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2014-08-19 E IDIAN CITY COUNCIL REGULAR IDO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 19, 2014 at 6:00 PM 6:36 PM 1. Roll-Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Tim Pusