to kick it back to ACHD to see what they think of this alternative and with maybe a recommendation that they look at it and -- and engineer it and see if it's suitable and, if so, great. If not I guess, Matt, you will be back to make another pitch. Schultz: Madam Mayor, if I can make a comment, please? De Weerd: Uh-huh. Schultz: If there could be some kind of suggestion or recommendation made by the Council that if it could meet the technical aspects of a future crossing that you would support it, that would be what we are looking for to give us some traction as we go in circles, potentially. You know, it's a long process going back and forth between ACHD and that would help. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm just trying to remember the conversation when that stub street was established and I think, as I recall at the time, there was no proposal for the property that's on the north side of the canal, as there currently still is not a proposal for it, but the discussion centered on connectivity to the stub street that you can see to the existing subdivision to the north and that the location that was picked for it without engineering of property that nobody has made an application on, that that stub street in the location on your property would be better access to eventually make the connectivity to the -- to the existing stub street on the north one and it just -- it aligns with one of your major roadways to move it off of that, diminishes its value -- I'm not saying I wouldn't listen to it if it could be engineered that way, but -- Schultz: If I may, Mayor -- Zaremba: -- there was a reason why it made more sense to put it where it is. Schultz: If I may, Mayor. I think I have got some relative information related to the property to the north. I was actually going to be the potential developer of that and we actually did get a preliminary plat approved called Normandy back in 2007 with 110 lots on 23 acres or so in an R-8 sub. We actually lined up a stub street to this stub street, because this one was already here and, actually, from there it T'd and kind of looped around and it connected to -- to Green Valley and out to Locust Grove Road. ACHD chimed in and said that with those two connections a stub street across the canal is not needed in terms of traffic flow and things like that and so there is no magical alignment of where that goes. The only reason that one had it there is because this one had it here first and it could have moved anywhere and still maintain the same circuitous, you Meridian City Council November 6, 2013 Page 32 of 68 know, disconnect. We didn't want a high speed raceway going through the middle of the subdivision potentially and so we broke it up and it got approved. It expired, but it did get approved. Watters: Madam Mayor? Excuse me. May I add some more information on that? De Weerd: Okay. Watters: This stub street has always been anticipated in this very same location since 2005 when the original preliminary plat came through. At that time there was a requirement for a road trust for half the cost of the crossing over the Ridenbaugh. That plat never ended up being developed and a new preliminary plat came in in 2008. ACHD for whatever reason at that time did not require a road trust for the bridge. I'm not sure if it slipped through the cracks or what happened, but a stub street has always been shown in that location with both preliminary plats since 2005. De Weerd: Okay. Any other questions from Council? Bird: I have none. Hoaglun: Madam Mayor, question for staff real quick, Sonya. But they didn't require a road trust again. Schultz: No. Waters: Madam Mayor, Councilman Hoaglun, they did not require -- ACHD did not require a road trust in 2008 when the current preliminary plat was approved. Normandy Subdivision to the north of that has expired, but when that preliminary plat came in they were also required -- or they were required to submit a road trust for half the cost of the bridge, too, but that never ended up going forward to final plat where at such time they would have collected that road trust. Hoaglun: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Sonya. Where is the proposed school site in this particular area? Watters: I'm not sure which one you're referring to, Councilman Rountree. There was one planned right up here fronting on Victory Road in Cavanaugh Subdivision. I believe there is an existing school site right in this general area here. Rountree: McPhearson. Meridian City Council November 6, 2013 Page 33 of 68 Watters: Is it Mary McPhearson I believe. Rountree: Uh-huh. Watters: Yeah. Rountree: Okay. Thank you. De Weerd: Okay. Anything further from Council? Bird: I have none. De Weerd: I guess, Matt, I have a question. If there was consideration to moving that stub to where you -- where you proposed it and it makes sense per Councilman Rountree's suggestion, would it be enough of an incentive for the developer to road trust or to set aside half of the bridge? Schultz: Probably not. We are literally four thousand dollars worth of pavement away from, you know, the stub street as has been requested and record the plat and move on and deal with a substandard lot. We are just asking for the consideration of reclaiming some land on something that's not needed. So, I don't think that that's a -- I think we would probably just choose the quick and easy get it done. We really step back in a bunch of time to delay this plat, to go through that -- this process, that's how important we think it is, but probably not that important, so -- De Weerd: I had to ask. Schultz: That's the truth as I know it, so -- De Weerd: Okay. Okay. Thank you. Schultz: Thank you. De Weerd: Sabrina, do you have something you can add? Anderson: Madam Mayor and Council, Sabrina Anderson, planning manager at Ada County Highway District. Just a clarification from first time that ACHD reviewed this last week. There was a clarification, as your staff has indicated, that ACHD did not have a continuing interest in having a vehicular connection at the location of the stub street. Did have the expression because there was connectivity further to the west and at Locust Grove. Due to the discussion that your staff had at our commission level that there was continued interest in having the pedestrian and bicycle connection, our commission took that as an interest of wanting to make sure they still preserved that option, either at the stub street location or at another location further to the east. Our staff report said it's actually about 300 feet further to the east. The concern I guess that Meridian City Council November 6, 2013 Page 34 of 68 ACHD would have is to make sure that whatever Meridian gives as their direction is consistent with your pathways plan. It's really not necessarily from ACHD's perspective of connection for vehicular or pedestrian -bicycle within the neighborhood, it's really -- the way that our staff Justin Lucas described it, making sure that when that plat to the north -- that you can get folks down to your regional pathway that you saw some of the pictures of. So, because you don't know what's tying in, those are some older aerials, however that lines up -- and I think Councilman Zaremba really spoke to that. However that's going to line up you're going to be stuck with that. From ACHD's perspective I don't want to see a developer get caught in the loop back and forth however they end up designing that pathway the requirements might be considered in your motion is, you know, a minimum of ten feet, make sure they meet all the requirements. We can work with that. It's really, though, whatever needs to meet your plans and what your desires are. Our commission did look at the request -- the request for reconsideration and deferred it to next week to get your direction in what meets your needs. So, we did kind of a step back and said we want to make sure that whatever we are connecting is what you need to have connected. Realizing that it probably could be a pedestrian -bicycle bridge, it's probably going to need some future partnership to get connected to that pathway and realizing the future school site and Meridian changes its school boundaries frequently, so we can't predict what's going to be ten years in the future. I probably wouldn't go to say that the commission as a whole believes that a bridge will never happen. It probably won't be a vehicular bridge, but we worked per your direction of how do you want that bridge to line up. We will follow suit. So, rather than have a developer get caught in, we will work with it as the design so we can know where you call want to put it and that's why the commission acted the way they did. So, you know, we are ready to proceed at your direction. De Weerd: Okay. Appreciate that. Rountree: Thank you. Bird: Thank you. De Weerd: Okay. Council, any further information needed on this item? Hoaglun: Madam Mayor. Sonya, can you go to the next slide. Since it's -- Sabrina said not -- probably not going to be a vehicular bridge, I just wanted to see -- I mean it does line up with the street, but at the same time I totally understand Matt's situation where we put it and, then, this goes back to the first developer and the engineer, whoever laid this out, not really taking that into account that this is making a lot very difficult to use and if they probably would have looked at it a little more and moved things over and -- but can't go back in time and change that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council November 6, 2013 Page 35 of 68 Zaremba: I'm not clear if this goes away as a roadway what access does that other property have if it eventually does develop? I see one stub street from the north. They are not likely to have access to the arterial. I understood the original value of the stub street and I don't quite see why it's not still valuable. Anderson: Mayor and Councilman Zaremba, you can't see the whole -- but there is a property that's up -- let's see. In the northwest quadrant. Those will start out as well. There is plenty of stub -- access streets to that. So, even though it won't connect over the Ridenbaugh they will be able to connect to the west and, then, also to the east and to the north. So, our staff went through that with our commission to make sure that there was plenty of vehicular connection and there is also a connection over the Ridenbaugh already further to the west and they -- we actually went through it all say within this quadrant regarding two bridge connections. So, there was confidence that there was enough vehicular connection or we would have required it, either to have it built or to have it road trusted. So, that was the concerns that were already there, that we didn't want -- it was like 150,000 dollars that would have been required. So, really, our point from the commission's actions and, of course, you can always require it as the city as well, but it really came down to what's needed for a vehicular -- or a pedestrian and bike connection and we just didn't want to do anything that was going to be just what you needed for a pathway. Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for staff. Sonya or Bruce, either one, how does our pathway plan grow from this area and how would it be accommodated? Watters: Madam Mayor, Council -- Councilman Rountree. The multi -use pathway is only required along the south side of the Ridenbaugh Canal and, then, it goes clear up to South Meridian Road and the corner of Victory and, then, out to Locust from the east. Locust Grove. De Weerd: Mr. Hoaglun. Hoaglun: So, Madam Mayor, to follow up on that. Sonya, what we are looking for is for the folks in this subdivision to have access or -- into their south access to the pathway and making sure we have access from -- from the north from the future development -- future lot section that they can cross the Ridenbaugh to access that -- that pathway. So, I'm trying to figure out if shifting it a hundred feet to the east or 150 feet, whatever that turns out to be, is -- we would still preserve the access for the people on both sides across the Ridenbaugh and we accomplished access and we accomplish a better lot. Am I missing something? Meridian City Council November 6, 2013 Page 36 of 68 Watters: No, Madam Mayor, Councilman Hoaglun. Shifting it further to the east, though, it does make it just that much closer to Locust Grove Road. As Councilman Zaremba mentioned, there is only one stub here to this property from the north right here. De Weerd: Do we know if the irrigation company would even let you have a pedestrian crossing at that point? I know they don't like you to cross these waterways. Watters: I don't know that for sure, Madam Mayor, but that always has been the plan since 2005. It would, of course, require a license agreement. De Weerd: Do we have a pedestrian bridge type of structure over the Ridenbaugh? I mean it's a big waterway and it's -- it's rapidly moving water, too. Watters: I am not aware if we do. De Weerd: So, Council, what would you like to do? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: For the sake of moving things along, I will throw out a motion here, see where it goes. I don't know if I will get it right, but I will throw out something here. I move that we recommend to Ada County Highway District that we support the change in location as presented by the applicant tonight if it meets ACHD engineering specifications. Bird: Second. De Weerd: I have a motion and a second. Discussion? Mr. Zaremba. Zaremba: Did the maker of the motion mean that it would move as a roadway or are you meaning a pedestrian bicycle path? Hoaglun: Yeah. That's a good question. When I came to where I had my period I thought about, um, I better specify here, but I just stopped at my period so I could think about it. I -- my motion I think I would make, then, would be a recommendation to support the change in location and use the specifications for a pathway or crossing that is nonvehicular and see how that goes. De Weerd: Does second agree? Bird: Second agrees. De Weerd: Okay. Any discussion from Council? Meridian City Council November 6, 2013 Page 37 of 68 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I typically would like to see interconnectivity, but since somewhere along the lines there is no trust for getting your bridge built, I don't see -- I think I agree with the ACHD commission that it probably wouldn't happen for vehicular traffic. I would like to ultimately see at least a pedestrian -bicycle facility across this, because you have elementary schools both to the north and the south and no telling how those areas are going to be split, but I hate to see kids having to go out on to Locust Grove to walk to school or have the -- to have mom and dad get out on Locust Grove and drive them to school. So, I'm comfortable with the motion, but I'd like to see somewhere where we can make this happen and without a trust there is no way we are going to get either one, but we are sure not going to get a vehicular bridge. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And I'm open to amendments to that motion, so -- I would assume that it makes a trust would be for a pedestrian bridge is a less expensive than a vehicular bridge. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I certainly would support that kind of amendment. I think there needs to be some connectivity guaranteed. Just a proposal that you leave the space isn't going to get it and I, of course, am uncomfortable not making it a vehicular crossing. If we are going to dial it back to a pedestrian crossing I think it needs to be guaranteed. Hoaglun: Madam Mayor, if I could ask -- do we know what those costs would be for a pedestrian versus vehicular, without an engineering estimate and those type of things, but -- I know it would be less expensive, but it's just -- I was just kind of curious. I'd like to have facts, but -- I guess I would amend my motion to not only include it be a pathway and it be moved and hope ACHD could support that, but it also requires trust of the applicant for a pedestrian bridge. Walkway. Bird: Second agrees. De Weerd: Second agree? Okay Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council November 6, 2013 Page 38 of 68 Zaremba: And I would just comment that the question was raised whether the irrigation district would approve that. They have approved something similar at 8th Street and maybe one or two other places. So, they have some requirements about it, but they have approved them. De Weerd: But that is a drain and this is -- this is different. Okay. Further discussion? Hoaglun: Madam Mayor, real quick. Do we ever put time limits on these things? I mean if it's not going to be a reality I don't want that to be hanging out there with their money sitting there -- Bird: I don't either Hoaglun: -- forever and ever. I can't recall if -- if we have done -- done anything like that, so -- I know other folks have been around here a lot longer than me, but -- De Weerd: Mr. Nary, do you recall any agreement as such? Nary: Madam Mayor, Members of the Council, I guess the time extension -- excuse me. This is a modification of the final plat. I thought it was a time extension. I can't think of anything that's tied to some time limit otherwise. Without it being a -- especially with a final plat modification we don't really have any agreement or anything normally that would kick in or a development modification or like a time extension be for two years, we haven't done that on something like this. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can't think of any time limit we have ever put on a trust. In fact, I'm working hard to figure out when -- when we did a trust before. Did letters and stuff like that, but never on a modification of final plat that I can remember. Can you, Mr. Rountree? Rountree: No, I can't. Bird: I do not and I don't know how you -- excuse me, Madam Mayor. And I don't know how you determine a time and I don't think -- I don't think it's fair to the developer or us, either one, to -- I don't know. And I'm thinking really hard if we have ever had a trust with them. But I agree we have never -- a lot of times if we did -- if we had had a trust maybe something would have gotten done. You got to have a time limit on it. Hoaglun: Madam Mayor, question for Bill. By recommending to ACHD that we will support the change in location if it meets the engineering specifications for a pathway, is Meridian City Council November 6, 2013 Page 39 of 68 that not setting aside their -- dealing with their modified final plat recommendation? I'm not making a vote on that specifically. That would still have to come back to us and we could take final action. Is that -- Nary: Yes, you are correct Hoaglun: So, maybe what we need to do is make our recommendation -- I would -- and I'm thinking out loud here, I guess. I'm not making a motion yet. Take away the trust aspect, just say recommendation for change in location if it meets any of their -- meets their muster for specifications for a pathway and leave it at that. If they come back and say we are fine with that, then, we will have before us at the next meeting after ACHD's meeting MFP 13-002, and, then, by then we can have staff do some investigations and determine, okay. what do we want to do about that pedestrian crossing, if one would ever come about, if the irrigation district would allow one and that sort of thing. So, I think it's better than trying to design something on the fly here, just take it one step and, then, let ACHD take their steps and, then, we come back and we go from there. So, with that, Madam Mayor, for the umpteenth amendment to my motion, I would recommend that -- to ACHD we will support the change in location if it meets ACHD specifications for a pathway at the location as recommended by the applicant. Bird: Are you done now? Hoaglun: I'm done. Bird: Second agrees. De Weerd: Okay. I have a motion and a second. Any discussion from Council? Rountree: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: PP 13-018 Olson & Bush Subdivision by Ronald W. Van Auker Located 2950 E. Franklin Road Request: Preliminary Plat Approval Consisting of Six (6) Building Lots on 6.81 Acres of Land in the I -L and C -G Zoning Districts De Weerd: Okay. Moving right along, Item 9-C is a public hearing on PP 13-018. 1 will open this public hearing with staff comments. Meridian City Council November 6, 2013 Page 40 of 68 Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a preliminary plat. This site consists of 6.81 acres of land. It's currently zoned I -L and C -G and is located at the northwest corner of East Franklin Road and Olson Avenue. The applicant requests approval of the preliminary plat consisting of six building lots on 6.81 acres of land in the C -G and I -L zoning districts. The applicant intends to expand the depth of the existing adjoining lots in Olson and Bush Subdivision to the north, which are accessed via Lanark Street. So, they are right here. There is an existing home on lot 1 and a shed on Lot 2 that are proposed to remain. Upon development of Lot 2 the shed shall be removed. The Snider Lateral runs across portions of the site and is depicted on the plat within a 40 foot wide easement. Approximately 180 feet of the lateral is piped west of North Olson Avenue on Lot 2. The remaining portion on Lot 2 is proposed to be piped. Because the lateral straddles the property line at Lots 5 and 6, and neighboring properties to the south and west and because these portions of the lateral are not visible or accessible from any streets, the applicant requests a waiver from Council to allow the portion of the lateral west of lot two to remain open. So, that would just be all of this that you can see that runs to the southwest boundary. Because the applicant intends to develop the site with office and light industrial uses, which will involve limited landscaping, the applicant also requests a waiver to UDC 11-3A-15, which required underground pressurized irrigation to be provided to each lot within the subdivision. A provision of the existing development agreement allows the existing home and residential use to remain on the property and allows hook up to city services to occur upon redevelopment or system failure. The existing access for the home via Franklin Road is also allowed to remain until such time as the property redevelops or a change in use occurs. Then access shall be -- shall be provided by Olson Avenue. All other access shall be provided by Olson Avenue or through the existing lots to the north via Lanark Street. A cross - access easement is required to be provided by Olson Avenue or East Lanark Street for all lots that do not front on a public street. As you can see here from the aerial a couple of these lots are already being used for storage from the existing lot here to the north. A 25 foot wide street buffer is required along Franklin Road and a ten foot wide street buffer is required along Olson Avenue. The applicant intends to request alternative compliance with the final plat application for the existing grass, trees, and other landscaping associated with the existing home to serve as the required street buffer along Franklin until such time as the property redevelops. The Commission recommended approval of the proposed plat. Brad Miller of Van Auker Properties, testified in favor. No one opposed or commented on the application. Written testimony was received from Brad Miller. Key issues of discussion by the Commission: The applicant's request for a waiver to the requirement for pressurized irrigation to be provided to all lots in the subdivision. Key Commission changes to the staff recommendation was a clarification of conditions 1.1.3, 2.2.3 and 2.2.24 to allow removal of the existing domestic well and septic system and piping the Snider Lateral to occur upon redevelopment of Lot 2. And a new condition to be added for cross -access easement to be provided by Olson Avenue or East Lanark Street for Lots 3 through 6. That was condition 1.1.4. Written testimony has been received since the commission hearing. Letter from Brad Miller in agreement with the staff report, except for the pressurized irrigation requirement. Outstanding issues for the Council is the applicant's Meridian City Council November 6, 2013 Page 41 of 68 request for a waiver to allow a portion of the Snider Lateral west of Lot 2 to remain open. And a waiver to not require underground pressurized irrigation to be provided for each lot. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none at this time. De Weerd: Okay. Would the applicant like to make comment? Good evening. Miller: Good evening, Madam Mayor, Members of the Council. Brad Miller of Van Auker Companies. 3084 East Lanark in Meridian. De Weerd: Thanks, Brad. Miller: I appreciate you taking the time and Sonya did a great job with the staff report. I really appreciate that and her presentation. The two items that we request -- number one is the piping of that lateral. As it crosses the -- or comes to the west property line of that one lot it does meander between our property and the neighboring properties and the neighboring properties do use that for the run off of their irrigation. So, our preference would be not to tile that or pipe that, just that first section of it that crosses the lot. The second item is in regard to the pressurized irrigation. As you can see from the aerial photo we have John Deere Landscaping there and we have American Wall Cover. They have a trust plant there. And they have extended their operations into the back there and they use those two lots as -- as storage areas. This is Ben Barnham's old property. It's kind of an odd configuration there and there is really no way for us to be able to do much with that, except for incorporating those four proposed lots with the adjoining lots and, then, having the one lot on North -- on North Olson and, then, the other lot on -- on Franklin. So, we feel that because four of the lots would be used as storage, the other lots surrounding North Olson would be an industrial lot with minimal landscaping, we would ask that -- that that condition be waived. None of the other lots in and around this area have pressurized irrigation and in order -- I have attached a letter from the irrigation district which states that even though they could in theory put a pressurized system there, it would be very difficult, because there is no drainage there, it would have to go to the north to the Evans Drain about 850 feet and it would have to cross the adjoining parcels, some of which are not under our ownership. So, we would ask that you, please, waive that requirement and allow us to only pipe that first section of the Snider Lateral. De Weerd: Thank you, Brad. Council, any questions? Bird: I have none. Rountree: None. Miller: Thank you very much. Meridian City Council November 6, 2013 Page 42 of 68 De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Council, seeing none, do I have a motion to close the public hearing? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on PP 13-018. Rountree: Second. De Weerd: Have a motion and a second to close the public hearing on Item 9-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-018 and not require tiling of the lateral across there and no pressurized water system. Rountree: Second. De Weerd: I have a motion and a second to approve this with the -- with the two waivers. Bird: Yes. With the two waivers, Madam Mayor. De Weerd: Any discussion by Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: PP 13-027 Tustin T.W.O. Subdivision by Conger Management Located North Side of E. Ustick Road, West of the McMillan/Locust Grove Road Intersection Request: Preliminary Plat Approval Consisting of Forty -Four (44) Single Family Residential Building Lots and Ten (10) Common/Other Lots on 15.26 Acres of Land in an R-4 Zoning District Meridian City Council November 6, 2013 Page 43 of 68 De Weerd: Item 9-D is a public hearing on PP 13-027. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next request is for a preliminary plat. This site consists of 15.26 acres of land. It's currently zoned R-4 and is located on the north side of East McMillan Road, approximately an eighth mile west of North Locust Grove Road. A little history on this site. In 2005 this property was annexed and preliminary platted as part of Tustin Subdivision to the north of this site. A final plat was recorded for phase one to the north, but the remainder of the plat, which included the subject property, expired. The proposed preliminary plat consists of 44 building lots and ten common or other lots on 15.26 acres in an R-4 zoning district. A gross density of 2.88 dwelling units per acre is proposed consistent with the desired density of low density residential designated areas, one to three units per acre. Access is proposed on the plat via East McMillan Road. A stub street is proposed to the east for future extension and interconnectivity. Timberline Way, an existing stub street at the north boundary of the site is proposed to be extended through the site for interconnectivity. The North Slough runs along the northern boundary of the site and was piped with development of the property to the north. The Lemp Canal runs along the southern boundary of the site adjacent to McMillan Road and is open. Another smaller ditch runs along the west boundary. The UDC requires all ditches to be piped, unless waived by City Council. The applicant is requesting a waiver from Council to allow the Lemp Canal, which runs along McMillan Road, to remain open due to its large capacity. A 25 foot wide street buffer is required along McMillan Road and is proposed on the north side of the Lemp Canal. A ten foot wide multi -use pathway is proposed in accord with the pathways plan within the street buffer. The plat includes 1.85 acres or 12.1 percent of qualified open space and a ten foot wide multi -use pathway along McMillan and a pathway within the common area at the north boundary of the site in accord with open space and site amenity requirements. A six foot tall vinyl fence is proposed along the perimeter boundary of the subdivision, as well as along interior common areas. The UDC does not allow six foot tall closed vision fencing around interior common open space areas or pathways. The fencing will need to be reduced to four feet if solid material is used or six feet in height is allowed if an open vision material is used. Conceptual building elevations for future homes within this development were submitted with this application as shown. Staff recommends the street facing facades and structures on Lots 15 through 17, Block 1, and Lots 4 through 9 of Block 5 incorporate articulation on the facades to break up monotonous wall plains and roof lines. The Commission recommended approval of the proposed preliminary plat. Kent Brown testified in favor at the public hearing. Barbara Wright commented. And written testimony was received from Kent Brown. Key issues of discussion by the Commission. There were none. It was a pretty clean plat. Written testimony has not been received from anyone since the Commission hearing. The only outstanding issue for Council tonight is the waivers to allow the Lemp Canal to remain open due to its large capacity. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions? Meridian City Council November 6, 2013 Page 44 of 68 Rountree: I have none. Bird: I have none. De Weerd: Okay. Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. Staff covered everything. We are in agreement with the conditions. I will kind of convey to the -- to you as I did in P&Z Commission, we had a neighborhood meeting. For the most part the concern was what type of houses and they understood that we are building the same houses that they currently live in. The majority of the people were from Tustin One. There were a few people to the west that had some concerns about access to water -- pressure irrigation water and we explained to them that we are installing the lines, but Settlers has to grant them permission to have access to that and if they want to put services to those lots we can. Settlers did allow that to happen on the west side of their development, because there is Saguaro Canyon that's on that other side. And so I would imagine that that's the case. And, then, there was some concern in the -- our northwest corner you see here, there is a sewer easement that comes through Larkspur, that one of the neighbors has that sewer easement running through his property and there is currently a fence or gate and people kind of view that as a walking path to get into their neighborhood and it's not intended for that, it's only intended for sewer access and for the Settlers maintenance facility. We mentioned that we are putting a fence, that kind of relieved any issues, and I believe that that's why there is one here tonight to testify before you, so stand for any questions you may have. De Weerd: Thank you, Kent. Brown: Thank you. De Weerd: Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we close the public hearing on Item 9-D. Bird: Second. Meridian City Council November 6, 2013 Page 45 of 68 De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve PP 13-027, subject to testimony, staff comments, and with the waiver to allow the Lemp Canal to remain open. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D with the stipulations as stated. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District F. Public Hearing: PP 13-023 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Three (3) Common/Other Lots on 4.38 Acres of Land in a Proposed R-8 Zoning District De Weerd: Okay. Item No. 9-E and F are public hearings on RZ 13-009 and PP 13- 023. 1 will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Councilmen. The next two applications before you are a request for a rezone and preliminary plat. The subject property consists of 4.38 acres of land. It's currently zoned R-4 and is located on the north side of West Ustick Road approximately a quarter mile east of North Ten Mile Road. This property was annexed in 1995 and a preliminary plat was approved for Bramblewood Subdivision. The plat later expired. In 2006 a plat for Cold Creek Subdivision was applied for, but Meridian City Council November 6, 2013 Page 46 of 68 was denied. The applicant submitted a request for a rezone with this application, 4.38 acres of land from R-4 to R-8, consistent with the medium density residential future land use map designation for this site. The preliminary plat is proposed to consist of 16 building lots and three common lots. The gross density is 3.65 dwelling units per acre, consistent with the desired density of three to eight units per acre in medium density residential designated areas. A 25 foot wide street buffer is required along Ustick Road. Because the site is below five acres in size, open space and site amenities are not required. Stormwater from the streets will be discharged into a storage pond on Lot 1, Block 3 in the center of the development here. One access is proposed via Ustick. A stub street is proposed to the west for future extension and interconnectivity. A stub street is not required to the office development to the east as there is not public street connection. A six foot tall vinyl fence is proposed to be constructed around the perimeter boundary of the subdivision where fencing doesn't already exist. Sewer is supposed to be extended from the north by an aerial crossing over the Five Mile Creek and it will extend into the site by a 20 foot wide sewer easement on the west side of Lot 8, Block 1 as you see here. Water will be extended from Ustick Road. Conceptual building elevations for the future homes within the development were submitted by the applicant as shown. Staff recommends the structures on Lots 2, 3, 4, Block 1, and Lot 2, Block 2, that back up to Ustick Road have articulation in the rear facade to break up monotonous wall plains and roof lines. The Commission recommended approval of the subject rezone and preliminary plat applications. Ross Erickson, the applicant's representative testified in favor. No one testified in opposition. John Schafer, the neighbor to the west, did comment. Written testimony was received from Ross Erickson. And since the Commission hearing Ross Erickson did submit another letter of testimony in agreement with the conditions in the staff report. There are no outstanding issues for City Council. Staff will stand for for any questions Mayor and Council may have. De Weerd: Council, any questions? Bird: I have none at this time. Rountree: I have none. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I do. If I recall 2006 correctly, there was a great deal of discussion about -- I believe it was a multi -use pathway that needed to go along the waterway that's diagonal across the north boundary here and the issue was access to that. I forget which side of the waterway the pathway is supposed to be on, but there was some issue about -- I think maybe the pathway is supposed to be on the north side and we were requiring Meridian City Council November 6, 2013 Page 47 of 68 them to make a bridge across to it and I don't see that being discussed this time. Do we need to connect to that pathway? Watters: Madam Mayor, Councilman Zaremba, a bridge connection would always be nice. The applicant is not proposing a bridge connection. Staff did discuss it with them. It's within your purview if you want to require it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I might shed some light onto that. Just to the east of this proposal is some office structures and on the other side of that is the tower bridge -- entrance to Bridgetower Subdivision and that is a sidewalk -bridge combination. It's fairly close to access that -- that walkway on the north side. I don't know if it's close enough, but it is -- it is there, they don't have to walk a quarter mile, half mile, or anything like that, it's just -- it's just on the other side of those dental offices, so -- De Weerd: Okay. Anything further at this point? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Erickson: Good evening. Ross Erickson. 6313 North Cloverdale in Boise. Sonya gave a pretty thorough staff report there. Like she mentioned we are in agreement with all the conditions of approval that she's indicated. On the zoning designation, we are -- we are requesting 16 lots on 4.38 acres, which is a gross density of 3.65 units per acre. So, we are on the low end of an R-8. Our average lot size is 7,700 square feet. So, the R-8 really does this site justice. The plat that was submitted back in 2006, they tried doing 16 lots in an R-4 and I don't know if any of you remember that plat or recall it, but the lot orientation was very convoluted. You couldn't really tell which side of the lot was the front. The streets were kind of doing some awkward things. So, with the R-8 the designation really does this plat a lot of justice in cleaning things up and giving you some flexibility to create uniform shaped lots and a good road system to fit to circulate through. A little history. We first started -- we met with Sonya and staff to talk about the property and learn about, you know, some of the previous issues and one of the issues -- the main issue that was cited for denial of the previous plat was how the property is going to be sewered. The previous proposal had sewer main coming from the north side of Five Mile Creek, entering the property at the northwest corner, down through a common lot and down to a street and, then, circulating into the sub. Basically what they had proposed was a common lot for that sewer line, which created kind of a pocket of no man's land that would be fenced and there were light issues associated with that with regards to safety and so we will work with the city engineer and Public Works to come up with a different solution where we actually are serving the sewer -- the project from a different location, as Sonya described, we are going to take the sewer down a driveway that will actually be improved with concrete to preserve it and it will also serve as the driveway to that building lot. So, you're not even going to know that there is corridor there for sewer and it solved that problem with having a pocket of unusable space. The Meridian City Council November 6, 2013 Page 48 of 68 other issue was just the -- it wasn't cited, but it was kind of expressed that -- just kind of the unusual nature of the lot configuration, we think we have done a good job there. The project includes a 25 foot landscape buffer along the frontage in the central common area that will include our irrigation ponds and ACHD storage area for storm water. The project will have a pressure irrigation system that will primarily be fed with surface water and the developer also has ground water rights in the same basin and in transfer to the site into a well. There was a use to supplement the surface water and run a rotation schedule. So, what we will do is have that well on a time run flow to adjust to make sure there is adequate water in that pond for irrigation. It will also be used on the fringe for years like this year when they shut the water off in the ditches we will have a source for water. That central area we will also landscape it with trees and a landscape plan. We think it kind of creates a nice feel. Kind of an open area in the center of the development. Six foot vinyl fences. I think with that I will stand for any questions. I don't really have much more. De Weerd: Council, do you have questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Real quick. Ross, if that property to the west develops at a future date would this be the only access point for that property? Would Schafer's access point go away for that development? Erickson: Madam Mayor, Councilman Hoaglun. I assume ACHD would take away their access and that they would require -- it depends on whoever comes in first is going to get the access. Our plat happened to come in first, so we are planning a stub street. So, if it had been the other way around that would be providing a stub street to us, so -- Hoaglun: Thank you Erickson: Yeah. De Weerd: Mr. Zaremba. Zaremba: I was just going to comment on the street. I think you're talking about the adjacent property to the west. The next property over isn't that far away and I think it has a matching stub street into this neighborhood process and so they would have a road that went all the way through their property -- the neighboring property to yours; is that correct? Erickson: Madam Mayor, Councilman Zaremba, that is correct. Yeah. So, the connections to your property would basically be connecting to public streets and have access out to Ustick Road to our development or back out to Ten Mile through the adjacent development. Meridian City Council November 6, 2013 Page 49 of 68 De Weerd: Okay. Anything further? Okay. Thank you. Erickson: Thank you. De Weerd: I do have a couple of people signed up on the sign-up sheet. Paula Bennett signed up against. Would you like to provide testimony? Okay. Thank you. Okay. Mike Gregory. I believe. Signed up in favor. Okay. Thank you. Is there anyone who would like to provide public testimony on this item? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 9-E and F. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items 9-E and F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-E, RZ 13-009. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion by Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Clerk. De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-F. Meridian City Council November 6, 2013 Page 50 of 68 Bird: Second. De Weerd: I have a motion and a second to approve Item 9-F. Is there any discussion by Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C -N (6.58 acres) Zoning Districts H. Public Hearing: PP 13-022 McLinder Subdivision by TS Development, LLC. Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Preliminary Plat Consisting of 28 Building Lots (7 Commercial & 21 Multi -Family Residential) and 2 Common/Other Lots on 11.88 Acres of Land in the R-15 and C -N Zoning Districts. 1. Amended onto the Agenda: Public Hearing: CUP 13-010 Sawtooth Village at McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 84 Dwelling Units in the R-15 Zoning District Note: This was properly noticed through the Valley times and did meet State requirements De Weerd: Okay. Items 9-G, H and -- I think it's I. H-1. Is public hearings for AZ 13- 010, PP 13-022 and CUP 13-010. 1 will open these public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for annexation and zoning, preliminary plat and conditional use permit. This site consists of 13 acres of land. It's currently zoned RUT in Ada county and is located at the southeast corner of North Linder Road and West McMillan Roads at 4650 North Linder Road. The applicant has submitted an application for annexation Meridian City Council November 6, 2013 Page 51 of 68 and zoning of 13 acres of land with R-15 zoning, which consists of 6.43 acres of the site and C -N zoning, which consists of 6.58 acres of the site, consistent with the mixed use neighborhood future land use map designation for this site. A preliminary plat is proposed for McLinder Subdivision, consisting of 28 building lots, seven of those being commercial and 21 of those being multi -family residential and two common or other lots on 11.88 acres of land. A conditional use permit is requested for a multi -family development consisting of 84 dwelling units, 21 two story four-plex structures on 6.43 acres of land in a proposed R-15 zoning district for Sawtooth Village. The gross density proposed is 13.07 dwelling units per acre, which is slightly above the desired density of six to 12 units per acre desired in MU -N designated areas. Access for the development is proposed via one right -in, right -out access off of North Linder Road midway between Ann Taylor Street, which at the southwest corner of the property and McMillan Road, and one full access off of West McMillan Road, approximately 500 feet east of the intersection. Another right -in, right -out access via McMillan Road was proposed 300 feet east of the intersection, however, ACHD denied this access and the applicant submitted a revised plat accordingly, as you see here on the left. West Ann Taylor Street at the southwest corner of the site will be widened to a full street section. It exists currently at a half street section and it will provide access to the development from the south. Cobblefield Street stubs at the east and south boundaries of the site and is proposed to be extended across the southeast corner of the site. Internal driveways are required to be in an easement providing access at all lots. Because the UDC restricts access to arterial streets when access from a local street is available, the applicant requests a waiver from Council for the two access points shown on the plan via Linder and McMillan, both arterial streets. The Lemp Canal runs along the north boundary of the site adjacent to McMillan Road. A couple of other ditches exist at the northeast corner of the site. The UDC requires all waterways to be piped unless approved as a water amenity or linear open space or waived by Council when a public purpose requiring such will not be served at public -- safety can be preserved or due to large capacity facility. The applicant proposes to pipe approximately 300 feet of the Lemp Canal midway between the east and west boundaries, but requests Council approval of a waiver to allow the remaining portions, which is approximately 485 feet to remain open due to its large capacity. A section of the city's multi -use pathway system, the Eagle Island Pathway, is designated on this site, along the east side of Linder Road. Because there is already a sidewalk along Linder the Parks Department is allowing the existing sidewalk to satisfy the pathway requirement and is not requiring any additional sidewalk construction. A 20 foot wide street buffer is required along Linder and McMillan and a ten foot buffer is required along Ann Taylor Street. A detached sidewalk already exists on Linder Road. A detached sidewalk is proposed along the south side of the Lemp Canal along McMillan. Attached sidewalks are proposed along Ann Taylor and Cobblefield Streets. Common area and site amenities are required for the residential portion of this development in accord with the subdivision and multi -family development standards. A club house, swimming pool, barbecue area with picnic tables, a playground, pathway to the common areas and an additional five percent open space are proposed as amenities. Conceptual building elevations were submitted by the applicant that represents the type of construction planned for this site. The Commission recommended approval of the subject annexation, zoning, plat and Meridian City Council November 6, 2013 Page 52 of 68 conditional use permit applications. Lance Warnick, Aspen Engineers, testified in favor, as did Penelope Riley, Riley Planning Services, and Tom Bevin. There was no -- no one testified in opposition or commented on the applications. Key items of discussion by the Commission was the number of bicycle racks needed for the multi -family portion of the development. They ended up modifying the staff's recommendation to Condition 1.2.10 to require at least ten bicycle racks to be provided within the multi -family development in locations agreed upon by the applicant and staff. The Commission also changed the Conditions 1.1.E and 1.3.2 requiring a multi -use pathway along Linder Road, as one is not required by the Parks Department. There has been no written testimony since the Commission hearing and there are no outstanding issues for Council, other than the request for the waiver of the canal to remain open along McMillan. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Warnick: Good evening. My name is Lance Warnick, professional engineer with Aspen Engineers. Business address is 45 West Main, Kuna. 83634. I'm here on behalf of the application TS Development requesting city approval. As staff has done such a wonderful job to introduce the annexation and rezone of this parcel, these parcels to C -N and C -C, the approval of the preliminary plat and also a conditional use permit. Not a lot else to say. I think Sonya has done a great job at introducing the project, you know, essentially, what we are trying to do is create an area where we can have a good mix of both residential and commercial facilities. We plan to see this an integrated community where we see some of the same fixtures, textures and colors being used in both the commercial and the residential area. As a whole we want to market it as Sawtooth Village, someplace that you can live and also shop and have services. It is in close proximity to the arterial roads and we felt it would be a good benefit and a good mix to provide housing types in the neighborhood. The conceptual building elevations that you see on your screen right now, they are well done, they are a classic pinwheel pattern fourplex. As you look at it it looks like a large two-story house. Each side of the building has a separate entrance to go with each of the units, so it blends in well with the community. So, not a lot else to say. I'd just like to stand for any questions and, again, request your approval for the items that staff has introduced. De Weerd: Thank you. Council, any questions? Bird: I have none. Meridian City Council November 6, 2013 Page 53 of 68 De Weerd: Thank you. I did have a couple of people signed up. If you would like to provide testimony when I call your name, please, come forward at that time. Mary Murphy signed up in favor. Okay. Tom Bevin signed up in favor. Good evening. Bevin: Good evening. De Weerd: If you would, please, state your name for the record. Bevin: Tom Bevin. 4202 North Marcliff, Boise, Idaho. De Weerd: Thank you, Tom Bevin: We just represent the developer of the project. We tried to develop a project that blends together the commercial and also with the residential. As Lance mentioned the fourplexes are pretty special and the fact that they look like a large house, they don't have the typical fourplex entry of hallway going up into four units. So, if you look at each side it looks like a front -- each fourplex has its own front door, so I think it's pretty unique and it carries the scene into the landscaping over into the commercial development for Sawtooth Village, so we want to do kind of a rustic look, but that blends throughout the project and we have nice open area amenities. Your staff was very -- very helpful in helping us design some of those items and we sure appreciate that. If you have any questions I would be sure to answer them. De Weerd: Thank you, Tom. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Thank you. Bevin: Thank you very much. De Weerd: And Penelope Riley signed up for. Good evening. If you will, please, state your name and address for the record. Riley: Penelope Riley with Riley Planning Services. My address is Post Office Box 405, Boise, Idaho. 83701. De Weerd: Thank you. Riley: Almost forgot my where I was. On behalf of the team we would like to thank staff. They did an awesome job of working with us. That doesn't mean that they lowered their standards, they just were very professional to work with and it was a good experience. So, thank you very much. Just a couple items. I wanted to offer that the proposed development will actually serve as a nice buffer for the residential Meridian City Council November 6, 2013 Page 54 of 68 development that's to our south and to our east. It will kind of step things down. It will be additional -- the height of the residential development in the center of the site will provide them with some light buffering and, then, we will step back down into the commercial development along the street. I think it will be a nice way to enhance the neighborhood and also protect them somewhat from a very busy intersection. Also I just wanted to mention that the applicant will provide the staff with a schematic of parking for bicycles prior to the submittal of the final plat implication, so that we can get that taken care of in the final plat process. I would be happy to answer any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Riley: Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Or any of these items? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on AZ 13-010, PP 13-022 and CUP 13-010. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-G, H and H-1. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 13-010 and include all staff and applicant comments. Hoaglun: Second. Rountree: Second. De Weerd: I have a motion and a several seconds to approve Item 9-G. Any discussion from Council? Rountree: I have none. Meridian City Council November 6, 2013 Page 55 of 68 Bird: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make this motion, Bill, the first strike the conditions for the pathway, that would be in the preliminary plat, am I not right? Okay. I move that we approve PP 13- 022 and include all staff and applicant comments and include the striking of Conditions 1.1.E and 1.3.2. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-H. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 13-010, include all staff and applicant comments and also a modification to Condition 1.2.10. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-1-11. Any discussion from Council? Rountree: No. Bird: I have none. Meridian City Council November 6, 2013 Page 56 of 68 Watters: Madam Mayor? Excuse me. May I clarify? Did Council mean to approve the applicant's request for waivers for access to arterial streets, Linder and McMillan and the waiver for tiling the canal adjacent to McMillan? Thank you. Bird: Uh-huh. De Weerd: Yes. Watters: Thank you. De Weerd: Anything from Council on this? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Public Hearing: RZ 13-010 Three Corners by C13, LLC Located at Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Rezone Approximately 31.73 Acres from the C -C (Community Business), the R-8 (Medium Density Residential) and the R-2 (Low Density Residential) Zoning Districts to the C -C (Community Business) (12.52 Acres), the R-4 (Medium -Low Density Residential)(16.51 Acres) and the R- 8 (Medium Density Residential) (2.70 Acres) Zoning Districts J. Public Hearing: PP 13-025 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Preliminary Plat Approval Consisting of Eight (8) Commercial Lots, Fifty -Four (54) Single Family Lots and Six (6) Common Lots to Approximately 30.27 Acres in the Proposed C -C, R-4 and R-8 Zoning Districts K. Public Hearing: MDA 13-017 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #108022887) to Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain Sections of the DA to Reflect the Proposed Changes De Weerd: Okay. Item 9-1, J and K are public hearings on RZ 13-010, PP 13-025 and MVA 13-017. 1 will open these three public hearings with staff comments. Meridian City Council November 6, 2013 Page 57 of 68 Parsons: Thank you, Madam Mayor, Members of the Council. The last hearing item on the agenda this evening is the Three Quarter Subdivision. This project was before you in 2007, early 2008, and it was called the same project and it annexed with a C -C and R-8 and R-2 zoning district to develop a mixed use development consisting of a public school, retail, office, and R-8 density style residential and, then, estate lots subdivision as well. At that time the applicant was proposing 33 lots in the plat before you this evening. They have increased the lot count and the density for the site as well. As you can see here, the only portion of that plat that was approved in 2007 was developed -- is currently developed with a private school known as Foundations Academy. The applicant has come before you on several occasions and asked for time extensions to keep that plat alive. In speaking with you tonight they have a different vision for the property. In order to get them to what they are proposing before you this evening they are proposing to rezone, plat the property, and do a development agreement modification consistent with the mixed use community standards that we have in the UDC today -- or the Comprehensive Plan today. So, as I mentioned to you, here is the preliminary plat. It does consist of eight commercial lots up along Chinden Boulevard here. There will be a small node of R-8 zoning, 5,000 square foot lots here in the northeast corner of the development and, then, as previously approved or based on the previous concept that you approved and plat is transitioning into larger estate lots as you transition along the east and the south boundaries consistent with the surrounding subdivision -- county subdivisions developed in the area. Minimum lot size, as I mentioned to you, is 5,000 square feet, with an average lot size of 8,500 square feet. The gross density for the proposed subdivision is roughly 2.64 dwelling units to the acre, which is slightly under what the Comprehensive Plan is looking for, but as I mentioned to you they are increasing the number of lots over the previous plat, so they are trying to get closer and align better with the Comprehensive Plan moving forward with this subdivision. Here is the proposed landscape plan before you this evening. The applicant is providing in excess of the ten percent required by the UDC. The primary open space will consist of two central open space lots here along the entry into the subdivision and, then, there is also a component pocket park for the estate lots down here along the southern half of the project. As I mentioned to you earlier here is where the adjacent private school is located and the applicant is proposing a pathway -- integrated pathway system as an amenity with this development to link both open space and link it to the commercial development -- future commercial development and, of course, the private school. A 35 foot landscape buffer is along -- is proposed along Chinden Boulevard and a 35 foot wide landscape buffer is required along Locust Grove as well, which is designated an entryway corridor. The applicant is required to set aside the necessary ITD right of way for preservation. The only access proposed for this development is off of Locust Grove, which is consistent with the previous approval. That roadway will be provided and, then, also provide future connectivity to the vacant property to the south, which the owner of this development currently owns as well. So, future connectivity is provided. One thing to mention with this plat is the applicant is now proposing any access to Chinden Boulevard, which is also consistent with our access management practices as well. Here are the proposed elevations before you this evening. I think it's something that you haven't seen in a while. A mix of stucco, wood siding. That applicant has paid quite a bit of detail to the proposed elevations and Meridian City Council November 6, 2013 Page 58 of 68 I think it's -- it is definitely an elevated design from what we have seen in recent years or recent months. A recommended condition in the DA is that the applicant -- the applicant does comply with these submitted elevations. And as I mentioned to you in order to unravel what was previously approved, the applicant is now requesting a modification to that recorded development agreement. One of the sections that needs to be amended is Section 4.1, which actually increases the number of lots over the previously approved preliminary plat. So, we are getting a higher density out there. Although not what we envision, it's still higher than what was proposed in the past, so now we are having the 54 lots -- the eight commercial lots and, then, the common lots have increased, but open space is pretty consistent to what was proposed back in 2007, 2008. Section 5 we are replacing -- there is actually in the recorded development agreement -- at the time staff did have clear vision for design review and so at the time we threw every provision at this development requiring certain requirements for design review and most of those provisions that were laid out in the recorded development agreement were already provisions that we have in the code, but are provisions that we use today to analyze for both future and proposed development. So, staff's recommendation is we simply just removed those bullet points and replaced it with the following language that they just comply with the submitted home elevations as I have shown you this evening and, then, we are recommending two new provisions this evening. One would be any development on the future commercial lots -- would have to go -- comply with our design standards and, of course, our design manual and if Council recalls in a previous time extension we discussed with the applicant providing an HOA sign not on this project -- property, but on the adjacent property to the west on the church property. The applicant was willing to work with staff and so as a recommended DA provision this evening he has still offered to place -- put up 5,000 dollars towards that entryway sign on the church property to the west. The Planning and Zoning Commission did recommend approval of this project at their October 3rd meeting. The only person testifying was the applicant. Staff has not received any additional testimony on this application. We have received a final staff report from ACHD. They approved this design as presented to you this evening as well. Staff is not aware of any outstanding issues before you this evening and at this time I would stand for any questions Mayor and Council may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, what kind of a -- what's the right of way on Chinden -- did we require? The footage. Parsons: Mayor, Councilman Bird, currently ITD is requiring 140 feet total width. So, the applicant is providing the 30 additional feet needed to be preserved for future expansion. Bird: I thought that's what you said, but I wanted to make sure. Make it clear. Meridian City Council November 6, 2013 Page 59 of 68 De Weerd: So, Bill, did this have a development agreement when it was annexed? Parsons: Madam Mayor, Members of the Council, it does currently have a DA that governs the site, yes. De Weerd: Okay. Hoaglun: So, Madam Mayor and Bill, any amendments to that as proposed will be part of the rezone or a preliminary plat? Parsons: Madam Mayor and Members of the Council, they have a concurrent DA mod with the rezone and the plat. So, we are, basically, amending the already recorded and approved development agreement, changing some language and adding new provisions as part of their DA modification. Hoaglun: Thank you. De Weerd: Okay. The last man standing Brown: Years ago my dad always said -- you know, he would say -- you know, we would work all day and we would get ready to do something and he goes this is the last item of the day and he says, well, if we would have done this first we would already be done. So, that's where we are at. De Weerd: Would you like to state your name and address -- Brown: For the record Kent Brown. 3161 Springwood East -- East Springwood, Meridian, Idaho. De Weerd: Thank you. Bird: I think Bill's covered everything. I could probably go on for 30, 40 minutes, I guess, if you wanted, but -- De Weerd: We have you on a timer. Brown: Okay. But for the most part the -- all of the changes, the development agreement changes and the rezone changes are all subject to a new site plan. We feel that it's a lot more buildable, less curves than what was in the old one, a lot more rectangular lots. We are anxious to get your approval and to be right back before you with the final plat to put the first phase in. The first phase that we are looking at is in the south, so we will build quite a bit of road to get there, but we are looking at those estate lots in the south part of the site to be right back before you and, then, as the commercial activity happens and you will be looking at that, but we will see how the market is for the smaller houses as we move forward. I think from a design standpoint as we come in off of Locust Grove that curve makes it so those houses kind of hide back there behind the Meridian City Council November 6, 2013 Page 60 of 68 school and the commercial properties and we will make that secluded, but at the same time a very nice community and a good addition to Meridian. I will stand for any questions you might have. De Weerd: Is that a performing arts pod up in the northwest corner? Brown: Of our site? Those are just commercial properties. De Weerd: Just asking. Someone plugged that seed somewhere. I can't think of who that might have been. Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you, Kent. This is a public hearing. Is there anyone who would like to provide testimony on this item? Hoaglun: Madam Mayor? De Weerd: It was nice to see you a little speechless, though, Kent. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Seeing no one is willing to comment further, I move that we close the public hearings on Items 9-I, J and K. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on these items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of RZ 13-010 with the modification of the DA amendment as proposed by staff and agreed to by the applicant. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-I. Madam Clerk. Meridian City Council November 6, 2013 Page 61 of 68 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: I move approval of PP 13-025. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-J. Any discussion by Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of MDA 13-017. Rountree: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-K. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Public Works and Fire Department: Joint Department Report Number of Connections Allowed on a Single Water Main Meridian City Council November 6, 2013 Page 62 of 68 De Weerd: And your dad was right, we should have started with this. Okay. Item 10-A is under Department Reports and Public Works and Fire Department. Radek: Madam Mayor, Council Members, this department report is about the requirement for developments to be built with more than one water main supplying water to customers or redundant water supply. First I'd like to talk for about five minutes about why redundant supply is important and, then, I'd like to give you the Public Works and Fire Department recommendation for our policy regarding the number of water services that should be allowed before redundant supply means are required. Finally, I will stand for questions and ask Council to affirm staff's policy recommendations. De Weerd: Okay. Madam Clerk, will you, please, set the timer for five minutes. Bird: With three off. Radek: Water supply through redundant water mains is about two risk management issues. The first is mitigating the impact of a water main failure. The second is mitigating the risk and impact of water quality problems. Regarding water main failure impact and mitigation, if a water main break occurs it takes several days to find, isolate it, repair it, test it, and put it back into service. Proper bacteria testing alone takes at least two days. The reason why repair time can be even greater is if the break is located under a creek crossing, in an area where there is heavy traffic, if work is done in bad weather conditions or if a dedicated crew is not available to work immediately. Such is the case in Meridian where we are dependent on contactors to do emergency repair work. They are not always available to respond immediately to an emergency. With only one water supply main customers are without water service for as long as the water main repair takes. The water service includes not only domestic uses like cooking, cleaning, and sanitation, but fire protection and business pieces as well. With redundant supply main serving an area, two or more, a break can be isolated and water service can be maintained to most customers, so the impact of the break can be mitigated. Our recent water main breaks that we have had in the last few years have not impacted many customers, basically, because they occurred in areas where water supply was not dependent on one water main. Additionally, our recent water main breaks have occurred on relatively new pipe that was not approaching the end of its service life. A couple of additional considerations requiring redundant water supply mains promote system growth from within, which is better for efficiency of water operations and other services and requiring redundant water supply mains results in better fire flows. Finally, once we accept and take ownership of a development -- of a development's distribution system we also take ownership of the risk that we do not provide service when It's needed. If someone can't use their water for drinking, sanitation, or their business needs, they will be calling us. Regarding risks and impact of water quality problems, allowing single water mains to supply areas creates dead ends where water cannot be consumed quickly. The age of the water in a distribution system increases. This causes the following problems: Chlorine residuals drop and in summer temperatures increase, both of which increase the likelihood of bacterial growth. Iron and Manganese precipitate out of the water causing ground water. Meridian City Council November 6, 2013 Page 63 of 68 Redundant supply mains insure that water can move through areas of low demands through areas with high demands help to mitigate the risk of water quality problems caused by old water in the distribution system. Traditionally, redundant supply can mitigate the impact of water quality problems by providing flexibility for the isolation of contamination sources and for system flushing. Again, the risk is the city's. When our customers have problems with water quality they will not be calling in contractors or developers, they will be calling us. So, in order to mitigate the risk to the city and impact to our customers of a water service problem associated with supplying developments by a single water main, Public Works based our limitation to 24 service connections prior to requiring redundant water supply on Idaho administrative code requirements for redundant supply for community systems. Public Works has been applying this policy to developments for about two years now with no major issues from the development community. We feel that this is largely due to the fact that most developments occur in close proximity to others in providing multiple water connections is usually easily accomplished. Meridian Fire Department is adopting the 2012 International fire code in January, which limits development to 30 single family residences before requiring a second access for firefighting resources. This code is based on risk management considerations similar to those regarding water supply. Public Works is considering changing the limit on the number of water service connections allowed before requiring a redundant main from 24 to 30, to provide consistency for developers and still provide adequate mitigation risk and impact to the city and our customers. Additionally, if the need for a second water main connection comes with the need for a second road connection, the water main would be provided under a road, which is preferable to having a water main construction in some alternate location, which may not be a road in the future. You have seen problems with this in the past, especially with sewer mains in backyards. This is a joint department report and at this point I'd like to have Chief Palmer comment on the fire department's prospective before I stand for questions and ask for Council's action on this. Palmer: Thank you, Kyle. Madam Mayor, Members of the Council, though the two codes that we are talking about are completely separate, I think they do meld well together and as Kyle has mentioned it affords some consistency for the developers in that they don't have to remember the two different codes. The other thing that it does is it lends well to where the water mains go from a maintenance and repair standpoint, as opposed to being under an easement or right of way, it's under the street, it makes it a lot easier to access. Certainly from a firefighting standpoint for redundancy in the water supply gives us a lot better pressure and available water for multiple engines to be able to hook onto the system and we are in total support of the change that Public Works is suggesting. Radek: Thank you, Chief Palmer. For these reasons the Public Works and Fire Department both recommend that the city should limit the number of connections on a single source water main to 30 before another main is required to provide redundant supply and we ask Council to confirm this policy recommendation and I will stand for any questions. Meridian City Council November 6, 2013 Page 64 of 68 De Weerd: Thank you, Kyle. Councilman Rountree. Rountree: Madam Mayor, thank you. Kyle, I think we are going the right direction here and I know it's probably not going to sell completely, but at least we now have a standard that we can go out and we go attach to an entity that does a fair amount of risk analysis and puts it in the national standards, so I think that's a good way to go. Part of -- part of your discussion, though, I think I would eliminate and that's the part about stagnation, because that just leads one to say, well, if 30 could be stagnation, then, 130 would be better. So, I would just take that part of your discussion away. Radek: Councilman Rountree, Madam Mayor, that's an interesting point. If you have a -- if you have a 130 lot subdivision that's approved that's dead end, you could make the argument that it's better. Of course, if you approve 130 on the dead end and five get built, boy, that's a lot worse. Rountree: That's true. De Weerd: Any other comments from Council? Rountree: Madam Mayor, question for Bill. However we move forward we would need to move forward with a modification of the UDC and/or -- or is that just a policy that would be in place in Public Works and ultimately deal with the Fire Department's request for adoption of the fire code? Nary: Madam Mayor, Members of the Council, it looks like Kyle may have an opinion on it, too. They have to amend the UDC. I do think -- right now I think the intent was to make it a policy as part of both prior comments, as well as Public Works comments, but I haven't been part of the discussion on whether or not to include that in the water and sewer code section in the future as well. I don't know. Is that your intention? Radek: Madam Mayor and Councilman Rountree, yeah, it's a policy decision. I'm not -- I'm not aware of what the appropriate action Council needs to take on it. I don't believe it belongs in the UDC. We have a -- we make a lot of policy decisions everyday about what developers need to do. I think what I'm just looking for is some affirmation from the Council of, yeah, we think this is a good -- a good thing, we think staff is going down the right track here or you're way off. And we do have a -- design standards that we have developed. This will be in the design standards that we will bring before you. It's in probably 90 percent draft form and we will -- I don't know what the time line is for that, but very soon we will come before you with that for an approval, too. Nary: Madam Mayor? Madam Mayor, Members of the Council, I think as part of that direction maybe Kyle from me, from you folks, is how to make the development community understand what these changing policies are. You know, sometimes you have gotten push back from the -- because a specific developer maybe didn't recognize the policy had evolved or -- streetlights is the one that comes to mind a few years ago where we had some changes to our street light policy. So, that might be helpful, too, to Meridian City Council November 6, 2013 Page 65 of 68 just make sure we get the word out, whether it's through BCA or other means to make sure they understand where these are and have opportunity for input -- that there is opportunity for input and to have that discussion with Public Works and with you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thank you, Bill. That's what I was going to bring up is we have got to make sure that it gets out to the applicants and stuff before we start implementing it and we have got to make sure all the bases are covered, because we have had some misinformed policies or -- and we need to make sure also all of our people inside adhere to the policy. De Weerd: Okay. Rountree: So, I guess for Kyle's sake, from what I am hearing, is that we are agreeing with your recommendation in terms of a policy change, but we need some way to communicate that, so we don't get into another streetlight situation. Radek: And, Councilman Rountree and Madam Mayor, I think the design standards book is the proper way to communicate it and it would -- for lack of that design standards book being published to the development community, we have -- we have reached out to the BCA on this topic in recent weeks and -- and I think that our perhaps lack of making them aware two years ago that we started doing that, we, then, made up for that in recent weeks. Rountree: Very good. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I think another unit that you could look into is Bowmont Building Owners, the association. The ones that the developers belong to that more than they do the BCA. That's who you are going to affect more than the actual builder is the developer. Radek: Councilman Bird, thank you for that comment. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I was going to add one more point on Kyle's point on the risk management side. We have seen a slight increase in the last year of claims related to water and delivery, either the lack of delivery or we have had some brown water related to business. Many Meridian City Council November 6, 2013 Page 66 of 68 times when we get those types of calls related to residential the impact is very short and very small, but with a business if they can't operate for an entire day because of either the water delivery can't get there or there is some other impacts to the water consistent to them, that has a greater impact. So, we have seen a few claims this year because of that. Some of it was related to the road construction, so, hopefully, that won't continue, but Kyle is correct that -- I mean there definitely is a risk concern on how the water is delivered and how it -- either the quality of water as well as the delivery of water, so I just wanted to concur that that is a concern that is valid to be addressing. Bird: Thank you. De Weerd: Okay. Kyle? Radek: Oh. Madam Mayor, Council Members, what -- I guess to summarize, I'm getting -- I believe I'm getting some -- some feedback that staff is going down the right track here and we are being direct -- De Weerd: I think that's an appropriate summary. Kyle: Better communication with the development community would be appropriate. But you're not in disagreement with this -- with this particular policy as a number. Hoaglun: Madam Mayor? Kyle. Yeah. I think we just need to let folks know this is the direction we are headed and if they have a better reason why we shouldn't, then, we will listen to it, but I think there is some compelling arguments here. Radek: Madam Mayor, Council Members, thank you very much for your time. Bird: Thank you. Item 11: Future Meeting Topics De Weerd: We already visited on Item 10-B. Council, anything for consideration under Item 11 as Future Meeting Topics? Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Real quick, one topic is that on November 12th I will be out of town and not available. Just want to be sure that there will be three here to carry on. I could call in if necessary, but would rather not, but -- so -- okay. De Weerd: You're excused. Hoaglun: Thank you. Meridian City Council November 6, 2013 Page 67 of 68 De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Before we -- De Weerd: Oh, Mr. Bird. Bird: Before we do that. I would -- you know, I have had the privilege of having this done when we were elected, thanks to Charlie and Walt. I would invite the three newly elected people, when we have executive sessions to join in and at least listen, so that they are up to speed after the first of the year when they are sworn in. It was helpful to me, I hope it was helpful to you. I would offer that to them. If they want to do it they can, if they don't they don't have to. But I think we need to bring them up to speed so they could be -- and we might not have anything, but I would offer that to them. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And, Madam Mayor, Members of the Council, that -- that's fine. It wouldn't -- it doesn't violate any of the public meeting requirements to do that and I will make sure to notify all three of the -- the newly elected council members if we are having an exec session if they would want to meet or in case they weren't planning on coming up. Bird: I would appreciate that. Nary: We also try to do them before the meeting and not at the end. Bird: Yeah. De Weerd: But we will mix it up. And certainly they will be invited if they attend. Okay. Rountree: Move we adjourn. Bird: So moved. Second I mean. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:08 P.M. Meridian City Council November 6, 2013 Page 68 of 68 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TY DE WEERD &194 ATTEST: YCEt)HOLMAN, CITY ,I/ l/,� l /3 DATE APPROVED ,y city of E IDIANA, IDAHO f SEAL ti ��r111 TRE A5�4'@ Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 1, 2013 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 1, 2013 City Council Meeting ,o MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4WIAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6C PROJECT NUMBER_ ITEM TITLE: Approve Minutes of October 8, 2013 City Council Workshop Meeting MEETING NOTES 4 t, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 - ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 15, 2013 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact InfoMotes CLERKS OFFICE FINAL ACTION DATE: EMAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 15, 2013 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4WAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 22, 2013 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: INTERAGENCY AGREEMENT - ACHD Interagency Agreement with Ada County Highway District (ACHD): Roadway Construction/Water and Sewer Construction at the Intersection of Ustick Road and Locust Grove, Locust Grove to Leslie Way MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E -AA LED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C EN DIAN�- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: October 15, 2013 Mayor Tammy de Weerd City Coandl MombeHs Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION AT THE INTERSECTION OF USTICK ROAD AND LOCUST GROVE, LOCUST GROVE ROAD TO LESLIE WAY I. RECOMMENDED ACTION A. Move to: 1. Approve the Interagency Agreement for ACHD Projects 310017 and 510018 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Manager (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Ada County Highway District (ACRD) plans to expand the Ustick Road and Locust Grove Intersection, and widen Ustick Road between Locust Grove and Leslie Way. ACHD has agreed, per the attached agreement, to include City water and sewer improvements in their plans and bid documents for this project. B. Proposed Project During construction ACHD will remove septic tanks, and or wells, from the properties at 1370 E Ustick Road and 2425 E Ustick Road. To compensate the property owners, ACHD will connect these homes to the Meridian City sewer and water systems at ACHD's expense. Agreements for the extension of water and sewer services outside of Meridian City limits are in place. Page I of 2 Two additional property owners have decided they would like sewer and water stubs connected to their property to allow for future development. ACHD will install these stubs during the project with the understanding that the City will reimburse ACHD for the improvements. The property owners will pay the City for the sewer and water stub installations, if they decide to move forward with installation upon receiving final cost information. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: The impact of adding two homes onto the sewer and water system is negligible. The impact of future developments will be considered when plans for development are received. C. Fiscal Impact: None, ACHD will pay for the connections to 1370 E Ustick Road and 2425 E Ustick Road, and any other stubs or connections will be paid for by the property owners. V. TIME CONSTRAINTS ACHD plans to start construction on this project at the beginning of January 2014. City approval of this agreement is required for ACHD to install sewer and water improvements. VI. LIST OF ATTACHMENTS A. Interagency Agreement Approved for Council Agenda: 1611 3 Date Page 2 of 2 INTERAGENCY AGREEMENT FOR: n ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION INTERSECTION USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD, LOCUST GROVE ROAD TO LESLIE WAY ACHD PROJECT NOS. 310017 and 510018 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION ER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this day of 1 Aoveon),cy , 2013, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project nos. 310017 and 510018. RECITALS WHEREAS, ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as INTERSECTION USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD, LOCUST GROVE ROAD TO LESLIE WAY ("Project or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer stubs and or services, adjusting water valve boxes and manholes to grade, and correcting potable / non - potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project nos. 310017 and 510018, to be constructed pursuant to a separately -executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result Qf the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries with the exception of water and sewer services constructed to serve the properties at 1370 E Ustick Road and 2425 E Ustick Road; Page 1 of 8 n NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERDIAIN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's n share of the construction CONTRACT costs earned by and to be paid to the Contractor. Page 2 of 8 h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the n additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Page 3 of 8 Contractor, preparing change orders, general construction project oversight, and n maintaining construction project files. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN's project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one -foot (1') above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re -testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. L Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERDIAIN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims n or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. Page 4 of 8 � 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. n I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any Page 5 of 8 representations, warranties, covenants or agreements except as specifically set forth �. herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. � q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third -party beneficiary rights in any person not a party hereto. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. Page 6 of 8 ATTEST: ADA COUNTY HIGHWAY DISTRICT 77� Bruce Sar . Baker Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN ` V- B City c:fJaycee NT Holman Jo Tama Weerd HTJY City Clerk °`=t MayorIN �� STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of 2013, before me, the undersigned, personally appeared SARA M. BAKER and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , -� 1446MOW80. 41 +' RY+ % �0 k w , STATE OF IDAHO ) n ) ss. COUNTY OF ADA ) Notary PdlAc r Idaho Residing at Dl .-_ , Idaho My commission expires,l J —II Page 7 of 8 n On this (o+h _ day of P�-)nve ►-yi 6, v , 2013, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t � r No ary Public for Idaho '4 * "0 Residing at LkL( Ch C'n , Idaho My commission expires: � a h a I •r.� u OF 0000. Page 8 of 8 Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: WATER SERVICE AND APPURTENANCES EASEMENT Water Service and Appurtenances Easement with Central Valley Corporate Park Associations, Inc. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /0"\ VE IDIAN 1-�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: October 15, 2013 Mayor Tammy de Weerd City Council Nemberst Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: WATER SERVICE AND APPURTENANCES EASEMENT WITH CENTRAL VALLEY CORPORATE PARK ASSOCIATION, INC. I. RECOMMENDED ACTION A. Move to: 1. Approve the Water Service and Appurtenances Easement for the Central Valley Corporate Park Association, Inc. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Idaho Transportation Department has redesigned the I-84, Meridian Road Interchange to reduce congestion, improve safety and make way for a fourth lane on I-84. Meridian road will be widened during the project to accommodate a bike lane and wider sidewalks. The City is installing irrigated landscaping around the interchange for aesthetic purposes. B. Proposed Project To provide water for irrigation, a 4 inch service line will be extended from a main line under Progress Ave. The service line will cross a strip of land owned by the Central Valley Corporate Park Association, Inc. The President of the Central Valley Corporate Park Association has signed the attached easement to allow installation of the service and appurtenances (meter and backflow preventer) on the property. Page I of 2 /� IV. IMPACT A. Strategic Impact: The irrigated landscaping plays a key role in accomplishing the City's mission of being an attractive and inviting city. B. Service/Delivery Impact: The impact on the City water delivery system will be negligible given that the main line under Progress Ave. is 12 inches in diameter. C. Fiscal Impact: ITD and the Parks department will fund the installation of the service line. V. TIME CONSTRAINTS Execution of the attached agreement is required to provide irrigation to the landscaping along the interchange. Landscaping will be installed during the spring and summer of 2014. VI. LIST OF ATTACHMENTS , Water Service and Appurtena es Ea m t r Approved for Council Agenda: ate Page 2 of 2 ADA COUNTY RECORDER Christopher BOISE IDAHO 11/07113 01:36 I'M DEPUTY Che Fowler RECORDED -REQUEST OF II City of Meridian D. Rich AMOUNT .00 113122973 WATER SERVICE AND APPURTENANCES EASEMENT THIS INDENTURE, made this day 0 -mupAg.r.,-2013between Central Valley Corporate Park Association, Inc, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a service and appurtenances right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service and appurtenances to be provided for through an underground pipeline, underground meter vaults, and an above ground backflow preventer to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline and appurtenances from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of water service and appurtenances over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of actess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the panics to, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public 10,*N street, then, to such extent, such right-of-way and easement hereby granted which lies within such Nahas Easement Meridian IC w attorney edits 09 13 13 bottridary, thereofOt Whi b. 1 0 is.a porrifteretyf, shall ,e�Owand lK d com , " inq pletely r0l. �. Wshe' d, TO E 09 AJMTO Wdo'he of af, p� law ON, 11160toned and dose seribed � tm, crof laiij - W., tlifi: and: fimObf righ Ow ACY will. %van. ntOW416rdverdii �&nd,ihe title pit r Jaiinsma peh sons w omsoever. IN -Aid p0tie.(Wtbd fit§f-parj.ljjv&here , (Jwd4)-'arid Yor Aira 1, i6rein at7ave ONK INC E -Y ORPORAIT. PAIt A$,9001 All n lyres e f,' om AcIdi;g IISTIF:! rd ry AT ss Cool of Ada 011:16is - (N2013, _4ay cif 's Naild St, " I . 6amdRobert AV, i4,Abp$ mid'' iaotvn:Ur"iderit eti to Inc ;to W the President an rIpd !kl rp. d iiexecut4the'SaIII0. An_ IIN I have h- 014ANN6d my official sea] flie.day andy4jlr rlAabove 01RI -10 ' �-RYII �%I'j Mo Nop Residing at -\Z"\ \ C':cirittm5 is ti 44 N, ro: IC ID N.8119S Ras'enlea kievidjon IC %v- a(toniq. vdits 09 13 13 ?O"N GRANTEE: CITY OF MERIDIAN Tam- my d!47 rd, Mayor Approved By City Council On: STATE OF IDAHO ss County of Ada On this day of dpvcrvi6V, 20�_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and 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 0 first xlrwjtten year above some*** ARt. (SEAL) in v as Nahas Easement Meridian IC w attorney edits 09 13 13 T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 Idaho Transportation Department I-84, Meridian Interchange Project No. A10(939) Key No. 10939 Page 1 of 2 October 9, 2013 Assessor's Parcel No. R1343550400 Parcel ID No. 0045645 852 square feet (0.020 Acres) 20.00 FEET WIDE DESCRIPTION OF LAND FOR WATERLINE PERMANENT EASEMENT PURPOSES A parcel of land being a portion of Lot 1 l , Block 4 of CENTRAL VALLEY CORPORATE PARK NO. 6, as filed in Book 76 of Plats, at Pages 7960-7964, Records of Ada County, Idaho, located in Government Lot 3 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest Corner of Section 18 (Corner and Perpetuation & Filing Record No. 107153517); thence, along the west line of the Southwest One -Quarter of said Section 18; A) N.01°01'39"E., 2650.23 feet to the West t/4 Corner of said Section 18 (Corner Perpetuation and Filing Record No. 109101258); thence, along the north line of said Southwest One -Quarter, B) N.89°41'59"E., 2417.86 feet to the Center'/ corner of Section 18 (Corner Perpetuation & Filing Record No. 107143500); thence, along the east line of said Southwest One -Quarter, C) S.00°27'20"W., 1456.42 feet to the a point on the centerline of Interstate 84; thence, along said centerline, D) N.89°34'08"W,, 1862.32 feet; thence, leaving said centerline, E) N.00 -25'52"E., 216.75 feet to the beginning of a non -tangent curve on the future right-of-way line of I-84 and the POINT OF BEGINNING, located 216.75 feet Lt. of I-84 Centerline Station 2328+99.76; thence, along said future right-of-way line the following courses: 1) Westerly along said curve to the right, having a radius of 4429.50 feet, an are length of 19.35 feet, through a central angle of 0°15'01", and a long chord which bears N.81 -38'36"W., 19.35 feet to a point located 219.41 feet Lt. of I-84 Centerline Station 2328+80.59; thence, non -tangent from said curve, 2) N.74° 16'55"W., 1.49 feet to a point located 219.81 feet Lt. of I-84 Centerline Station 2328+79.16; thence, leaving said future right-of-way line, 0:\120118\WPfiles\40- Right-of-Way\SEP-15 Legal DescriptionsWarcel25\PE\PARCEL25 PE.doc 1 Idaho Transportation Department I-84, Meridian Interchange Project No. A10(939) Key No. 10939 Page 2 of 2 October 9, 2013 Assessor's Parcel No. RI 343550400 Parcel ID No. 0045645 852 square feet (0.020 Acres) 3) N.25°05'29"E., 45.55 feet to the north boundary of said Lot 11, Block 4, and the beginning of a non -tangent curve located 261.20 feet Lt. of I-84 Centerline Station 2328+98.16; thence, 4) Southeasterly along said curve to the left, having a radius of 210.00 feet, an arc length of 20.01 feet, through a central angle of 5°27'32", and a long chord which bears 5.64°54'31 "E. 20.00 feet to a point located 252.86 feet Lt. of I-84 Centerline Station 2329+16.34; thence, non -tangent frorn said curve, 5) S.25°05'29"W., 39.74 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 852 square feet (0.020 Acres), more or less. SUBJECT TO: Record documents. Parcel limits extend from I-84Centerline Station 2328+79.16 to 2329+16.34. GA120118\WPfiles\40- Right-of-Way\SEP-15 Legal Descriptions\Parcel25\PL\PARCEL25 PE.doc r' 0 J OF Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: STREET LIGHT AGREEMENT WITH CITADEL SELF STORAGE LLC Agreement with Citadel Self Storage, LLC for Street Light Installation Along Chinden Boulevard MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE:]EUMLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C E IDIAN16�-e Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: October 21, 2013 Mayor Tammy de Weerd City Council Memberjs Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR STREET LIGHT INSTALLATION ALONG CHINDEN BOULEVARD WITH CITADEL SELF STORAGE, LLC I. RECOMMENDED ACTION A. Move to: 1. Approve the attached Agreement for Streetlight Installation 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backizround Citadel Self Storage, LLC has agreed to install streetlights along Chinden Boulevard as required by the 2010 City of Meridian Improvement Standards for Street Lighting. However, the Idaho Transportation Department (ITD) will not allow street lights to be installed on a state highway without an approved lighting plan. The City is in the process of developing a plan for ITD to approve. The attached agreement was created to allow Citadel Storage to obtain their Certificate of Occupancy prior to a plan being approved by ITD. The agreement states that Citadel Self Storage will install up to three street lights, in accordance with City and ITD standards, once a lighting plan has been approved by ITD. IV. IMPACT A. Strategic Impact: The ability to install and maintain street lighting is an important component of the City's mission to continue being a safe, attractive, and inviting community. Page I of 2 B. Service/Delivery Impact: By installing streetlights along Chinden Boulevard driver and pedestrian safety and comfort will be improved. C. Fiscal Impact: Citadel Storage, LLC will pay for the procurement and installation of the street lights. Therefore, there will be no capital cost to the City for the installation of these lights. V. TIME CONSTRAINTS Execution of the attached agreement is required to ensure Citadel Self Storage will install street lights once a plan has been approved by ITD. VI. LIST OF ATTACHMENTS Agreement for Streetlight st-elation long/Chinden Boulevard at Citadel Self Storage Approved for Council Agenda: i Date Page 2 of 2 AGREEMENT FOR STREETLIGHT INSTALLATION ALONG CHINDEN BOULEVARD AT CITADEL SELF STORAGE THIS AGREEMENT for streetlight installation, made this 41~day of .2013 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Citadel Storage, LLC, an Idaho limited liability company located at 6295 N. Saguaro Hills Ave, Meridian, ID 83642 (hereinafter "Citadel"). WHEREAS, Citadel has received approval from the City of Meridian to construct a self - storage facility at 875 E. Chinden Boulevard, Ada County Parcel No. 50530121000 as legally described on Exhibit A, attached hereto and incorporated herein; and, WHEREAS, Citidel is currently unable to install streetlights in accordance with the City of Meridian Improvement Standards for Street Lighting (Improvement Standards), because ITD must approve a street lighting plan for Chinden Boulevard, produced by the city, prior to installation of lights along the state highway; and, WHEREAS, once the City gains approval from ITD for installation of streetlights along Chinden Boulevard, Citidel will be notified of the approval and informed of any additional requirements that result from the agreement with ITD. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Citadel shall install up to three (3) single head street light poles (with poles no taller than 30% concrete pole bases, fixtures, bulbs, and components (Hereinafter "Street Light Equipment") in accordance with the Improvement Standards and the ITD approved lighting plan, along the frontage of the Citadel Self Storage facility. 2. The Street Light Equipment shall be placed along the frontage of the property on the south side of Chinden Blvd. 3. Citadel shall be responsible for the procurement and installation of the Street Light Equipment. Citadel shall also be responsible for the installation of conduit and power cable associated with the street lights to be installed along the property frontage. The power and power connection is to be provided by others. 4. Citadel shall be required to procure and install the Street Light Equipment only after the City of Meridian obtains Idaho Transportation Department approval for their installation along Chinden Blvd. Citadel shall install the required Street Light Equipment within one year of receiving notice of approval. 5. In the event that Citadel fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, City shall be entitled to all remedies available at law or in equity. r1 6. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. 7. This Agreement shall expire ten (10) years from the date of this Agreement first written above and will no longer be in full force or effect. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Citadel of Citadel's Property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written CITADEL STORAGE, LLC Citadel Storage, LLC an Idaho limited liability company By. �— J Centers Its: Managing Member STATE OF IDAHO County of Ada On this 4-1 10 day of , 20 f ,'�, before me, the undersigned, a notary public, personally appeared Jake Centers, known or identified to me to be the manager or a member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A it`IV P# ,LIC `p� j� ® ®® NOTARY P LIC FO IDAHO . SOE�ALL) Residing at: Commission Expires: �� ®®� LAURINA RIETZE () i� ` RESIDING AT BOISE, IDAHO ,,,,,®� MY cOMMISSION EXPIRES 12/28/2015 CITY OF MERIDIAN Tammy de rd, Mayor Attest bCLAycee L. Holman, City Clerk Approved By City Council On:�� STATE OF IDAHO ) ) ss County of Ada ) r SEAL 00 rjr 4p b On this orb day of IIAW01bev 20_1.3. before me, the undersigned, a Notary Public in,and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. JO zx 'tea* TA. A ARY PUBLIC 1`611 IDAHO ' (SEAL) Residing at: 10moi1 C= < Commission Expires: L(, �nl� 0V EXHIBIT A Legal description w FE Exhibit A—Legal Description �tJF�'.i '•`�'S�(i.',15•,'W 11l •'.' 7VwTE��3 LLC •-rl �l .''��II"r�' �1'i,'r,�V�,-�I'V'7'It�GY��N�it��t�µ ' ' , Y •' , Nin��bt ton - - '',',, i''r,' .i, )c+;�'tl�;t ,t ''. ,'l f•. '(t'!"O �NOA 7+�"'�a"r"`Y{, ' '' ' ki„ Clty a(Metidian, Atla ' C Et �Nf a�t 'f iiiU, r# 's A,mh1lcmq the Nilo come( of 00 dOn 00; NO5jf,. ,W 17p north the oy said NWtld,af tha NMA Ar.Se�klOn fib, >� dist�nca oei: t{ ►; ,S tub 'f z h, Axaids, 471i 00 r401 to 4 (Dow mr ro aricar ii 67t;, ' '. �. �;he}J�' R�i ��'�gi�p�'�ai�d�dglw{Ih ifin n�3th {(nu of aa� t•li��tapter �ubulvtelorF, 6o3:�'fae� � � Cbund j'' t{19�rd,alFiq{L'� Mod tl'{ sv�a rr)e, gala rfw fry of W �IEira ar seatt6no; :';; •� •�'tj�t' N'` j'i�"-�`�;�f^ +1� �t �" 'n ` ons with �(a vraat )inp of t{�e NWt�,f�pf tfie N�91tf or so-�tEon qb, H c�Al�n�e pf • . t 1 1 � . 'i IN F ��atNi s±�rvve, a`c f o r n* ams mora or Iar,s; ` ''C,60{`ar34ifh ri , liar net t6'c"yef►a►i* i$soMon4 Zino resWOdiM bftdi W. ` .1 Citadel Self -Storage Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: APPROVAL OF BID AWARD FOR WELL 21 Approval of Bid Award and Equipment Contract for "Well 21 Iron and Manganese Removal Equipment" to Tonka Water for the Not -To -Exceed amount of $258,720.00 MEETING NOTES _. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 10/30/13 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6 City Council Consent Agenda for Council's consideration. Approval of Bid Award and Equipment Contract for "Well 21 Iron and Manganese Removal Equipment" to Tonka Water for the Not -To Exceed amount of $258.720.00. Recommended Council Action: Approval of Award of Bid, and Equipment Contract to Tonka Water for the Not -To -Exceed amount of $258,720.00. Thank you for your consideration. 0 Page 1 �E I DIAN�-- Public IDAHO Works Department TO: Purchasing FROM: Clint Worthington, Staff Engineer II DATE: October 29, 2013 Mayor Tammy de Weerd City Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR THE SUPPLY OF WELL 21 IRON AND MANGANESE REMOVAL EQUIPMENT WITH TONKA WATER FOR A NOT -TO -EXCEED AMOUNT OF $258,720. I. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-0349 Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Back round This project was initiated to begin the process of mitigating brown water in the water system by improving the water quality supplied by Well 21. When adequate chlorine residuals are provided for disinfection in the distribution system, Iron and Manganese precipitate into the supply water resulting in brown or black water coloration. Although there are no known health threats from these elements, they can cause staining on plumbing fixtures, laundry and cause unpleasant taste and smell. The primary purpose and justification for this project is to improve customer satisfaction by reducing water quality issues created by Iron and Manganese precipitation in our water supply. The project consists of constructing an Iron and Manganese Filter to remove excess levels of the constituents from supply water before entering the distribution system. Well 21 was selected as the highest priority well for treatment because it contains high levels of Iron and Manganese and is a major supplier to the City's largest pressure zone (zone 2). B. Proposed Project Page.1 of 2 This part of the proposed project is for the procurement of the iron and manganese filtration equipment. The City put out an RFP to filter suppliers and Tonka water was selected as the preferred supplier. The design portion of the project is dependent on the selection and approval of the filtration equipment. III. IMPACT A. Strate igic Impact: This project supports the Public Works Mission and Vision for enhancing and protecting water quality. B. Service/Delivery Impact: This project will improve the water quality delivered to our customers and allow us to maintain stable disinfectant residuals throughout the water system. C. Fiscal Impact: Project Costs Well 21 Treatment Equipment $258,720 Project Funding Well 21 Water Treatment Construction (60-3490-96121) Includes Design and Building Construction $1,000,000 IV. TIME CONSTRAINTS Council approval will allow this project to begin the design portion of the treatment facility and allow us to complete construction by the end of FY 2014. Approved for Council Agenda:,, - % r Dat6 Page 2 of 2 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 10/30/2013 REQUESTING DEPARTMENT Public Works - Engr 60 Department: 3490 GL Account: 96121 Project # 10340e Construction: Equipment PSA: Task Order: Project Name: WELL 21 IRON AND MANGANESE REMOVAL EQUIPMENT Project Manager: Clint Worthington Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes IA/111 L,- _-_!t _____ t:___, ___ _...I .. Department Representative: CH2MHill Contract Amount: $258,720.00 n/a 10 Day Waiting Period Complete: PW License # n/a Yes - 11/3/13 Current? (attach printout) Corporation Status (Attach Print Out): n/a Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Date Award Posted: n/a Rating: October 25, 2013 Rating: If yes, has policy been purchased? n/a D,+-�ubmitted to Clerk for Agenda: October 30, 2013 Approved by Council I. urchase Order No. Date Issued: Issue Notice of Award: Date: Correct Category? n/a /'\ AGREEMENT FOR THE SUPPLY OF WELL 21 IRON AND MANGANESE REMOVAL EQUIPMENT PROJECT #10340e THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 6T" day of November, 2013, 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 Tonka Water, hereinafter referred to as "SUPPLIER", whose business address is 13305 Watertower Circle, Plymouth, MN 55441. INTRODUCTION Whereas, the City has a need for IRON AND MANGANESE REMOVAL EQUIPMENT; 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 1. 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 Request for Proposals titled "Well 21 Iron & Manganese Removal Equipment" and suppliers proposal dated September 30, 2013, 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 are in effect at the time of performance of this Agreement. Well 21 Iron and Manganese removal Equipment — page 1 of 10 u 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 $258,720. 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: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, Well 21 Iron and Manganese removal Equipment — page 2 of 10 11� 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, SUPPLIER shall not be relieved of liabilityto 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. 11� Well 21 Iron and Manganese removal Equipment — page 3 of 10 6. Indemnification and Insurance: 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 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, Professional 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 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. Well 21 Iron and Manganese removal Equipment — page 4 of 10 11' 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. 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 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 for two (2) years against defects in workmanship and materials from the notice of acceptance. 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@meridiancity.org /�*N Well 21 Iron and Manganese removal Equipment — page 5 of 10 /-*N Tonka Water Attn: Alan Schneider 13305 Watertower Circle Plvmount, MN 55441 Ph. (763) 252-0893 e-mail: aschneider@)tonkawater.com 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 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. 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. 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 Well 21 Iron and Manganese removal Equipment — page 6 of 10 n 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: 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 n 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. 18. 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. 19. 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. Well 21 Iron and Manganese removal Equipment — page 7 of 10 /-N 20. 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. 21. 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. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN Y: -D MAYOR D. Approved by City Council: // ' aw City anni ph h��T i�• if' NN it AHD CITY C K SEAL `0H b 4 Purchasingpa m ntApproval BY: / /'d� Keith tts, Purcha rng Manager Dated: Well 21 Iron and Manganese removal Equipment TONKAXATER WARNER, EXEC. VP Dated: 1a/3o js Approved as to Form CITY ATTORNEY Public Approval BY: v Warren Stewart, City Engineer Dated: i0 z - r 3 — page 8 of 10 /"*N Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PW -13-10340e, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #PW-13-10340e,and written proposal by Alan Schneider dated September 30, 2013 are by this reference made a part hereof. Well 21 Iron and Manganese removal Equipment — page 9 of 10 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $258,720.00. Well 21 Iron and Manganese removal Equipment — page 10 of 10 lift 777� DESCRIPTION DATE PAYMENT A Written Approval of Drawings (+/- 5 days) (submission of detailed s stem desi n must be submitted by 11/20/2013 12/8/2013 $51,744 B. Receipt of Equipment (+/- 10 days) 8/11/2013 $155,232 C. Final Acceptance of project (+/- 30 days) 1/23/2015 $51,744 Total Base Bid .......... $232,080.00 Bid Alternate (Simul-Wash System) ........... $26,640.00 CONTRACT TOTAL ....................... $258,720.00 Well 21 Iron and Manganese removal Equipment — page 10 of 10 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3490 - Water Construction Projects 60 - Enterprise Fund �.� From 10/1/2013 Through 9/30/2014 Capital Outlay 96121 WELL #21 CONSTRUCTION Carr... Carryforward Total Capital Outlay TOTAL EXPENDITURES W Budget with Amendments Current Year Actual Percent of Budget Budget Remaining Remaining 1,000,292.16 0.00 1,000,292.16 100.00% 1, 000, 292. 16 0.00 1,000,292.16 100.00°% 1,000,292.16 0.00 1,000,292.16 100.00% Date: 10/30/13 02:02:41 PM Page: 1 /1-S\ ll� O 0 C) CD 0 00 0 0 0 cvi 6 C6 Lf) co C� Ci Cl) • or E t c a+ (S a) 0 � v � c .� o O O o c 4) c m m o. 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LL ++ O y Q U m y„ o'' W O Q T o CUE n c m Y a y N f0 0 '�° 3 E 2CD o Y n..,cr r- r 3 cr c co.0 v O c0mcu w E Er 7 a C m O V _ ccr 0 ink C L+r+ mt CL N CL 4) a M c w N d C j .c cm fV y N CLL v v Y a .V E C d C J c Y E r �o := a >+ C c a v C`• Lm U 3E N t @ 3: 3 c E v o C w O 44) E 0 m" s � a W, W� c c Yo D o c a) E 20 u N N v .. 0 as w cr c N G a �o w ar C y N CL v C E 3 m L a m m �, 44) o W m u E. y N E. mc C t V �� 7 wco u u 8=W N. 3m vWi m z G u3•0/ Y = t6 a) mE 'oc a) — " w c °,nom° LL E _ W W 3 �Q ma) v w o .3 a) w m o o U LL N Q 'j. N N> L.. CLU . N v w CA C C CL Z C O r E N N h L H O U C O af°i _ d . °m �� Z ui a`aov►2 am rl W City of Meridian i RFP NAME: WELL 21 IRON &MANGANESE REMOVAL EQUIPMENT DUE DATE &TIME: SEPTEMBER 30, 2013 4:00 RFQ NUMBER: PW -1310458E I j Possible VENDOR Points Rater TONKAWATER 1 1 2 3 4 5 6 7 Hungergord & Terry, Inc. I 1 2 3 4 5 6 7 j Criteria emonstrat competence in the performance of the type of work to be provided. 5 5 4.5 4.5 4.5 4.5 4 4 5 4 4.5 4 4.5 $ 4.5 The na ure, qua , an relevance of recently completed work, including meeting schedules and deadlines 10 8 8 7 8 8 8 8 8 8 8 8 7 10 9 e a qtyrespon en o perform the scope of work within a reasonable time frame. 10 8 8 8 1 8 8 8 7 8 8 8 8 9 10 8 ze o zon oo p n o filter units and accessory equipment (determines size of facility to house proposers equipment). 15 12 13 13.5 13 12 15 13.5 12 12 12 12 10.5 14 13.5 ac as wa er quan (daily) and flow rate. Values for average, minimum and maximum. (waste water requirements) 15 14 13 13.5 13 12 13 12 13 7.5 12 7.5 10.5 14 12 Equipment electrical requirements, 15 13 14 13.5 14 10.5 15 12 12 13 10.5 13 10.5 15 12 Level (description) of classroom training, onsite training, and post -sales support that will be provided as part of the initial contract. 10 8 9 9.5 9 ' 8 8 9 7 8 7 8 8 10 7 Projected typical equipment operating and maintenance costs (electrical, chemical feed rates, media replacement, etc.) 15 13 14 13.5 14 12 15 13.5 10 7.5 13.5 7.5 7.5 14 12 Cost 5 5 5 5 5 5 5 5 4 4 4 4 4 4 4 Totals 100 86 88.5 88i 88.5 80 91 84 79 72 79.5 72 71.5 9s 82 606 552 AVERAGE 86.57 78.86 Selection 1 2 Rater 1 Glint Worthington Rater 2 Brent Blake Rater 3 Dennis Teller Rater 4 Josh Rater 5 Perrin Robinson Rater 6 Lee Odell Rater 7 John Wiskus � Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: T.0.10371a-D WELL 22 AQUIFER CONDITIONG AND PILOT TEST Approval of Task Order 10371 a -D for "Well 22 Aquifer Conditioning and Pilot Test" to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $199,440.00 MEETING NOTES of , Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle radek Date: 10/31/13 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6 City Council Consent Agenda for Council's consideration. Approval of Task Order 10371a -D for "Well 22 Aquifer Conditioning Pilot Test" to GSI Water Solutions. Inc. in the Not -To -Exceed amount of $199,440.00. This Task Order is written against the current Master Agreement between the parties. Recommended Council Action: Approval of Task Order 10371a -D to GSI Water Solutions, Inc. for the Not -To -Exceed amount of $199,440.00. Thank you for your consideration. • Page 1 EN DIAN�- � IDAHO Public TO: Keith Watts FROM: Kyle Radek DATE: 10/3/13 Mayor Tammy de Weerd Chy Coaneii Membem Helth Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Project Information; Task Order GSI -10371a -D with GSI Water Solutions, Inc. for Phase 3: Well 22 Pilot Testing, for a not -to -exceed amount of $199,440. This Task Order would be pursuant to the Master Agreement dated December 6, 2011. 1. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 11. DESCRIPTION 489-0343 489-0350 489-0372 A. Background The City recently completed the second phase of an effort to determine the feasibility of using a technique, known as aquifer conditioning, to treat iron and manganese at Wells 18 and 22. This task order encompasses the work required to complete the third phase of the feasibility study. The third phase is to perform pilot testing to determine if the process works as predicted in previous phases. Phase 1: Geochemical Feasibility Assessment (completed) Phase 2: Pilot Test Design (completed) Phase 3: Pilot Testing (current scope) B. Proposed Project This project is the final phase of the overall effort for Well 22. Oxidized water from select wells will be injected into Well 22, stored, and retrieved. Additional water will be extracted from Well 22 beyond that which was injected to determine if the desired effect of conditioning the aquifer will work as predicted in earlier phases of the project. III. IMPACT �1 A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our Page 1 of 2 l PublicE IDIAN16�,-v Works Department H. W TO: Keith Watts FROM: Kyle Radek DATE: 10/3/13 Mayor Tammy de Weerd City Council Membe"s Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Project Information; Task Order GSI -10371a -D with GSI Water Solutions, Inc. for Phase 3: Well 22 Pilot Testing, for a not -to -exceed amount of $199,440. This Task Order would be pursuant to the Master Agreement dated December 6, 2011. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 DESCRIPTION A. Background The City recently completed the second phase of an effort to determine the feasibility of using a technique, known as aquifer conditioning, to treat iron and manganese at Wells 18 and 22. This task order encompasses the work required to complete the third phase of the feasibility study. The third phase is to perform pilot testing to determine if the process works as predicted in previous phases. Phase 1: Geochemical Feasibility Assessment (completed) Phase 2: Pilot Test Design (completed) Phase 3: Pilot Testing (current scope) B. Proposed Project This project is the final phase of the overall effort for Well 22. Oxidized water from select wells will be injected into Well 22, stored, and retrieved. Additional water will be extracted from Well 22 beyond that which was injected to determine if the desired effect of conditioning the aquifer will work as predicted in earlier phases of the project. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our Page l of 2 growing community and ensure modern reliable facilities while maintaining financial stewardship. This project is directed at our efforts to enhance and protect water quality and is a one of our primary strategies for addressing brown water caused by iron and manganese. B. Fiscal Impact: Project Costs Phase 3: Well 22 Pilot Testing Project Funding Consulting (60-3200-55090) Approved for Council Agenda: ?011 Page 2 of 2 $199,440 $200,000 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 10/31/2013 REQUESTING DEPARTMENT PW - F1Y(;IMFFR11U(. ?"id: 60 Department Construction: 3200 GL Account: PSA: 55090 Project # Task Order: Project Name: WEKK 22 AQUIFER CONDITIONING PILOT TEST Project Manager: Kyle Radek Department Representative: n/a Contractor/Consultant/Design Engineer: GSI Water Solutions, Inc. Budget Available (Attach Report): Yes Contract Amount: $199,440.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: FY14 Enhancement #: 16 Grant #: Other: Type of Grant: BASIS OF AWARD Low Bidder Highest Rated "_'(Bid Results Attached) (Ratings Attached) Kcal Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: n/a PW License # n/a Corporation Status (Attach Print Out) Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X 10371a -D Master Agreement X (Category) 6A Date Award Posted: n/a Current? (attach print out) n/a Current Correct Category? Yes Rating: n/a Rating: n/a If yes, has policy been purchased? n/a DalriSubmitted to Clerk for Agenda: October 31, 2013 Approved by Council 1, ��lurchase Order No. Date Issued: Issue Notice of Award: Date: City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3200 - PW - Admin 60 - Enterprise Fund From 10/1/2013 Through 9/30/2014 /� Budget with Current Year Amendments Actual Percent of Budget Budget Remaining Remaining 260,000.04 OPERATING COSTS 55090 Professional Svc - PW Water 0000 NON -DEPARTMENTAL 0759b -D Well Monitoring and 0.00 Testing 2013 10327 E -Builder 10371 Aquifer Conditioning and (4,700.00) ASR Feasibility at Wells 200,000.04 18 22 & 23 Carr... Carryforward _ 310,798 56 Total OPERATING COSTS 310.798 56 TOTAL EXPENDITURES /� Budget with Current Year Amendments Actual Percent of Budget Budget Remaining Remaining 260,000.04 0.00 260,000.04 100.00% 0.00 100.00 (100.00) 0.00% 0.00 100,000.00 (100,000.00) 0.00% 0.00 4,700.00 (4,700.00) 0.00% 200,000.04 0.00 200,000.04 100.00% _ 310,798 56 0.00 310.798 56 100.00% 770,798.64 104,800.00 665,998.64 86.40% 770,798.64 104,800.00 665,998.64 86.40% Date: 10/31/13 02:18:53 P14 Page: 1 1 \ to 0 0 0 0 0 N 69 0 0 0 0 0 N t» ' m E N CL L 0 L 0 gy u c � U c � �w o n .a c L 0 o .E � o L) � C � � m m aro U � O U j U C m m c M m a) E 5 'U ro a� O1 aY N Q a L) N C c a nj wt C or3a) O O r 0 w a = O :3fA a) •p o Z C 0 y O O Q) C *L•' 7 VU a) U U 0) ca .a C � U O � C L w N C c u cn a) OC 3 r 0 C LO v a u O 4_ r C N N ..7� t W R a ex 0 EL o o 0 E N =o � COL F NC u •O L C 0) a tz 0 3 r c 0) u ~ m 0 N O 7 O C N N o Qj E ar a, c 5 N E 5 r 3 a, : o m L 3 YY 3 C m u ct �caa c u o 3 m m a) E v N C C QI 0 E ate. la (a OE i o vy C 2 o 0 u u w v o v > w a a v w C•w v +' j O L O r- •- c o c v 0 r c0 E ol 'O m L O m :L- 3 Y o Y0 0 o c Y N CL N N - 7 C to m o c 'N c C O No D O la �( u N E O u N .0 E C N N Y C u N o tw m C io+ yam.. 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Q 0 0 a) L v oo a O H •; E N aooat N ° a E c o 0 0 0 CL Y a w Kj c O' LD a) O E CL a ro E cncn 3 m w a) c ro m 0 0 i? "v N ID a 0 c m 0 a) L 0 N v m m 0 O E m �q J a) ti C D a) W N L D c w LL �3 •y a L O y 2 c C,4 w N N :o 0 C a) CL m O c a) E .I -- Mn Mn a E U ca m a) O m a) N Q d j N 0 a 'm0 a C 4- O E C) ro U a. o E mm0 L co ca am) E E a) o Y Z; LLca M .a .o •3 C C N A la y 0a C m O �, t u i L w E m wo >+ } C u U a) y M �O G E v CL Y m C Y L c w al o E v 3 c 3 0 u of t v � � N L vi v o o Y Y 3 N O u N N � Y C y � c v v •o � o CL > 0 N •� o N E y N Q O N � y i o- t. E V t 3 m 3 v m •ti L � >u CL 3 u oM o C _ m 3 3 3 C E Y O - Q! u 0 3 O L Y y c iu ri O C O C a 4- U N O � s c L � o Y N C v y m E Eo 7 a �L6 O O $ a� CL r= to Z c m fa 0y L W u O u CL C w c a) CL a)v US L a) a) a) O .n C •p 'T a) ro > NE Cl � o v a� a (/0 7 E o .r- 0) L C o c m m 3 N N 7 Q �0 N U 8'0 '0 a) ED n •� c m C � 7 U w' a)a) _N .E m a s a) 3 aromi °) o. .a CL CL a. CLm d• V= PF Loll v 'o CL N L Y 0 ar a tw C C O c .3 r e Ln a) C 0 a) .n l�0 c N E a Cr N a) 78 a) C m 0 7 0 c a) E 0 C m c M N 0 0 a) fl. CL 7 N Z .3 cc m C_ LL a) IDAHO SECRETARY OF STATE Viewing Business Entity [ New Search ] [ Back to Summary ] GSI TER SOLUTIONS, INC. 55 SW YAMHILL ST STE 400 PORTLAND, OR 97204 i Ben Ysursa, Secretary of State Type of Business: ASSUMED BUSINESS NAME Status: CURRENT, CURRENT 22 Feb 2007 State of Origin: IDAHO Date of 22 Feb 2007 Origination/Authorization: File Number: D108494 Filed 22 Feb 2007 ORIGINAL FILING Idaho Secretary of State's Main Page [ Heir) Me Print/View TIFF ] 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 http://www.accessidaho.org/public/sos/corp/D 108494.htm1 10/31/2013 n TASK ORDER NO. GSI -1 0371 a -D Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND GSI WATER SOLUTIONS, INC. (HYDROGEOLOGIST) (.4 This Task Order is made this +2tday of November, 2013 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", and accepted by (GSI WATER SOLUTIONS INC.), hereinafter referred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 6a) between the above mentioned parties dated December 6, 2011 The Project Name for this Task Order GSI -10371 a -D is as follows: CITY OF MERIDIAN Phase 3: Well 22 Aquifer Conditioning Pilot Test PROJECT UNDERSTANDING The City has completed two phases of aquifer conditioning work for the purpose of evaluating the potential for aquifer conditioning to mitigate iron and manganese concentrations in wells 18 and 22. That work has produced a geochemical feasibility assessment and a pilot test approach and design. The work to -date indicates a strong potential for aquifer conditioning to be effective, and the City will proceed with a pilot test at Well 22 as the next phase of the Feasibility Study. SCOPE OF WORD Task 1 — Kickoff Meeting, Develop Observation Network, Baseline Monitoring GSI and its subcontractors (CH2M HILL and Murray Smith and Associates) will hold a kickoff meeting to review protocols, sample collection and handling procedures, review the observation network, and establish monitoring protocols. The GSI team will collect baseline (pre-test) water level information to establish pre-test antecedent trends. GSI will coordinate with the City of Meridian to identify a monitoring well network required for the injection permits associated with Well 22: it is anticipated that this will consist of up to four wells in addition to Well 22. Phase 3: Well 22 ASR Pilot Testing Page 1 of B GS! Water Solutions Inc. /*"\ 11 \ Task 1 includes fourteen rounds of water level measurements (one manual measurement per day for fourteen days) in a total of four monitoring wells in addition to Well 22. The delivery system will be backflushed as part of this task. CH2M HILL will measure field parameters during two site visits while backflushing is taking place (temperature, pH, specific conductance, dissolved oxygen, and oxidation/reduction potential). Two water system samples will also be collected during the backflushing events. Where possible, CH2M HILL will also measure field parameters at each of the four monitoring wells. Budget: $18,950 to complete Task 1. Deliverables: Water level, water quality, and field water quality parameter data Schedule: Baseline monitoring is estimated to require 1 week to complete. Backflushing will occur prior to baseline monitoring according to the City's preferred schedule. Task 2: ASR Cycle 1 This scope of work includes four ASR cycle tests. The first three will be conducted with uniform rates and duration to assess trends in recovery efficiency. The fourth cycle will extend to a longer duration to assess the effects of heterogeneity on operational -scale ASR operations. The first ASR cycle will consist of one day of recharge (injection) at Well 22 followed by a 24- hour storage period, then seven days of recovery (pumping). The GSI team will collect eight water quality samples, monitor field parameters at Well 22, and measure water levels at the observation wells. Groundwater samples will be collected according to this schedule: Recharge 1 1 GC, 1 FS Recovery I 4 GC, 2 FS Note: Field parameters will be measured daily during thl collected. Field Parameters: Temperature, pH, DO, EC, and/or ORP GC = Geochemical Suite FS = Full Suite: GC plus DBPs, plus Misc. DBP = Disinfection by-products first three cycles, and coincident with each sample Water level monitoring will be conducted according to the following schedule: Cycles 1, 2, and 3 Phase 3: Well 22 ASR Pilot Testing Page 2 of 6 GSI Water Solutions Inc. 7 -day Baseline Period ASR Well Observation Wells Continuous Electronic, Recharge Manual Daily Excluding Continuous Electronic, Manual Daily Twice Daily Weekends Phase 3: Well 22 ASR Pilot Testing Page 2 of 6 GSI Water Solutions Inc. Continuous Electronic, Storage Manual Daily Excluding Continuous Electronic, Weekends Manual Daily Once Daily Continuous Electronic, Recovery Manual Daily Excluding Continuous Electronic, Weekends Manual Daily Once Baily, Excluding Weekends Note: Continuous electronic measurements will have a maximum frequency of 1 hour Note: Manual Measurements Only at Observation Wells After cycle 1 is complete, there will be a three week period to receive and review recovered water analytical results and make recommendations for subsequent cycles if warranted. GSI will subcontract field and geochemical validation services. Budget: Task 2 is estimated to require $31,920 to complete. Deliverables: ASR Cycle Test, and potability assessment of recovered water. Schedule: Task 2 is estimated to require between 4 and 5 weeks to complete. Task 3: ASR Cycle 2 The second ASR cycle will be conducted with the same schedule as Cycle 1, though with a slightly reduced level of supervision and laboratory analysis. The GSI team will collect six n water quality samples, monitor field parameters at Well 22, and measure water levels at the observation wells. Groundwater samples will be collected according to this schedule: Cycle 213 Recharge 1 1 GC,1 FS I Kecovery 1 2 GC, 2 FS Note: Field parameters will be measured daily during the first three cycles, and coincident with each sample collected. Field Parameters: Temperature, pH, DO, EC, and/or ORP GC = Geochemical Suite FS = Full Suite: GC plus DSPs, plus Misc. DBP = Disinfection by-products Water level monitoring will occur according to the same schedule outlined in Task 1. Budget: Task 3 is estimated to require $21,480 to complete. Deliverables: Second ASR Cycle Test and resulting data. Schedule: Task 3 is estimated to require approximately 7 days to complete. Phase 3: Well 22 ASR Pilot Testing Page 3 of s GSI Water Solutions Inc. Task 4: ASR Cycle 3 The third ASR will replicate the second in schedule, water quality monitoring; and field supervision. Budget: Task 4 is estimated to require $21,480 to complete. Deliverables: Third ASR Cycle Test and resulting data. Schedule: Task 4 is estimated to require approximately 7 days to complete. Task 5: ASR Cycle 4 The fourth ASR cycle will consist of up to thirteen (13) weeks of recharge, approximately 30 days of storage, and GSI will monitor recovery for up to 13 weeks (approximate). Eleven water samples will be collected according to the following schedule: Water level monitoring will occur according to the following schedule. Cycle 4 Cycle 4 Recharge 3 GC, 1 FS Storage 1 FS Recovery 4 GC, 2 FS Water level monitoring will occur according to the following schedule. Cycle 4 Note: Continuous electronic measurements will have a maximum frequency of 1 hour Note: Manual Measurements Only at Observation Wells Budget: Task 5 is estimated to require $63,970 to complete. Deliverables: Fourth operational -scale ASR Cycle Test and resulting data. Schedule: Task 5 is estimated to require approximately 30 weeks to complete. Phase 3: Well 22 ASR Pilot Testing Page 4 of 6 GSI Water Solutions Inc. 3 -day Baseline Period ASR Well Observation Wells Recharge Continuous Electronic, Continuous Electronic, Manual Three Times Daily Week 1, Then Three Manual Once Weekly Times Weekly Storage Continuous Electronic, Continuous Electronic, Once Weekly Manual 3 Times Weekly Manual Twice Weekly Recovery Continuous Electronic, Continuous Electronic, Twice Weekly Manual Twice Weekly Manual Twice Weekly Note: Continuous electronic measurements will have a maximum frequency of 1 hour Note: Manual Measurements Only at Observation Wells Budget: Task 5 is estimated to require $63,970 to complete. Deliverables: Fourth operational -scale ASR Cycle Test and resulting data. Schedule: Task 5 is estimated to require approximately 30 weeks to complete. Phase 3: Well 22 ASR Pilot Testing Page 4 of 6 GSI Water Solutions Inc. Task 6: Reporting and Task Order Management GSI will prepare a pilot test report analyzing the Phase 3 results. This report will include analysis of hydraulic response, geochemical results, and recommendations for long term operations. Budget: Task 6 Is estimated to require $41,640 to complete. Deliverables: Fourth operational -scale ASR Cycle Test and resulting data. Schedule: Task 6 is estimated to require approximately 8 to 10 weeks to complete. ASSUMPTIONS • Four observation wells will be available for use during Well 22 pilot testing. • No continuous monitoring equipment is available in the observation network. • Continuous access for staff and equipment is available at selected observation wells. • Hydraulic and geochemical response is good and no additional diagnostic effort is necessary. • Recharge equipment works as expected and no air -binding occurs. • Backflush during recharge is not necessary. • Water can be disposed of to -waste with no permitting � TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 13 2013 resulting in Final Report being completed by November 30 2014. A NTP issued on a different date will change the schedule accordingly. Phase 3: Well 22 ASR Pilot Testing Page 5 of 6 GSI Water Solutions Inc. COMPENSATION AND COMPLETION SCHEDULE.' ask Description Due Date Compensation 7 Baseline ■ November 13, 2013 • $18,950 ■ $31,920 ■ $21,480 . $21,480 2 Cycle 1 • November 29, 2013 3, Cycle 2 ■ December 11, 2013 4 Cycle 3 December 20,2013- 5 Cycle 4 ■September 26, 2014 ■ $63,970 X $41,640 6 Report November 30, 2014 TASK ORDER TOTAL: $199,440 Phase 3: Well 22 ASR Pilot Testing Page 5 of 6 GSI Water Solutions Inc. /� The Not -To -Exceed amount to complete all services listed above for this Task Order No. GSI- 10371 a -D is $199,440 dollars ($199,440). 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, The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. GSI WATER SOLUTIONS, INC. PHIL BROWN, PRINCIPAD DEOLOGIST Dated: I 1 11 -(0 ' i! Dated: L'> 3 i, Zc� ► 3 Approved by Council: G , zz / ;S fl�4i0 hU� L, A ity o: ,.e 4 -4E TDIIAN�- ussxo- : �f{ SUIL �tr Purchasing ApprovalZ �q BY lz'A' 10121113 KEIT ATTS, Purchasing Manager City Project Manager Kyi ad . yw a artment Approval ti REN STEWART, Engineering Manager DTE: /o% /�3 /"� Phase 3: Well 22 ASR Pitot Testing Page 6 of 6 GSI Water Solutions Inc. Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6L PROJECT NUMBER -- ITEM TITLE: WWTP CHANGE ORDER NO. 1 APPROVAL Approval of Contract Change Order No. 1 to the Existing Agreement for Independent Contractor Services for the "Wastewater Treatment Plant (WWTP) Fermentation and Odor Control' Project to Contractors Northwest for the Not -To -Exceed amount of $161,996.00 and Authorize the Purchasing Manager to Sign the Change Order MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 10/24/13 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6t' City Council Consent Agenda for Council's consideration. Approval of Contract Change Order No 1 to the existing Agreement for Independent Contractor Services for VWTP Fermentation andOdor Control Proiect to Contractors Northwest for the Not -To -Exceed amount of $161 996 00 Recommended Council Action: Approval of Contract Change Order No.1 to Contractors Northwest for the Not -To -Exceed amount of $161,996.00 and authorize the Purchase Manager to sign. This change order represents a 7% increase in the contract amount for a total of $2,383,496.00. This change order is within the project budget. Thank you for your consideration. 0 Page 1 City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 10/24/13 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6t' City Council Consent Agenda for Council's consideration. Approval of Contract Change Order No 1 to the existing Agreement for Independent Contractor Services for VWTP Fermentation and Odor Control Proiect to Contractors Northwest for the Not -To -Exceed amount of $161,996.00. Recommended Council Action: Approval of Contract Change Order No.1 to Contractors Northwest for the Not -To -Exceed amount of $161,996.00 and authorize the Purchase Manager to sign. This change order represents a 7% increase in the contract amount for a total of $2,383,496.00. This change order is within the project budget. Thank you for your consideration. • Page 1 �E AN� Public IDAHOI Works Department TO: Keith Watts FROM: Clint Dolsby Assistant City Engineer DATE: 10/23/2013 Mayor Tammy de Weerd City Coaneil Membene Keith Bird Brad Hoaglun Charles Rountree David Zoremba SUBJECT: Project Information; WWTP Fermentation and Odor Control Project 10045a Construction Change Order 1 I. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Public Works Director 489-0378 I1. DESCRIPTION A. Back ound The objective of the primary sludge fermentation process is to promote a reliable biological phosphorous removal process through the addition of volatile fatty acids to the secondary treatment system at the wastewater treatment plant. Volatile fatty acids (UFAs) are the preferred food for the biological phosphorus removal processes, and the Meridian wastewater treatment plant influent wastewater has limited VFAs. A fermentation process has the capability to produce VFAs to promote a reliable biological phosphorus removal process at the Meridian wastewater treatment plant. B. Proposed Project The Wastewater Treatment Plant (WWTP) boilers can operate off either methane gas or natural gas but has been experiencing problems with boiler operation during the winter months when operated with methane gas. The excess moisture causes three problems. 1. Methane piping plugs with water requiring maintenance staff to blow the gas piping out with air. 2. Boiler has pressure regulators that become filled with water and must be replaced. 3. Moisture causes excessive scaling deposits in boilers. Page I of 3 Due to these problems, to perform maintenance methane feed to the boilers has to be shut down and switched to operate on natural gas. The WWTP has to purchase /'1 natural gas during this time which adds additional operation cost to the WWTP budget. The moist gas also increases wear and tear on the boilers and ancillary equipment. The WWTP's temporary solution has been to blow the gas piping out with air more frequently. This puts maintenance staff in a dangerous/explosive environment during this maintenance task. Change Proposal Request 2 from Contractors Northwest to install a desiccant moisture removal system to remedy these issues at the wastewater treatment plant is valued at $150,997. The remaining modifications in this change order include the replacement of worn out piping with glass lined pipe and the replacement of doors and window framing in the digester 1 and 2 building valued at approximately $11,000. III. IMPACT A. Strategic Impact: This project will help increase efficiencies at the Wastewater Treatment Plant and investigate alternative methods of wastewater treatment to reduce nitrogen and phosphorous loadings into our receiving stream. B. Service/Delivery Impact: Improving the operation of the biological nutrient removal processes at the wastewater treatment plant will not only help to stabilize the plant operation, it will additionally improve the removals of the nutrients that are regulated or will be regulated in our facility permits. C. Fiscal Impacts: This change order will be financed using the Fiscal Year 2014 fermentation enhancement. The construction will be completed in Fiscal Year 2014. Project Costs Fiscal Year 2013 Construction $1,500,000.00 Fiscal Year 2014 Construction $721,500.00 Services During Construction $257,006.00 Special Inspections $14,045.25 Change Order 1 $161.996.00 Total Cost $2,654,547.25 Project Fundin Fiscal Year 2013 Fermentation (3590-96130) $1,565,000.00 Fiscal Year 2013 Odor Control (3590-92100) $450,000.00 Fiscal Year 2014 Fermentation (3590-96130) $1.000.000.00 Total Funding Available $3,015,000.00 Page 2of3 IV. TIME CONSTRAINTS Council's approval will allow this project to improve the performance of the biological nutrient removal to be completed in fiscal year 2014. V. LIST OF ATTACHMENTS A. Change Order 1 for the ermenta ' and Odor Control Project Approved for Council Agenda: Z ./ Warren Stewart Date Page 3 of 3 /� /014N CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. 10045a DATE: 9/30/2013 EFFECTIVE DATE: 9/30/2013 CONTRACTOR: Contractors Northwest, Inc. PROJECT: WWTP Fermentation and Odor Control Project The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Replacement of PVC pipe with glass lined pipe, installation of a digester gas moisture control system and the replacement of door and window hardware in the digester 1 and 2 building. Reason for Change Order: The wastewater treatment plant is experiencing problems with boiler operation during the winter months when operated with methane gas due to the methane piping and boiler gas pressure regulators plugging with water. Additionally this change order will fund the replacement of worn out doors and windows in the original digester building. Attachments: Pricing for COR 1, COR 2, COR 10-A, COR 10-13 and COR 11 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ $2,221,500.00 Original Contract Times: 400 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._0_ to _0_ (calendar days) $ - 0 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $ 2,221,500.00 400 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $ 161,996.00 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (cafe ar dayk) $ 2,383,496.00 400 APPROVED: (City Purchasing Manager) ACCEP E (c ra or) By: Keith Watts Date: Date: Y� ,�� .\2) RECOMMENDED: (P lic W ks) By: Warren S Date: eo�, W City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2013 Through 9/30/2014 Capital Outlay 96130 Fermentation Projects 10045 Primary 1/2 Fermentation 10045.a WWTP Fermentation & Odor Control Ph 1 Construction Carr... Carryforward Total Capital Outlay TOTAL EXPENDITURES Budget with Amendments Current Year Actual Percent of Budget Budget Remaining Remaining 999,999.96 0.00 999,999.96 100.00% 0.00 883,496.00 (883,496.00) 0.00% 1.550,167.32 0.00 1,550,167 32 100.00% 2,550,167.28 883,496.00 1,666,671.28 65.36% 2,550,167.28 883,496.00 1,666,671.28 65.36% Date: 10/25/13 08:56:01 AI•[ Page: 1 Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: APPROVAL OF T.O. 10312-d WELL 16B AND 16C Approval of Task Order 10312-D for "Well 16b and 16c Pumping Facilities Design and Construction Management Support'' to Keller Associates, Inc. for the Not -To -Exceed amount of $63,515.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 110� Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Brent Blake Date: 10/25/13 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6 City Council Consent Agenda for Council's consideration. Approval of Task Order 10312-D for "Well 16b and 16c Pumpinq Facilities Design and Construction Management Support" to Keller Associates Inc in the Not -To - Exceed amount of $63,515.00. This Task Order is written against the current Master Agreement between the parties. Recommended Council Action: Approval of Task Order 10312-D to Keller Associates, Inc. for the Not -To -Exceed amount of $63,515.00. Thank you for your consideration. 0 Page 1 E IDIAN�- � Public IDAHO Works Department TO: Keith Watts FROM: Brent Blake DATE: 9/25/2013 SUBJECT: Well 16B and Well 16C Pumping Facilities Design I. DEPARTMENT CONTACT PERSONS Brent Blake, Project Manager 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION Mayor Tammy de Weerd City Council Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Background Well 16 has reached the end of its service life and has been abandoned and a test well has recently been constructed at the site. Also, new production wells have been designed to replace the original well and are currently being developed. B. Proposed Project This project consists of design and construction management support for the removal, installation, and modification of piping, mechanical, and electrical equipment. The following items are anticipated: • Two new submersible well pumps. One pump will be smaller with a tentative maximum production capacity of approximately 400 gpm. The second pump will be larger with a tentative maximum production capacity of approximately 800 gpm. • Pitless adaptors and piping from the proposed well locations to the pump house. • Mechanical piping within the well house to allow for mixing of the two wells, plus a third future well source. • Instrumentation to monitor flows and pressures from the various sources (but not test well), and a new peristaltic chlorine pump with flow pacing capabilities. Page I of 2 /"N • Upgrade the well controls and associated programming (to be completed by DC Engineering). • New air conditioning unit and HVAC controls. • Upgrades to the ventilation system, including exterior push button control. • Electrical and controls, including variable frequency drives and upgrades the PLC and radio telemetry. III. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: The Water Division of Public Works, in a continuing effort to provide high quality potable water and fire protection to the citizens of Meridian, has identified the need to replace Well 16. C. Fiscal Impact: Project Costs Contract $63,515.00 Project Funding Well 16 (3490-96116) $325,000 Approved for Council Agenda: Page 2 of 2 Date n CITY PROJECT NO. 10312 Commitment Number KEL'10312-D Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND KELLER ASSOCIATES (ENGINEER) &4:±1 1'lovembey- This Task Order is made this "1b day of Geteber, 2013 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 "Owner", and accepted by Keller Associates, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1A) between the above mentioned parties dated December 6, 2011. The Project Name for this task order is as follows: CITY OF MERIDIAN Well 16b and 16c Pumping Facilities n Design and Construction Management Support SECTION 1 - PROJECT UNDERSTANDING The Owner intends to remove mechanical items within the existing facility and install two new well pumps with associated variable frequency drive controls and mixing provisions that would allow for blending of the two new wells. Provisions for a future third well pump will also need to be considered. It anticipated that the following elements will need to be designed: • Two new submersible well pumps.. One pump will be smaller with a tentative maximum production capacity of approximately 400 gpm. The second pump will be larger with a tentative maximum production capacity of approximately 800 gpm. • Pitless adaptors and piping from the proposed well locations to the pump house. • Mechanical piping within the well house to allow for mixing of the two wells, plus a third future well source. • Instrumentation to monitor flows and pressures from the various sources (but not test well), and a new peristaltic chlorine pump with flow pacing capabilities. • Upgrade the well controls and associated programming (to be completed by DC Engineering). • New air conditioning unit and HVAC controls. • Upgrades to the ventilation system, including exterior push button control. • Electrical and controls, including variable frequency drives and upgrades the PLC and radio telemetry. KA# 210098-004 Changes to the existing flushing provisions, building structure, generator and automatic transfer switch, chlorine source, or changes to the site are not anticipated. No fire sprinkler system is anticipated. Should these be determined necessary as the design progresses, a separate addendum to this task order will be developed. SECTION 2 — OWNER PROVIDED INFORMATION AND RESPONSIBILITIES The following data and/or services are to be provided by the Owner without cost to the Engineer. 2.1 Provide ongoing review of the work at a time acceptable to both the Owner and the Engineer. 2.2 Schedule a Conceptual Design Review meeting with Owner review offices such as Planning and Building Services and coordinate any reviews required by those offices. 2.3 Provide access to relevant record drawings and other relevant information of record. 2.4 Provide water system information (static and drawdown water levels in the well, system pressure at the well site, target flow demands, well capacity, etc) necessary to design the well pumps. 2.5 Provide and pay for legal notices for Advertisement of Bid(s). 2.6 Provide and prepare all front-end documents required by the Owner's Purchasing Department. The Engineer will provide the bid schedule to the Owner for inclusion in the front-end documents. 2.7 It is understood that the Engineer will not provide a Resident Project Representative (RPR), but that such services will be provided by the Owner. SECTION 3 — SERVICES TO BE PERFORMED BY ENGINEER 3.1 — PROJECT ADMINISTRATION AND MEETINGS The Engineer will furnish final design services specifically limited to the following: A. Project Administration The Engineer will provide general project administration services, including monthly progress reports, invoicing, and coordination with Owner's personnel. Consultant will utilize one of the City's licenses of E -Builder to manage submittals, change orders, and other key activities. B. Project Meetings Kickoff Meeting: The Engineer has attended a kick-off meeting with the Owner for the purposes of obtaining project information and to receive any general direction that the KA# 210098-004 2 Owner may have with respect to proceeding with the project. The Owner will provide the Engineer with the information pertaining to any design related requirements. The Engineer will attend the Conceptual Design Review meeting to determine Owner review expectations and needs. Project Review Meetings: The Engineer will attend progress meetings with Owner during the project to resolve issues and discuss project schedule as they develop over the duration of project design. It is anticipated that two (2) review meetings will be required. 3.2 —FINAL DESIGN The Engineer will furnish final design services specifically limited to the following: A. Design 1. Preliminary Design: A preliminary design outlining the recommended improvements will be provided to the Owner. This will include conceptual drawings and a Table of Contents of anticipated specifications. A Preliminary Engineering Report will be completed and submitted to Idaho Department of Environmental Quality (DEQ) that follows the outline set forth in Idaho Code. 2. Final Design: Final design of the will be completed by the Engineer. Once a set of plans has been approved by the Owner, the Engineer will submit this set of plans for DEQ for review. The Engineer will respond to comments by DEQ and prepare a final set of plans and specifications to be used for bidding. Design Drafting. The Engineer will perform design drafting in AutoCAD for the construction plans. Drafting will be completed on 22"x34" sheets, ANSI standard size "B" sheets. Electrical and Controls. The Engineer's Sub -Consultant (DC Engineering) will complete electrical design and specifications, complete service load and standby power calculations (no new generator is anticipated as part of this design), design power distribution modifications, develop P&ID, develop a design package to replace the existing control panel and reconnect existing and new instrumentation to the new control panel, develop control panel drawings suitable for UL construction, and assist in obtaining approval from reviewing agencies. Plan Review and Revisions • Upon 50% completion of the plans and specifications, the Engineer will submit review sets of plans to the Owner for review. • Upon 90% completion of the plans and specifications, the Engineer will submit review sets of plans to the Owner for review. The Engineer will incorporate appropriate revisions made by the Owner and other permitting agencies into the final set of plans and specifications 3 KA# 210098-004 Opinion of Probable Construction Cost. The Engineer will develop and issue to Owner an opinion of probable construction cost for the construction project and any ?00*N bid alternatives. 3. Final Deliverables: Final deliverables will include stamped technical specifications and design drawings in PDF format. SECTION 4 — ADDITIONAL SERVICES 4.1 BID AND AWARD SERVICES The Engineer will furnish services specifically limited to the following: A. Bidding, Publishing, and Administration The Engineer will provide 4 hard copies and one electronic copy (PDF format) of the Plans, Special Provisions, and bid schedule for the Owner's incorporation into its standard bidding documents for bidding purposes. It is assumed that the Owner will prepare all "front-end" documents except the bid schedule and that bidding documents will be distributed through the Owner's Purchasing office. The Engineer will provide bid administration services to coordinate the Bid process with the Owner, prepare addenda when necessary during the Bid process to clarify bidding requirements, and attend a pre- bid meeting to assist in answering bidders' questions. Legal notice for advertisement of r-� Bid will be prepared by and paid for by the Owner. B. Bid Opening and Award The Engineer will review the bid abstract prepared by the Owner, review bidder qualifications, if necessary, and provide a recommendation for contract award to Owner. 4.2 CONSTRUCTION SERVICES The Owner will oversee the construction inspection and administration efforts for the project. It is understood that the Engineer will not provide well control integration services, and that a resident project representative will be provided by the Owner. The Engineer will furnish support services specifically limited to the following. A. Preconstruction Conference The Engineer will attend a pre -construction conference for the project with the Contractor, Owner, and other parties. The Owner will chair the meeting. The Engineer will provide a draft agenda for the Owner's review and prepare meeting minutes. B. Submittal Reviews The Engineer will review technical submittals. C. Requests for Information KA# 210098-004 4 The Engineer will be available during construction on an as -needed basis as requested by the Owner to answer questions or provide clarifications of the plans and technical /'1 specifications. /'*N D. Construction Meetings and Observation The Engineer will be available to attend construction meetings and assist the Owner in making construction observations during construction. For budget purposes two meetings and two site visits are assumed. E. Programming and Startup Assistance The Engineer's sub -consultant (DC Engineering) will program the PLC and HMI to meet current city standards, check 1/0 point connectivity, test the control system, configure communications to the Well 16 site, add additional displays to the Wonderware application, add alarms to existing alarm software, and test remote control and alarm notifications. The Engineer will attend the startup and will assist in preparing a punchlist of outstanding contract items to be completed. The Owner will be responsible for issuing substantial and final completion. F. Record Drawings and Operations and Maintenance Materials The Engineer will prepare record drawings from drawings and data received from the Contractor and Owner's staff. Operation and maintenance materials will also be reviewed by the Engineer. The Owner will be responsible for incorporating operation and materials into an updated manual for the well. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by October 31, 2013 and resulting in Final Design being completed by March 31, 2013. An NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task' Description Due Date Compensation 3.1.A Project Administration March 31, 2014 $1,510 3.1.B... Project Meetings March 31, 2014 $3,610 3.2.A.1 Preliminary Design & PER January 31, 2014 $5,840 3.2.A 2 Final Design Control Design March 31, 2014 $16,790 $6,880 4.1 Bidding, Publishing & Admin. Anticipated April 2014 $4,160 4.2.A ' Preconstruction Conference Anticipated May 2014 $1,035 KA# 210098-004 5 11� 4.2:6; Submittal Reviews Anticipated June 2014 $3,935 4.2.0 Requests for Information Anticipated September $2,270 30, 2014 4.2.D.. Construction Meetings & Anticipated September $2,590 Observations 30, 2014 4.2.E Startup Assistance & Anticipated September $11,050 " Programming 30, 2014 Record Drawing and O&M Anticipated October 31, $3,845 2014 The Not -To -Exceed amount to complete all services listed above for this Task Order No. KEL10312-D is Sixty three thousand, five hundred fifteen dollars ($63,515.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and the current approved Rate Schedule on file with the City, and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN BY: TAMMY d ERD, MAYOR Dated: //— 6 -13 KELLER ASSOCIATES, INC. BY: ROD LI JA, PRESIDE T Dated: /O//`a A21-3 Ow YCE . HOLMAN, CITY CLE �F II7If1N*-- IDAHQ �fx SEAL Purchasing Approval T�$ R` epartment Approval � BY: -- 4f4�� 1,1Z ;/V7 KEITFIVATTS, Purchasing Manager RREN STEWART, Engineering Manager City Project Manage KA# 210098-004 Dated / C1Z 6 / 3 W ARS R S-sr.wew. C Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6N PROJECT NUMBER -- ITEM TITLE: JOINT PROJECT INTERAGENCY AGREEMENT Joint Project Interagency Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding the Meridian Split Corridor Phase 2 Landscaping/Rutledge Lateral for a Not -to -Exceed Amount of $500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4WLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT This AGREEMENT, is made and entered into this day of , 2013, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation ditch known as the RUTLEDGE LATERAL, an integral part of the irrigation and drainage works and system of the District, together with the fee title real property and /or easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the Rutledge Lateral, and to access the Rutledge Lateral for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Rutledge Lateral for the benefit of District's landowners; and, WHEREAS, the City has entered into a Joint Project Interagency Agreement between Ada County Highway District, City of Meridian and Meridian Development Corporation relating to the Meridian Split Corridor Phase Two, ACHD Project No. 506047, which includes the right of the City to construct, install operate and maintain certain landscaping within the real property or right-of-way, particularly described in Interagency Agreement attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the Rutledge Lateral and/or the District's fee title real property crosses and intersects the City's proposed landscaping described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to construct landscaping within the District's fee title property and within the District's easement for the Rutledge Lateral under the terms and conditions of this Agreement, within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement I . The City shall have the right to construct and maintain landscaping within the District's fee AGREEMENT - Page I title property and/or encroach upon the District's easement for the Rutledge Lateral in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof, 2. Any crossing, encroachment upon or modification of the Rutledge Lateral, fee title property and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Rutledge Lateral, the District's fee title property and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Rutledge Lateral, the District's fee title property and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's fee title property and/or the District's easement, nor perform any construction or activity within the District's fee title property and/or the District's easement for the Rutledge Lateral except as referred to in this Agreement without the prior written consent of the District. 4. To the extent the City's encroachment is on the District's easement for the Rutledge Lateral, the City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's fee title property and/or easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's fee title property and/or easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Rutledge Lateral or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, AGREEMENT - Page 2 maintain, and repair the Rutledge Lateral; f. any other damage to the District's property, easement and irrigation or drainage works. 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the property, easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's fee title property and/or easement which interferes with the District's operation and maintenance of the Rutledge Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a, through 3.£ The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Rutledge Lateral. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Rutledge Lateral or the District's property/easement, and all construction and use of the District's property/easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Rutledge Lateral for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Rutledge Lateral. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated AGREEMENT - Page 3 by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such Rutledge Lateral by the District with its equipment for the maintenance of the Rutledge Lateral shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs 1. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be AGREEMENT - Page 4 in writing and signed by all parties to be enforceable, 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party, If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the real property and easement(s) described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows; Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST; Its Secretary AGREEMENT - Page 5 CITY OF MERIDIAN �j Its M ATTEST: �E 11?TA SEAL STATE OF IDAHO ) ss: County of Canyon } On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIANI IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ) ss. County of Ada Onthis_U dayof neer" l-,e_y- ,2013,before me, e undersigned, anotary public in and for said state, personally appeared -i Aet k eelc\ and jcc e µolry-g ., known to me to be the —� �,'J" and L� of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and ackno ledged to me that such entity 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. t*1.*, IIx A 4 jR� rR Ica +�J el O��jj�!rr�JJ�.1RRr R^*dr r R AGREEMENT - Paged ry ublic fb� r-> R' iding atC r c I l My Commission Expires: t r� JOINT PROJECT INTERAGENCY AGREEMENT BETWEEN COPY ADA COUNTY HIGHWAY DISTRICT, CITY OF MERIDIAN, AND MERIDIAN DEVELOPMENT CORPORATION - MERIDIAN SPLIT CORRIDOR PHASE TWO ACHD PROJECT NO. 506047 THIS JOINT PROJECT INTERAGENCY AGREEMENT ("Agreement") is entered into this � day of iyN� , 2012, by and between ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners (hereinafter referred to as "ACHD"), and the CITY OF MERIDIAN, by and through its Mayor and City Council (hereinafter referred to as the "CITY"), and the MERIDIAN DEVELOPMENT CORPORATION, by and through its Board of Commissioners (hereinafter referred to as "MDC") all parties being bodies politic and corporate of the State of Idaho. RECITALS WHEREAS, ACHD is a single county -wide highway district, a public entity, organized and operating pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented. WHEREAS, CITY is a public entity, organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. WHEREAS, MDC is a public entity, organized and operating pursuant to Idaho Code Title 50, Chapter 20, as amended and supplemented. WHEREAS, ACHD is planning to construct a road improvement project focusing on widening and realigning Main Street and Meridian Road from north of Franklin Road to Cherry Lane -Fairview Avenue, Ada County, Idaho, known as Phase Two of the Meridian Split Corridor Project, ACED Project No. 506047 (hereinafter referred to as the "ACHD Phase Two Project"). The ACHD Phase Two Project includes the construction of a cross-over roadway, connecting Main Street to Meridian Road, north of Franklin and south of the railroad crossing. It includes the expansion of Meridian Road to 5 -lanes, from the crossover roadway, north to the Meridian Road/Cherry Lane -Fairview Avenue intersection and elimination of the free -running right turn at the intersection of Main Street and Fairview Avenue. The ACHD Phase Two Project is generally depicted in the aerial/GIS map attached hereto as Exhibit A. The Meridian Split Corridor project has been identified in the Downtown Meridian Transportation Management Plan (2005). WHEREAS, CITY is planning a public works sewer and water project for Meridian Road (hereinafter referred to as "CITY Sewer and Water Project") and desires the CITY Water and Sewer Project to be incorporated into a portion of the ACHD Phase Two Project and CITY agrees to pay for the actual design and construction costs of the CITY Water and Sewer Project if it is incorporated into the ACHD Phase Two Project, Page 1 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 01 WHEREAS, ACHD is willing to accommodate CITY's request for the incorporation of the CITY Water and Sewer Project into the ACHD Phase Two Project so long as CITY agrees to be fully responsible for all costs of the CITY Water and Sewer Project, WHEREAS, MDC desires the installation of decorative street lighting (hereinafter referred to as the "MDC Lighting Project") to be incorporated into a portion of the ACHD Phase Two Project and MDC agrees that the MDC Lighting Project is a "non -transportation component" and agrees to comply with all requirements set forth in ACHD's Cost Share Ordinance Section 3109 et. seq. (hereafter "Cost Share Ordinance"), and MDC agrees to pay for the design and construction costs of the MDC Lighting Project in accordance with the Cost Share Ordinance, and as a co -permittee with CITY, MDC shall assume secondary responsibility for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance. CITY agrees that the MDC Lighting Project is a "non -transportation component" under the Cost Share Ordinance and CITY agrees to have primary responsibility to pay for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance as a co -permittee on the MDC Lighting Project, and City agrees to comply with all applicable requirements set forth in the Cost Share Ordinance. WHEREAS, CITY desires the installation of landscape improvements (hereinafter referred to as the "CITY Landscape Project") to be incorporated into a portion of the ACRD Phase Two Project and CITY agrees that the CITY Landscape Project is a "non -transportation component" and agrees to comply with all requirements set forth in ACHD's Cost Share Ordinance Cost Share Ordinance, and CITY agrees to pay for the design, construction costs, and perpetual maintenance and operation of the CITY Landscape Project in accordance with the Cost Share Ordinance. WHEREAS, ACHD, CITY and MDC desire by this Agreement to work cooperatively and to set forth their respective duties and obligations which they are authorized by law to perform, and to allocate certain costs and responsibilities, each with regard to the joint ACHD Phase Two ProjectICITY Water and Sewer Project/CITY Landscape Project/MDC Lighting Project in accordance with law and as further set forth in this Agreement. WHEREAS, Idaho Code § 67-2332 expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege or authority of said agencies. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are made a part of the Agreement, and not mere Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do mutually undertake, promise and hereby agree as follows: Page 2 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 02 SECTION I. ACRD PHASE TWO PROJECT L. DESIGN 1.1 ACHD, and/or its consultant, shall complete all design work for the ACHD Phase Two Project. The ACHD Phase Two Project shall be designed in compliance with the standards of the American Association of State Highway and Transportation Officials ("AASHTO"), the standards and specifications set forth in the ACHD Policy Manual. ACHD shall provide the CITY and MDC with plan sets at all design phases for review and comment. 1.2 ACHD shall provide for the design of the ACHD Phase Two Project. CITY shall pay ACHD for the additional cost for design of the ACHD Phase Two Project resulting from incorporation of the CITY Water and Sewer Project and/or the CITY Landscape Project. MDC shall pay ACHD for any actual additional costs for design of the ACHD Phase Two Project resulting from incorporation of the MDC Lighting Project The actual cost of the ACHD Phase Two Project design is EIGHT HUNDRED THOUSAND SEVEN HUNDRED AND EIGHTY FOUR DOLLARS AND SEVENTY-SIX CENTS ($800,784.76). ACHD shall invoice any actual additional costs for the design of the ACHD Phase Two Project accordingly and within thirty-five (35) days receipt of any such invoice, CITY and/or MDC shall pay the amount invoiced by ACHD. 1.3 ACHD shall approve, in its sole discretion, the Engineer's Estimate and the ACHD Phase Two Project plans. ACHD, CITY and MDC shall acknowledge in writing the final, approved ACHD Phase Two Project bid plans and the Engineer's Estimate prior to commencement of formal bid, and neither shall thereafter be modified in any material way unless such modifications are approved in writing signed by ACHD 2. CONSTRUCTION ACCESS MEASURES —SHARED RESPONSIBILITIES 2.1 In order to ensure access for properties during construction which would otherwise be landlocked as a result of road closures during the joint ACHD Phase Two Project/CITY Project, and in order to ensure parking access for CITY's City Hall building during the joint ACHD Phase Two Project/CITY Project, ACHD and CITY shall coordinate measures for alternate access, which includes the acquisition of temporary easements, the placement of temporary paving, and the removal of curbing and other features. 2.2 The approximate location and configuration of the alternate access measures to be coordinated by ACHD and CITY and made a part of the joint ACHD Phase Two Project/CITY Project are depicted in the attached Exhibits BI, B2 and B3. 2.3 The current cost estimate of the alternate access measures is TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000); CITY shall reimburse ACHD for one-half of the costs of such alternate access up to a maximum amount of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000). ACHD and CITY agree that if the actual cost of the alternate access measures exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) CITY and ACHD shall each be responsible for one-half of such excess costs. ACHD Page 3 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page pg shall provide CITY with a breakdown of the actual costs of the access measures along with an invoice for the CITY's share of the same as set forth herein and as may be agreed by ACHD and CITY with regard to any excess amounts and within thirty-five (35) days receipt of such invoice, CITY shall pay the amount invoiced by ACRD. 3. ACHD STORM WATER FACILITY — PARCEL 143 3.1 ACHD Phase Two Project will include a storm water facility on a parcel located at the southeast corner of the intersection of Meridian Road and Carmel Drive; the work is depicted in the attached Exhibit C, and is identified as Parcel 143 in the attached Exhibit C. 3.2 Parcel 143 and the storm water facility to be constructed thereon shall be characterized by ACHD as "highway" and "public right-of-way" as such terms are defined in Title 40, Chapter 1, Idaho Code. SECTION II. CITY WATER AND SEWER PROJECT L. SUMMARY STATEMENT OF AGREEMENT ACHD shall incorporate the CITY Water and Sewer Project into the ACHD Phase Two Project subject to the terms and conditions of this Agreement. 2. SCOPE OF WORK. ESTIMATED COST 2.1 ACHD and CITY agree that the scope of work for the CITY Water and Sewer Project provided by this Agreement is set forth in the document entitled "Scope of City Water and Sewer Project", a copy of which is attached hereto as Exhibit D. 2.2 CITY's consultant has prepared a cost estimate in 2011 Dollars for the construction of the CITY Water and Sewer Project. Construction of the CITY Water and Sewer Project is estimated to cost a total of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000). The parties acknowledge that these costs are only an approximation of the cost in 2011 dollars for the construction of the CITY. The parties acknowledge and agree that rapid rise in construction materials may affect the actual cost of construction of the CITY Water and Sewer Project that are substantially higher than the estimated costs in 2011 dollars. CITY shall be solely responsible to pay all actual construction costs for the CITY Water and Sewer Project including all actual construction costs in excess of the CITY's estimate. 3 DESIGN AND PERMITS 3.1 CITY, and/or its consultant, will complete all design work for the CITY Water and Sewer Project. The CITY Water and Sewer Project shall be designed in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual. Page 4 of 2 t ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 04 3.2 The design work for the CITY Water and Sewer Project shall include detailed and comprehensive plans addressing ground water to be encountered during sewer excavation in the project site and adequate countermeasures for handling ground water including, but not limited to, dewatering. The dewatering plans must be approved by the CITY Engineer and all applicable agencies. 3.3 Copies of complete and final designs for the CITY Water and Sewer Project including detailed and comprehensive plans addressing ground water in the project site and adequate countermeasures for ground water including, but not limited to, dewatering shall be provided to ACHD no later than June 1, 2012. 3.4 CITY shall be solely responsible to apply for and obtain all necessary federal, state and local permits for the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project, 4. SPECIAL PROVISIONS AND BID QUANTITIES 4.1 CITY, and/or its consultant, will develop special provisions, and unit bid quantities for the CITY Water and Sewer Project work to be included in the bid documents for the ACHD Phase Two Project construction contract. The special provisions and unit bid quantities shall support the CITY Water and Sewer Project as designed, including but not limited to ground water countermeasures such as dewatering, and shall be in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual, 4.2 Complete and final special provisions, and unit bid quantities for the CITY Water and Sewer Project work shall be provided to ACHD no later than June 20, 2012. 5. BIDDING AND CONTRACTING 5.1 ACRD shall incorporate the designs, special provisions, and unit bid quantities for the CITY Water and Sewer Project work as developed and submitted by CITY into the bid documents for the ACHD Phase Two Project. ACHD shall provide CITY a complete set of combined bid documents for the ACHD Phase Two Project, and the CITY Water and Sewer Project work referenced herein. 5.2 ACHD shall solicit, receive, and open bids for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein utilizing a two-step, prequalification methodology as allowed in Idaho Code Section 67-2805. In the initial phase, ACHD shall prequalify prime and specialty contractors and in the second phase, bid prices will be accepted by ACHD only from prequalified contractors. ACHD shall furnish CITY with an abstract of all bids received. Page 5 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 05 5.3 ACHD shall award a contract for construction of the for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein, or in its discretion, ACHD may reject all bids and re -bid the project. CITY agrees and acknowledges that the contract for construction may include incentives for early completion. 5.4 Following award, ACHD shall execute and administer the construction contract for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein. 6. CONSTRUCTION 6.1 The construction of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project shall be built in conformance with the designs, plans and specifications provided to ACHD by CITY. Such construction shall comply with all applicable laws, ACHD policies and standards, and engineering practices. 6.2 For all lawful purposes, CITY shall be considered a "Co-owner" of the ACHD Phase Two Project to the extent that it incorporates the CITY Water and Sewer Project. Pursuant to and in accordance with, applicable laws and regulations, the CITY shall file separately with the appropriate agencies a Notice of Intent (hereinafter referred to as "NOI") for the construction of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project, 6.3 ACHD shall at all times be the party responsible to provide inspection for all work for the ACHD Phase Two Project that is not within the scope of the CITY Water and Sewer Project. CITY shall at all times be the party responsible to provide inspection for all work for the CITY Water and Sewer Project and shall provide copies of appropriate inspections, tests and diaries to the ACHD Phase Two Project representative. ACHD shall combine all applicable inspections, tests and diaries into a joint report which shall be co-signed by CITY and ACHD. The CITY shall at all times be the party responsible for maintenance, inspection, and tracking of any and all dewatering work associated with the CITY Water and Sewer Project, 6.4 CITY shall reimburse ACHD for all costs associated with the portion of the awarded bid relating to the CITY Water and Sewer Project. CITY shall have the discretion to accept or reject any change orders to the portion of the awarded bid relating to the CITY Water and Sewer Project within 5 business days. CITY shall not be obligated to reimburse ACHD for any costs associated with unapproved change orders, but may, in its discretion, approve any change order retroactively. 6.5 CITY shall at all times be the party solely responsible for and shall reimburse ACHD for backfill of excavation, safety measures, landscape restoration solely attributable to the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project and all other activities incidental to the CITY Water and Sewer Project, 6.6 CITY shall also be responsible for and shall reimburse ACHD for changed conditions, plan errors and omissions, and any delays attributable to the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project. Page 6 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 6.7 ACHD shall make any monthly progress payments to and the final construction contract payment to the Construction Contractor in conformance with the Construction Contract. Provided, however that before ACHD makes any monthly progress payment to the Construction Contractor for any work relating to any portion of the CITY Water and Sewer Project, CITY shall first approve and authorize such payment in writing within 5 business days of receipt. CITY shall hold ACHD harmless for any disputes relative to any monthly progress payment or portion thereof that the CITY does not approve and authorize. 6.8 ACHD will submit to CITY a copy of each Contractor progress payment estimate, as such estimates are approved by ACRD, together with an invoice for CITY's share of the Construction Contract costs earned by and to be paid to the Contractor. ACHD shall retain all invoices and other documents supporting such payment estimates. ACRD shall submit a monthly bill to CITY for reimbursement of the actual construction costs of the CITY Water and Sewer Project, as well as other costs for which CITY is responsible as set forth in this Agreement, and a final bill within THIRTY (30) days after completion of the work which shall include the CITY's share of any early completion incentive paid to the Construction Contractor as provide in Section II.8.1 of this Agreement. 6.9 CITY shall reimburse ACHD for the actual construction costs of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project as well as other costs for which CITY is responsible as set forth in this Agreement. CITY shall pay ACHD within THIRTY (30) days after receipt of ACHD's monthly and final bills referenced in Section IL6.8 of this Agreement in cash or other immediately available funds. 6.10 CITY shall be solely responsible for determining that the work for the construction of the CITY Water and Sewer Project is Substantially Complete and will provide ACHD evidence of said acceptance and determination in writing. CITY shall be solely responsible to notify ACHD in writing when Construction Completion may be issued for the CITY Water and Sewer Project. 6.11 CITY shall be solely responsible for operation and maintenance of the work for the construction of the CITY Water and Sewer Project once said CITY Water and Sewer Project becomes operational, 6.12 ACHD shall transfer to CITY for the benefit of CITY, all warranties in the Construction Contract relating to the CITY Water and Sewer Project, 6.13 ACHD shall transfer to CITY for the benefit of CITY, all title in the work for the construction of the CITY Water and Sewer Project. 7. CITY SEWER AND WATER WORK OUTSIDE OF ACHD PHASE TWO PROJECT BOUNDARIES CITY shall be fully responsible for any sewer and water work outside of the ACHD Phase Two Project boundaries as depicted in Exhibit A, including, but not limited to, property Page 7 of 21 ACHD/City of MeridimMeridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two __ _ Exhibit A, page 07 owner notification, excavation, material costs, construction costs, traffic control, grading, and associated paving work which will be subject to ACHD permitting, inspection, and approval. Provided that any ACHD permit fees shall be waived in accordance with the ACHD-CITY Interagency Governmental Agreement for Waiver of Costs and Fees dated June 9, 2010 and incorporated herein by reference. City shall also be responsible for inspection of storm water protection and erosion control measures outside of the aforementioned ACRD Phase Two Project boundaries. $. EARLY COMPLETION INCENTIVE PAYMENT 8.1 The early completion incentive that may be paid to the Construction Contractor shall not exceed THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00). CITY shall be responsible for and shall reimburse ACHD for one-half (1/2) of any early completion incentive paid to the Construction Contractor, up to a maximum amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00). 8.2 One-half (1/2) of any liquidated damages received by ACHD from the Construction Contractor shall be reimbursed back to the CITY. SECTION III. CITY LANDSCAPE PROJECT 1. SUMMARY STATEMENT OF AGREEMENT ACRD shall incorporate the CITY Landscape Project into the ACHD Phase Two Project subject to the terms and conditions of this Agreement. 2. ISLAND MEDIAN AND FREE -RUNNING RIGHT -TURN — MAIN STREET AND FAIRVIEW AVENUE INTERSECTION — PARCEL 162• CROSS-OVER ROADWAY MEDIANS -- PARCELS 163 AND 164. 2.1 As part of the ACHD Phase Two Project, ACHD shall modify the landscaped island median on the southeast corner of the intersection of Main Street and Fairview Avenue that is currently right-of-way owned by ACRD and maintained by CITY and ACHD shall eliminate the free -running right turn at said intersection. The work is depicted in the attached Exhibit E and these areas are identified collectively as Parcel 162 in the attached Exhibit E. 2.2 As part of the ACHD Phase Two Project, ACHD shall construct an island median southwest of the intersection of Main Street and Ada Street and an island median west of the intersection of Bower Street and the cross-over roadway. The work is depicted in Exhibit 1~ and Exhibit G and these areas are identified respectively as Parcel 163 and Parcel 164 in the attached Exhibit F and Exhibit G. 3. CONSTRUCTION Page 8 of 21 ACRD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 08 3.1 As to Parcels 162, 163 and 164, Ate: be: responsible.f®i all traffic related improvements and rem9val of -all roadway base Material as part of the ACHD Phase Two Project, construction of curb, gutter and sidewalks, and'the placement of conduit and 12" of topt soil to a. `finisha of 2"below '-0 :grad pback•of curbifor the interior of and within each parcel as indicated on the plans for the ACHD Phase Two Project, 3.2 As to Parcels 162, 163 and 164, CITY shall be solely responsible for the design, construction and inspection of the installation of the sod, landscape, sprinkler irrigation facilities, renovation materials, and warranties and such work shall be completed prior to substantial completion of the ACHD Phase Two Project. CITY understands and agrees that if the work is not completed prior to substantial completion of the ACHD Phase Two Project, ACHD may in its full and complete discretion, pave Parcels 162, 163 and 164 with asphalt and any obligations of ACRD and the CITY under this Section III shall terminate. 4. COST SHARE PERMIT 4.1 CITY agrees that the CITY Landscape Project is a "non -transportation component" as defined in the Cost Share Ordinance and that CITY shall apply to ACHD for a Cost Share Permit for the CITY Landscape Project. CITY shall comply with any and all terms and conditions of the permit that may be issued to CITY by ACHD as to landscape improvements placed on Parcels 162,163 and 164 by the CITY. 4.2 The terms and conditions of this Agreement relating to the CITY Landscape Project shall be null and void in the event CITY fails to apply to ACHD for a Cost Share Permit for the CITY Landscape Project or if ACHD does not issue a Cost Share Permit for the CITY Landscape Project. MAINTENANCE AND OPERATION 5.1 CITY shall be solely responsible to pay for the perpetual maintenance and operation of the sod, landscape, and sprinkler irrigation facilities on Parcels 162, 163 and 164 in accordance with the Cost Share Ordinance and any permit that may be issued to CITY thereunder. CITY shall be solely responsible to provide adequate water volume and pressure for landscape irrigation. 6. VACATION AND ABANDOMENT OF PARCEL 162 6.1 Upon completion of the ACHD Phase Two Project, the ACHD Board of Commissioners shall consider the vacation and abandonment of Parcel 162 as public right-of- way in accordance with the procedures set forth in Idaho Code. Upon vacation and abandonment of Parcel 162, ACHD shall convey Parcel 162 to CITY as surplus property in accordance with the procedures set forth in Idaho Code with the execution of a Quitclaim Deed, "as -is" and without warranty of any kind. Any compensation normally due to ACHD in the event of such a conveyance will be waived by ACHD in accordance with the ACHD-CITY Interagency Governmental Agreement for Waiver of Costs and Fees dated June 9, 2010 and incorporated herein by reference. Page 9 of 21 ACHD/City of Meridim/Meridlan Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit L page 09 6.2 If Parcel 162 is vacated and abandoned by ACRD and conveyed to CITY as surplus property as provided in Section III.6.1 of this Agreement, any Cost Share Permit granted to CITY by ACHD for the CITY Landscape Project shall terminate as to Parcel 162. SECTION IV CITY A. CO -PERMITTEE ON MDC LIGHTING PROJECT 1.1 CITY agrees that the MDC Lighting Project provided for in Section V of this Agreement is a "non -transportation component" as defined in the Cost Share Ordinance and that CITY shall apply to ACHD for a Cost Share Permit for the MDC Lighting Project as a co - permittee with MDC, for the purpose of assuming primary and sole responsibility for perpetual maintenance and operation of the MDC Lighting Project. CITY shall comply with all applicable terms and conditions of the permit that may be issued to MDC and the CITY by ACHD for the MDC Lighting Project. 1.2 The terms and conditions of this Agreement relating to the MDC Lighting Project shall be null and void in the event CITY fails to apply to ACRD for a Cost Share Permit for the MDC Lighting Project as a co -permittee with MDG or if ACHD does not issue a Cost Share Permit for the MDC Lighting Project. 2. MAINTENANCE AND OPERATION CITY shall be primarily and solely responsible to pay for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance and any permit that may be issued to MDC and the CITY thereunder. CITY shall be primarily and solely responsible to pay the energy costs necessary for the perpetual operation of the MDC Lighting Project. SECTION V MDC LIGHTING PROJECT 1. SUMMARY STATEMENT OF AGREEMENT ACHD shall incorporate the MDC Lighting Project into the ACHD Phase Two Project subject to the terms and conditions of this Agreement. 2. COST SHARE PERMIT 2.1 MDC agrees that the MDC Lighting Project is a "non -transportation component" as defined in the Cost Share Ordinance and that MDC shall apply to ACHD, as a co -applicant with the City, for a Cost Share Permit for the MDC Lighting Project as required by the Cost Share Ordinance. 2.2 MDG shall pay for the design and cost to construct the MDC Lighting Project in accordance with the Cost Share Ordinance and any permit(s) that may be issued to MDC Page 10 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 10 thereunder. MDC shall comply with any and all terms and conditions of the permit(s) that may be issued to MDC by ACHD. As a co -permittee with CITY, MDC shall assume secondary responsibility for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance and shall take on such responsibilities in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement. 2.3 The terms and conditions of this Agreement relating to the MDC Lighting Project shall be null and void in the event MDC fails to apply to ACHD for a Cost Share Permit for the MDC Lighting Project or if ACHD does not issue a Cost Share Permit for the project. 3. SCOPE OF WORK, ESTJMATED COST 3.1 ACHD and MDC agree that the scope of work for the MDC Lighting Project provided by this Agreement is set forth in the document entitled MDG Lighting Project, a copy of which is attached hereto as Exhibit H. 3.2 MDC's consultant has prepared a cost estimate in 2011 Dollars for the construction of the MDC Lighting Project provided by this Agreement. Construction of the Lighting Project as provided by this Agreement is estimated to cost a total of FIVE HUNDRED THOUSAND DOLLARS ($500,000). The parties acknowledge that these costs are only an approximation of the cost in 2011 dollars for the construction of the MDC Lighting Project. The parties acknowledge and agree that rapid rise in construction materials may affect the actual cost of construction of the MDC Lighting Project that are substantially higher than the esdinated costs in 2011 dollars. MDC agrees that if any additional construction costs for the MDC Lighting Project are incurred, MDC shall be solely responsible to pay these additional costs. 4. DESIGN AND PERMITS 4.1 MDC, and/or its consultant, will complete all design work for the MDC Lighting Project. The MDC Lighting Project shall be designed in conformance with ail applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual. 4.2 Copies of complete and final designs for the MDC Lighting Project shall be provided to ACHD no later than June 1, 2012, 4.3 MDC shall be solely responsible to apply for and obtain all necessary federal, state and local permits for the MDC Lighting Project as incorporated into the ACHD Phase Two Project. 5. SPECIAL PROVISIONS AND BID QUANTITIES 5,1 MDC, and/or its consultant, will develop special provisions, and unit bid quantities for the MDC Lighting Project work to be included in the bid documents for the ACHD Page 1 I of 21 ACHD/City of Meridian/Merldian Development Corporation Jobtt Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 11 Phase Two Project construction contract. The special provisions and unit bid quantities for each project shall be in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction OSPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual, 5.2 Complete and final special provisions, and unit bid quantities for the MDC Lighting Project work shall be provided to ACHD no later than June 1, 2012. 6. BIDDING AND CONTRACTING 6.1 ACHD shall incorporate the designs, special provisions, and unit bid quantities for the MDC Lighting Project work, as developed and submitted by MDC, into the bid documents for the ACHD Phase Two Project. ACHD shall provide MDC a complete set of combined bid documents for the ACHD Phase Two Project, and the MDC Lighting Project work referenced herein. 6,2 ACHD shall solicit, receive, and open bids for the ACHD Phase Two Project incorporating the MDC Lighting Project work referenced herein utilizing a two-step, prequalification methodology as allowed in Idaho Code Section 67-2805. ACHD shall furnish MDC with an abstract of all bids received. 6,3 ACHD shall award a contract for construction of the ACHD Phase Two Project incorporating the approved MDC Lighting Project work referenced herein, or in its discretion, ACHD may reject all bids and re -bid the project. 6.4 Following award, ACHD shall execute and administer the construction contract for the ACHD Phase Two Project incorporating the MDC Lighting Project work referenced herein. 7. CONSTRUCTION 7.1 The construction of the MDC Lighting Project as incorporated into the ACHD Phase Two Project shall be built in conformance with the designs, plans and specifications provided to ACHD by MDC. Such construction shall comply with all applicable laws, ACHD policies and standards, and engineering practices. 7.2 CITY shall inspect work under the Lighting Project at no cost to ACHD or MDC and shall provide copies of appropriate tests and diaries to the ACHD Phase Two Project representative. 7.3 MDC shall reimburse ACHD for all costs associated with the portion of the awarded bid relating to the MDC Lighting Project. MDG shall have the discretion to accept or reject any change orders to the portion of the awarded bid relating to the MDC Lighting Project within 5 business days. MDC shall not be obligated to reimburse ACHD for any costs associated Page 12 of 21 ACHD/City of Merldian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 12 with unapproved change orders, but may, in its discretion, approve any change order retroactively. 7.4 MDC shall also be responsible for and shall reimburse ACHD for changed conditions, plan errors and omissions, and delays attributable to the MDC Lighting Project as incorporated into the ACHD Phase Two Project. 7.5 ACHD shall make monthly progress payments and the final construction contract payment to the Construction Contractor in conformance with the Construction Contract. Provided, however that before ACHD makes any monthly progress payment to the Construction Contractor for any work relating to any portion of the MDC Lighting Project, MDC shall first approve and authorize such payment in writing. MDC shall hold ACHD harmless for any disputes relative to any monthly progress payment or portion thereof that MDC does not approve and authorize. 7.6 ACRD will submit to MDC a copy of each Contractor progress payment estimate relating to the MDC Lighting Project, as such estimates are approved by ACHD. ACHD shall retain all invoices and other documents supporting such payment estimates. ACHD shall submit a bill to MDC for full and complete reimbursement of the actual construction costs of the MDC Lighting Project as incorporated into the ACHD Phase Two Project and as earned by and paid to the Contractor by ACHD, as well as other costs for which MDC is responsible as set forth in this Agreement, within THIRTY (30) days after final completion of all the work on the MDC Lighting Project, 7.7 MDC shall reimburse ACHD for the actual construct costs of the MDC Lighting Project as incorporated into the ACHD Phase Two Project as well as other costs for which MDC is responsible as set forth in this Agreement. MDC shall pay ACHD within THIRTY (30) days after receipt of ACHD's bill referenced in Section V.7.6 of this Agreement in cash or other immediately available funds. 7.8 MDC shall be solely responsible for determining that the work for the construction of the MDC Lighting Project is Substantially Complete and will provide ACHD evidence of said acceptance and determination in writing. MDC shall be solely responsible to notify ACHD in writing when Construction Completion may be issued for the MDC Lighting Project. 7.9 In accordance with and subject to, the Cost Share Ordinance and the terms and conditions of the Cost Share Permit as may be issued to MDC by ACHD, MDC, as a co - permittee with the CITY, shall be secondarily responsible for operation and maintenance of the work for the construction of the MDC Lighting Project once said MDC Lighting Project work becomes operational and shall take on such responsibilities in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement. 7.10 ACHD shall transfer to MDC for the benefit of MDC, all warranties in the Construction Contract relating to the MDG Lighting Project, Page 13 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 13 7. I 1 ACHD shall transfer to MDC for the benefit of MDC, all title in the work for the construction of the MDC Lighting Project, SECTION Vl. INDEMNIFICATIONS 1. ACHD 1.1 ACHD shall,, subject to the limitations hereinafter set forth, indemnify, save harmless and defend regardless of outcome, CITY and/or MDC from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by ACHD or ACHD's officers, agents and employees while acting within the course and scope of their employment, which arise from or which are in any way connected to the ACHD Phase Two Project. Any such indemnification hereunder by ACHD is subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). Such indemnification hereunder by ACHD shall in no event cause the liability of ACHD for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of CITY and/or MDC. 1.2 For any claims or actions arising out of the ACHD Phase Two Project, ACHD's obligations pursuant to this Section VI.1 shall survive the termination of this Agreement. 2, CITY 2.1 AS TO THE CITY WATER AND SEWER PROJECT, CITY SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS ACHD FROM ANY CLAIM OR ACTION BY ANY THIRD PARTY FOR REIMBURSEMENT OR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF ANY CLAIM FROM ANY CUSTOMER FOR LOSS OF SERVICES) ARISING UNDER THIS AGREEMENT OR FROM ANY BREACH OF THIS AGREEMENT, OR ARISING OUT OF ANY ACT OR OMISSION OF EITHER PARTY HERETO, ITS EMPLOYEES, SERVANTS, CONTRACTORS AND/OR AGENTS. 2.2 As to the CITY ater and Sewer Project, CITY shall, subject to the limitations hereinafter set forth, indemnify, save harmless and defend regardless of outcome, ACHD from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by CITY or CITY's officers, agents and employees while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Water and Sewer Project. Any such indemnification hereunder by CITY is subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). Such indemnification hereunder by CITY shall in no event cause the liability of CITY for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of ACHD. Page 14 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 14 2.3 As to the CITY Landscape Project, pursuant to the Cost Share Ordinance and any Cost Share Permit issued to CITY there under for the CITY Landscape Project, CITY shall indemnify, defend, and hold harmless ACHD and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, mechanics and other liens, arising out the construction, installation, design, use, operation, repair, maintenance, and removal, of the CITY Landscape Project, or that otherwise results from the use, operation, maintenance, design, construction, installation, repair, and occupation of the Right -of -Way by CITY for the CITY Landscape Project, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by CITY (it being specifically agreed that ACHD as the indemnitee may retain its own counsel in connection with any such action, and MDC shall be solely responsible for any attorney fees and costs incurred by ACHD). 2.4 As a co -permittee on the MDC Lighting Project, pursuant to the Cost Share Ordinance and any Cost Share Permit issued to CITY there under for the perpetual maintenance and operation MDC Lighting Project, CITY shall indemnify, defend, and hold harmless ACRD and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, mechanics and other liens, arising out its use, operation, repair, maintenance, and removal, of the MDC Lighting Project, or that otherwise results from the use, operation, maintenance, repair, and occupation of the Right -of -Way by CITY for the MDC Lighting Project, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by CITY (it being specifically agreed that ACHD as the indemnitee may retain its own counsel in connection with any such action, and CITY shall be solely responsible for any attorney fees and costs incurred by ACHD). 2.5 For any claims or actions arising out of this Agreement, CITY's obligations pursuant to this Section VI.2 shall survive the termination of this Agreement. 3. MDC 3.1 Pursuant to the Cost Share Ordinance and any Cost Share Permit issued to MDC there under for the MDC Lighting Project, MDC shall, to the extent permitted by Idaho Law, indemnify, defend, and hold harmless ACHD and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, Iiability, cost, injury, death, damages, mechanics and other liens, arising out the design of the MDC Lighting Project, or, following completion of the MDC Lighting Project, MDC's use, operation, repair, maintenance, and removal, of the MDC Lighting Project, or that otherwise results from the use, operation, maintenance, design, repair, and occupation of the Right -of -Way by MDC for the MDC Lighting Project, and including any attorney fees and costs that may be incurred by ACRD in defense of such claims or actions indemnified against by MDC (it being specifically agreed that ACHD as the indemnitee may retain its own counsel in connection with any such action, and MDC shall be solely responsible for any attorney fees and costs incurred by ACHD). 3.2 ACHD shall, to the extent permitted by Idaho Law, indemnify, defend, and hold harmless MDC and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, Page 15 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 15 mechanics and other liens, arising out the construction and installation of the MDC Lighting Project including any attorney fees and costs that may be incurred by MDC in defense of such claims or actions indemnified against by ACHD (it being specifically agreed that MDC as the indemnitee may retain its own counsel in connection with any such action, and ACHD shall be solely responsible for any attorney fees and costs incurred by MDC). 3.3 For any claims or actions arising out of this Agreement, MDC and ACHD's obligations pursuant to this Section VI.3 shall survive the termination of this Agreement. SECTIONVAI . TERM OF AGREEMENT 1. ACHD 1.1 As to the work described in Section I of this Agreement and the mutual obligations relating thereto, it is anticipated that this Agreement shall terminate upon the satisfactory completion of the work and satisfaction of the obligations of ACHD and CITY and otherwise, the term of this Agreement shall be in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 2. CITY 2.1 As to the work described in Section 1I of this Agreement and the mutual obligations relating thereto, it is anticipated that this Agreement shall terminate upon the satisfactory completion of the work and satisfaction of the obligations of ACHD and CITY and otherwise, the term of this Agreement shall be in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 2.2 As to the work described in Section III of this Agreement and the mutual obligations relating thereto, if a Cost Share Permit is issued to CITY as provided in this Agreement, the term of this Agreement shall be perpetual as to the CITY's maintenance of the sod, landscaping and irrigation facilities subject to such Cost Share Permit, subject to annual appropriation of such maintenance cost by the CITY as provided in the Cost Share Ordinance and any Cost Share Permit issued to CITY under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shall not terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. 2.3 As to the the work described in Section V of this Agreement and CITY's status as co -permittee, primarily responsible for the perpetual maintenance and operation of the work as set forth in Section IV of this Agreement and the mutual obligations relating thereto, if a Cost Share Permit is issued to CITY and MDC as provided in this Agreement, the term of this Agreement shall be perpetual as to CITY's maintenance of the work, subject to annual appropriation of such maintenance cost by the CITY as provided in the Cost Share Ordinance and any Cost Share Permit issued to CITY under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shalt not Page 16 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 16 terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. 3. MDC 3.1 As to the work described in Section V of this Agreement and the mutual obligations relating thereto if a Cost Share Permit is issued to MDC and CITY as provided in this Agreement, the term of this Agreement shall be perpetual as to MDC's status as a co -permittee, secondarily responsible for the perpetual maintenance and operation of the work in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement and MDC takes on such responsibilities, subject to annual appropriation of such maintenance cost by the MDC as provided in the Cost Share Ordinance and any Cost Share Permit issued to MDC under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shall not terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. SECTION VIII. JURISDICTION CITY and MDC each acknowledge and agree that ACRD has exclusive jurisdiction of the public Right -of -Way on the ACRD Phase Two Project. ACHD may grant a license and/or a Cost Share Permit to the CITY and/or MDC for the limited purpose of entering upon the Right- of-Way ight- ofWay which is the subject of this Agreement, to install, maintain, repair and replace the lighting and related infrastructure and to plant, install, maintain, repair and replace the landscaping and related sprinkler irrigation infrastructure within the Right -of -Way subject to the approval of a license and/or a Cost Share Permit. CITY and MDC each agree that this grant of a license and/or permit by ACHD does not grant or confer upon CITY and/or MDC any rights over such public Right -of -Way other than specifically granted by ACRD to CITY and/or MDC under the terms of this Agreement. SECTION IX. GENERAL PROVISIONS 1. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. 2. Contact Information. The contact for ACHD shall be the Project Manager for the Meridian Split Corridor Phase Two Project at (20$) 387-6249. The contact for CITY shall be the �rj)ttt Cv at (208) 4(� 2, The contact for MDC shall be tKe at (208) O , 3. Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4. Attorney Fees. in the event of any controversy, claim or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising Page 17 of 21 ACHD/City of Meridim/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 1 from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 5. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. 6. Exhibits, All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 7. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. This Agreement may not be enlarged, modified, amended or altered except in writing signed by all parties hereto. 8. Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD and CITY and MDC. 9. Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 10, Counterparts. This Agreement may be executed in three or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 11. No Third Parte Beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or constructed to create, any third party beneficiary of this Agreement. 12, Draftine. All parties have been represented by counsel and no party shall be deemed to be the drafter of this document for purposes of interpreting an ambiguity against the drafter. 13. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. 'Warranty of Authority. All signatories to this Agreement represent and warrant that they have the have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. 15. Non-Waiver of Breach. Failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce Page 18 of 21 ACRD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 18 any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD, CITY and MDC. 16, No Joint Venture. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to Iiability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 17. Time of the Essellce. Time shall be of the'essence for all events and obligations to be performed under this Agreement. 18. MDC Existence Not Perpetual. So far as they pertain to MDC, the duties and obligations under this Agreement shall only exist so long this Agreement remains in effect and so long as MDC is in existence; provided however, that the duties and obligations under this Agreement shall be binding upon, and shall inure to the benefit of MDC's lawful and approved successors and assigns if any. End of Agreement [Signature page follows.] Page 19 of 2l ACRD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 19 IN 'WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. City of Meridian: Meridian Development Corporation: By: Tatnm�4i Weerd By: ie,Pipal Its: May Its: Chair Ada County Highway District: ebeoca W. Arnold Its: President ATTEST: ' 'ector, Bruce S. WotTg Page 20 of 21 ACRD/City of Meridian/Meridian Development Corporation Joint Project interagency Agreement Meridian Split Corridor Phase Two F$hi.hi»t a E E=BITS Attached Page 21 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Exhibit A, page 21 FRANKLIN ROAD Wul" STkm TAYLOR AWN(M ADA STMT BOWER STREET UNION PACIFIC )ROADWAY AVENUE IDAHO AVENUE PINE AVENUE t m > 221 JE z ME" > mA:, I AVINQU VA AVENUE SHERRY FAIRVIEW AVENUE LANE c'I'vAct ONVE Exhibit A. page 22 Exhibit A, page 23 EXHIBI r- EXHIBIT-.-- g --�) - A, -Page----25 Lit 011 77" I}far ACLIt- R AR. J3 Tog f Of" 1' IN -4-9 AV E ......... KI bAbi-t—A,page 27 �4 will, W-1 'vl i, j 011 77" I}far ACLIt- R AR. J3 Tog f Of" 1' IN -4-9 AV E ......... KI bAbi-t—A,page 27 µ Exh; h t A, page. -2R __ „�Exha,b�.t ?�_ . L9� 29 _.. __.. _. . A Exhibit A, page 30 c M Z KING ST ADA AVE 00WEA AVE 0 ROADMY AVE IVAHO AVE PINE AVE STATE AVE CARLTON AVE WASHNGTON ST ea CHORRYAVE MAPLE AVE ELM AVE FAIRVIEW AVE CHERRY LN sommum JMERIDIAN RO AND MAIN ST PLrrPLrr CORRIDOR - PHASE 2 4�'E_E 7.1--.— F COMR sw* F�MUILMU ..._,Exhibit A. page 31 w r ic 0 2 m -4 0 2 -4 5 > I co o m o > > ,c m z m EXHIBIT B Crossing Location See Exhibit D-1 attached hereto. EXHIBIT C Purpose of A reg ement The purpose of this Agreement is to permit the City to construct, operate, and maintain grass landscaping, sprinklers and trees within the District's fee title property and/or easement for the Rutledge Lateral, at the approximate location of 21 E. Bower Street, in in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1, attached hereto and by this reference incorporated herein. The trees shall only be located only on the northeast side of the Rutledge Lateral and the drip area for said trees shall be located away from the top of the bank for the Rutledge Lateral. b. Because of the location of the landscaping and sprinklers and the fact that the District will continue to need access to Rutledge Lateral and the weed rack at Meridian Road, the City acknowledges and agrees that the District will need to routinely drive upon the landscaped area with the District's personnel and equipment, and that the District shall not be liable for any damages which shall occur to the landscaping or sprinklers in the reasonable exercise of the rights of the District in the course of performance of access to, operation, maintenance or repair of the Rutledge Lateral. Further, should the trees or landscaping need to be trimmed or removed in order for the District to access, operate, maintain or repair the Rutledge Lateral, it shall be the City's obligation and cost of removing or replacing the trees or landscaping. C. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. d. The City hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's discharge and other activity which is the subject of this agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs AGREEMENT - Page 7 associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Construction shall be completed one year from the date of this agreement. Time is of the essence. AGREEMENT - Page 8 N I RD . ..... . . ........ I Meridian Split Corridor I Landscape Plan - Area 2 & 3 Landscape & Irrigation N) ,i", '." Igo HT ff _ � � V fs F� K X I RD . ..... . . ........ I Meridian Split Corridor I Landscape Plan - Area 2 & 3 Landscape & Irrigation N) ,i", '." Igo Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 60 PROJECT NUMBER: MDA 13-014 ITEM TITLE: Cope Subdivision Development Agreement for Approval: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument # 107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations MEETING NOTES Community item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 1 BOISE IDAHO 11/07/13 01:36 PM DEPUTY Che Fowler 'll I'll"IIII'II'�I�I'll'I"'ll� I' (I� RECORDED -REQUEST OF 113127 City of Meridian ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Auto Mall, LLC, Owner/Developer This addendum is made and entered into this (9 day of tJp\ie_mbty , 2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, ID 83642, hereafter called CITY and Meridian Auto Mall, LLC; whose address is 8854 W. Emerald Street, Suite #260, Boise, ID 83704, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that certain Development Agreement dated December 20, 2006 (Instrument # 107005525) on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: L OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically to Section 5.1 of the original Development Agreement as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. 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. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE I OF 4 3. The applicant will be responsible for all costs associated with the sewer and water service extension. 4. Any existing domestic wells andfor 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 ofMeridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Prior to issuance of nay building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6. All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated .lune, 2006 shall be constructed prior to any certificate of occupancy. 7. Construction of the 10, 800 square foot vehicle sales and service facility shall substantially comply with the conceptual elevations attached in Exhibit R ^, 8. Development of the property shall substantially comply with the concept plan attached in Exhibit C. Future development of the three (3) pad sites shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 2 OF 4 /'\ 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Meridian Auto Mall, By: _ J 4e?i CITY OF MERIDIAN Attest: By: Mayor T 1 r1y de Weerd U"EP ayc� L. Dolman, City Clerk STATE OF IDAHO . ss: County of Ada, ) On this dayof _, 2013, before me, the undersigned, a Notary Public in and ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 3 OF 4 /'1 for said State, personally appeared b,W& T,Q 6� known or identified to me to be the Ma'NX O_Lr of Meridian Auto Mall, LLC, and acknowledged to me that he executed the s e on behalf of said Limited Liability 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. TRESSA SHUTTLEWORTH Notary Public State Of Idaho Notary Public for Idaho Residing at:,Q My Commission Expires: 0J STATE OF IDAHO ) ss County of Ada ) On this �� day of jQ0\jecnbew- , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument 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. J.tlr;�� ,p (SEAL) ." 6 p � Puj3 96 ♦ ety ! (ry IR � Sa Aw' ��y``� °*04 c ��oAlryPublic or Idaho Residing at: )•..(t,yj j i n n t Commission expires: -,\,, ,., A. , Z>ot d ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 4 OF 4 Exhibit A - Property Description sic—A—b9m A, tvalto Gang ltinc,,11C enpineere & surveyom 120 N. Cualt Road Id. 83906 (208) 376•SS55 FAX(208)42P-9862 P.N. 2274 YUN II 13, 2006 ANNEXATION I)MCRIPTION FO11 COPE PROPURTYBOUNDARY A PARCZL. OP LAND VMG A PORTION OF 17M SOU7IRMT QUARTER OF THU SOUTiAMT QUARTER (OOVHRNMENTLOT 4) OF SUCTION 18, TOWN" 3 NORTH RANOB i HAST, ROM MERIDIAN, AVA COUNTY, WANO, AND MORE PAR.TICULARY DESCRUIED AS FOLLOWS; COM MUNC03 AT TIM SO(1THMT CORNER OF 8M SEWTION 18, T.IWca NORTH 89° 43'32" EANt ALONR TM SOUTH BOUNDARY OF SAID SE [ON 18 FOR A DISTANCE OF 174.30 FM- T, To TIM PXAL POINT OF BEGTNNTNG; THRUM NORTH 99° 43'32" EAST ALONG SAN SOUTH IIOUNDARY FOR A DISTANCE OF 457,98 RM., TMCR NOR771 V1618" WEST FOX DISTANCE OF 45.00 P=-, 7HBNCI3 NORTH 335' 14"RAST (FORMERLY SHOWN OF RECORD AS NORTH 39°33'22" BAM FOR A DISTANCE OF 15.96 FEET; TIVNCE NORTH 0°45'10" FAST (FORMURLY SHOWN 01: RSCORD AS NORTH' 0°13' MY) FOR A DISTAXCE Of 368.63 PIMT,' THENICE SOUTH 89°28'41" WMT (BORNMYSHOWN 0f RECORD AS SOUTH( 88'42' WEST) FOR A DISTANCE OF 569.41 IM, TIMCH SOUTH S2004'%" EAST (FOX&MRLY SHOWN OF RECORD AS SOUTH 5)°07' EAST) FOR A DISTANCE OF 29.41 PELT; TWN10$ &OUTH 25042'SG" EAST (FORMMY SHOWN OF RECORD AS SOUM 26°45' EAST) FMA DISTANCE OF 60.00 MT', THENCE SOUTH V02'04" EAST (FORMERLY SHOWN OF IWCOAD AS SOUTH I0°04' $AST) FOR. A DISTANCE OF 300.02 KMT, 7-0 TIM NORTH RION1' OF WAYUNK OF OVERLAND ROAD; C.UlrojmUNCoae PmpotyVnn Auer (2274)1Dowmen1s1COP1113OUNDAA.Y ANNRX.doo•2 ?00,'\ ; ll� nMNCR SOMI O(PIG'N' BASTFOR A DMANCE Olt 54,SO pMT TO IM REAL POINT Op BHOD#MG CONTAI WCI 4.85 ACRES OP LAND, MORE OR L Es& PRVIARE) BY; TODD IL, WArM � ppV a n t o oU eca�ai«� +N Qftgjomx sopa Pmperty-Vau Auk' (2274)Mocwmts%C0?9 BOUNDARY- Exhibit B —Building Elevations C) E#erior�levation-South n Exterior Elevation- NOM.i awed• c Exterior Elevation - East 'v __.V, ^ EMerior Elevation -West savrau ra Exhibit B — Cope Subdivision 11� le \ Exhibit C — Concept Plan ADA COUHIGHWAY DISTRICT i PARAR KB RIDE I '•; AXIOM FITNESS I !` N PHi S COUNTRY TERRACE PL I I "1 KENDALL FORD r ° Lii lJ f+ ©- ------------ –-------------- � f , I TOTAL PARRUIO 136 SPACES �+ MMm SVFs ' i , ('"-- TOTAL BUBDING ARFA32.OSO SF wru 6SERVIMFACUN C70 jj I C i ij �i 1 fv y ---------� e ------ - ----- ;- rn t-- -------- ------- o — _-------------- , ,j• ' W . .- 1 --------------- KENDALL FORD - 00-- Q 0 1hj 1 _--------------------E OVERLAND ROAD _—_--r „ ---------- CONCEPTUAL SITE PLAN krnxle.mw Cope Subdivision — Exhibit C DA -SP Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6P PROJECT NUMBER: AZ 13-007 ITEM TITLE: HACIENDA SOUTH SUBDIVISION FINDINGS Findings of Fact, Conclusions of Law for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium -Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6Q PROJECT NUMBER: PP 13-016 ITEM TITLE: HACIENDA SOUTH SUBDIVISION FINDINGS Findings of Fact, Conclusions of Law for Approval: PP 13-016 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety -Three (93) Residential Lots, Thirteen (13) Common Lots and One (1) Other Lot on Approximately 19.63 Acres in the Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6R PROJECT NUMBER: PP 13-020 ITEM TITLE: GOLDEN VALLEY SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty -Two (22) Single Family Residential Building Lots and Four (4) Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4 WLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6S PROJECT NUMBER: PP 13-019 ITEM TITLE: COPPERLEAF SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Four (4) Common / Other Lots on 2.82 Acres of Land in the R-8 Zoning District MEETING NOTES Community ItemiPresentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E4MLED TO SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6T PROJECT NUMBER: MDA 13-016 ITEM TITLE: COPPERLEAF SUBDIVISION Findings of Fact, Conclusions of Law for Approval: MDA 13-016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual Development Plan and Building Elevations MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &NAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6U PROJECT NUMBER: TEC 13-006 ITEM TITLE: SHOPS AT VICTORY Findings of Fact, Conclusions of Law for Approval: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2) Year Time Extension on the Conditional Use Permit to Commence the Approved Use MEETING NOTES V � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6V PROJECT NUMBER: TEC 13-007 ITEM TITLE: Woodland Springs Subdivision Final Order for Approval: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6W PROJECT NUMBER: FP 13-037 ITEM TITLE: WOODLAND SPRINGS SUBDIVISION Final Order for Approval: FP 13-037 Woodburn West Subdivision No. 1 by Northside Management Located North of W. Ustick Road Approximately 1/4 Mile East of N. Linder Road Request: Final Plat Approval Consisting of Fifty -Two (52) Building Lots and Ten (10) Common/Other Lots on 25.75 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6X PROJECT NUMBER: VAC 13-005 ITEM TITLE: RESOLUTION Resolution No. 13-9(00 : VAC 13-005 Spurwing (AKA Spurwing Challenge) by The Club at Spurwing, LLC Located on the North Side of Chinden Boulevard, West of N. Long Lake Way Request: Vacate a Portion of the 12 -foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Platted on Lot 78, Block 1 of Spurwing Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 11/07/13 01:36 PM DEPUTY Che fowler III IIIIIIIIIIIIIIIIIIIIIIIIIIIiII I III RECORDED -REQUEST OF City of Meridian 113122971 CITY OF MERIDIAN RESOLUTION NO. 13 - Cl (00 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF THE 12 -FOOT WIDE PUBLIC UTILITY, IRRIGATION AND DRAINAGE (PUDI) EASEMENT PLATTED ON THE EAST BOUNDARY OF LOT 78, BLOCK 1 OF THE SPURWING SUBDIVISION LOCATED IN A PORTION OF THE SOUTH % OF THE SOUTH % OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 15, 2013 the City Council of Meridian, held a hearing on the vacation of a portion of the 12 -foot wide public utility, irrigation and drainage (PUDI) easement platted on the east boundary of Lot 78, Block 1 of the Spurwing Subdivision located in a portion of the South % of the South '/z of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the portion of the 12 -foot wide public utility, irrigation and drainage (PUDI) easement platted on the east boundary of Lot 78, Block 1 of the Spurwing Subdivision located in a portion of the South '/2 of the South %i of Section 23, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION — SPURWING SUBDIVISION - VAC 13-005 Page 1 of 2 /0-1\ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this V` of ''i� o.�e.,��ze-o2 , 2013. ATTEST: JayceA,�Holman, City Clerk STATE OF IDAHO, ) ) ss County of Ada ) Mayo mmy de ' eerd City of di��Ii7z N�. I�AHO SEAL P On this _ day of LLL m 6e/e , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day aranc�y�ar first above written. 000 G A J01ir'•. T AR�'cP: (SEAI;"? ' , '� •; N ARY I AHO • • RE IDIN A e+-� art [2 •. 1'[�G,-o, MY COMMISSION EXPIRES: I •••S•'1,y1;E OF 19�• ••...••• VACATION — SPURWING SUBDIVISION - VAC 13-005 Page 2 of 2 Exhibit A.'• — PTJD1 Proposed to be Vacated EmSTING 12' PUBLIC UTILITIES I I DRAINAGE, AND IRRIGATION I EASEMENT As DESCRIDEO ON THE SPURWING SUBDIVISION PLAT TO REMAIN. I 7 i N SPURWING LANE ( l (PRIVATE') ( Cl _ I ExISTIN{i 12' PUBLIC UTUTIES I DRAINAGE, AND IRRIGATION EASEMENT AS DESCRIBED ON L2 THE SPURINING SUBDIVISION PLAT TO REMAIN. , 1.4 ('�) PROPOSED 12' PUBLIC I I m UTILITIES EASEMENT I r I fii G VACATED + N SPURWING WAY '-`"— t- ExISTINO 12' PUBLIC UTILITIES, DRAINAGE, AND IRRIGATION — -i EASEMENT TO BE VACATED I" INTERM Ul AIAINI ° GAS EASEMENT I L14 'h rr err I LI2 10 C.P.p. 01 084774 - iia' L17 2223 d 26 V - _— LEGEND 0 GRAPHIC SCALr: 0 50 too m...r—N (IN FEET) I Inch - 100 ft. DLOCTC 1 UNIT 7 HLE -------------EASTING EASEMENT UNE LINE LENiOTH BlARINC . 1 12.00 ' L2 52. 6 C4 12.08 EXHIBIT B L4 52.74-W NORM SPURWING IANH �-- - 108-00 111r, 18�215.06 - 6p4 03' W LOCAM IN A PORTION Or TIM L7L8 �jl 3 S 89`11'21" E 2627.81' 40106' ' L9 LIOl IO9,i - L11 1 '4 - L12 9., ' 13 1 NOO'4W5& L14 .106.9a i' 18 1.16 -7 48.08WE 12.00' - GRAPHIC SCALr: 0 50 too m...r—N (IN FEET) I Inch - 100 ft. DLOCTC 1 -------------EASTING EASEMENT UNE �i — — — — — -- PROPOSED EASEMENT LINE SECTION LINE + VACATED RICHT-OF-WAY UNC lis "�psQ; C4 EXHIBIT B I,T•d. RIQiT OF WAY NORM SPURWING IANH �-- - "gryz'24. EASOMENT MODIFICATIONS C3 - 6p4 03' W LOCAM IN A PORTION Or TIM �OLILCYARD Nez';s•r�- W 3 S 89`11'21" E 2627.81' 40106' 26 1/4 COR C.P.F. /108139967 -- — LOT BOUNDARY/RIGHT-OF-WAY LINE -------------EASTING EASEMENT UNE — — — — — -- PROPOSED EASEMENT LINE SECTION LINE VACATED RICHT-OF-WAY UNC 4 SPURWNG CHALLENGE SUBDIVISION LAT 6 FOUND ALUMINUM CAP EXHIBIT B NORM SPURWING IANH im-QUodrarTt EASOMENT MODIFICATIONS LOCAM IN A PORTION Or TIM Consulting, Inc. SOUTH J/2 OF THE SOUTH 1/I/ Or SECTION 23, T,4I4., RJW.. 0,11. 'W W#dOWAW^"' ' CITY OP 1IBRiD1AN, ADA COU TY, IDATIO f#w 44--v�.�� (7�0} ;NST-K�7 fAK Spurwing Subdivision -- VAC -13-005 Meridian City CoundH Meeting DATE: November 6, 2013 ITEM NUMBER: 6Y PROJECT NUMBER: FP 13-039 ITEM TITLE: Tradewinds Subdivision No. 2 FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN, LLC Located at the Southeast Comer of S. Victory Road and E. Locust Grove Road Request: Final Plat Consisting of 22 Single -Family Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District. I MEETING NOTES zr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 6Z PROJECT NUMBER: FP 13-040 ITEM TITLE: Touchstone Place FP 13-040 Touchstone Place by Iron Mountain Real Estate Inc. Located on the South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Final Plat Consisting of 16 Multi -Family Lots and 7 Common/Other Lots on Approximately 4.49 Acres in an Existing R-15 Zoning District. MEETING NOTES C✓i ED Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4WWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: MYAC Mayor's Youth Advisory Council Update MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Councii Meeting DATE: November 6, 2013 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Pollice Department. Police Department: Public Safety Training Center Update MEETING NOTES 5, o sa, b 38, CD Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS wi LJ I )tr-14 z -- I I wi V1 � ~ V • �I V O � V V PO OP* V O � � wi � Q� • rl •� ct N • CA O ' a ct � � o CCj ct 4) . ct ct Ct ° c N ° ° ct 4-4 Ct ct w O ct 0 e O ►C Q cW G W UI V) H X w z O U w H oc w H z iJ v 0 z z a LLJ v_ J O a. z Q 0 LU 0 r�•-1 4� ct ,!t ct OF 4J �� ct � � U U � � C a� ct ct ct � U ct U ct �--� O � � ct 4J _ O ct .� ct � ct st CIO ct ct u ct a� p • ct ct 4 ct Ct O U ct .� i I �d"� ii u90 3 — a4) �I v COVERED w ;E � ENTRY r y. � w' Z Z LL �TT—�t s V rye �Zm � } 01 rm I(im p wD JJO � 9 Z O O y Z� .o og gZ Milo V rye �Zm � yr ww O ct .O ct � W O 4� +� U ct 4� bfJ Q ct 'ct O O Ct O O d 0 (1) b1J O cn ct O EM: t1 E o 0 0 LL H C_ 'O �7 m C d E t R Q. d 0 y V O IL L. 0 0 LL N C 7 m C d E m a a� 0 0 a n O ^^ M � � N Cly O ct ct r�ct O O n N to ct Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4MLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9A PROJECT NUMBER: TEC 13-005 ITEM TITLE: CAVANAUGH SUBDIVISION Continued from October 22, 2013: Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES <tY Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4 Ap.ED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9B PROJECT NUMBER: MFP 13-002 ITEM TITLE: REFLECTION RIDGE SUB. 2 MFP 13-002 Reflection Ridge Sub. 2 by Mission Coast Properties ID, Inc. Located 4275 S. Locust Grove Road Request: Modification to the Final Plat for Reflection Ridge Sub. 2 to Remove the Stub Street to the North Across the Ridenbaugh Canal MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACT/ONS DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9C PROJECT NUMBER: PP13-018 ITEM TITLE: Olson & Bush Subdivision Public Hearing: PP 13-018 Olson & Bush Subdivision by Ronald W. Van Auker Located 2950 E. Franklin Road Request: Preliminary Plat Approval Consisting of Six (6) Building Lots on 6.81 Acres of Land in the I -L and C -G Zoning Districts MEETING NOTES =f, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9D PROJECT NUMBER: PP13-027 ITEM TITLE: Tustin T.W.O. Subdivision Public Hearing: PP 13-027 Tustin T.W.O. Subdivision by Conger Management Located North Side of E. Ustick Road, West of the McMillan/Locust Grove Road Intersection Request: Preliminary Plat Approval Consisting of Forty -Four (44) Single Family Residential Building Lots and Ten (10) Common/Other Lots on 15.26 Acres of Land in an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact InfoAotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM TITLE: Village at Cold Creek ITEM NUMBER: 9 F:%e PROJECT NUMBER: RZ 13-009 Public Hearing: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4WWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9G PROJECT NUMBER: AZ 13-010 ITEM TITLE: McLinder Subdivision Public Hearing: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C -N (6.58 acres) Zoning Districts. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9H PROJECT NUMBER: PP 13-022 ITEM TITLE: McLinder Subdivision Public Hearing: PP 13-022 McLinder Subdivision by TS Development, LLC. Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Preliminary Plat Consisting of 28 Building Lots (7 Commercial & 21 Multi -Family Residential) and 2 Common/Other Lots on 11.88 Acres of Land in the R-15 and C -N Zoning Districts. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4MMLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 91 PROJECT NUMBER: RZ 13-010 ITEM TITLE: Three Corners Public Hearing: RZ 13-010 Three Corners by C13, LLC Located at Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Rezone Approximately 31.73 Acres from the C -C (Community Business), the R-8 (Medium Density Residential) and the R-2 (Low Density Residential) Zoning Districts to the C -C (Community Business) (12.52 Acres), the R-4 (Medium -Low Density Residential) (16.51 Acres) and the R-8 (Medium Density Residential) (2.70 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9J PROJECT NUMBER: PP 13-025 ITEM TITLE: Three Corners Public Hearing: PP 13-025 Three Corners by C 13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Preliminary Plat Approval Consisting of Eight (8) Commercial Lots, Fifty -Four (54) Single Family Lots and Six (6) Common Lots to Approximately 30.27 Acres in the Proposed C -C, R-4 and R-8 Zoning Districts MEETING NOTES j n u }3 a r a Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITU►LS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 9K PROJECT NUMBER: MDA 13-017 ITEM TITLE: Three Corners Public Hearing: MDA 13-017 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. # 108022887) to Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain Sections of th DA to Reflect the Proposed Changes MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E4WWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS AND FIRE DEPARTMENT REPORTING Public Works and Fire Department: Joint Department Report Regarding the Number of Connections Allowed on a Single Water Main MEETING NOTES �X3� 64-0�"� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 6, 2013 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Mayor's Office Budget Amendment Mayor's Office: Budget Amendment for Copy Machine Purchase for the Not -to - Exceed Amount of $24,000.00 MEETING NOTES IM Rl ON Onto Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E4WWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 Ci N z zo H C V C O 0 L Q Q O h t fLy� aW� � - s x, U LL. 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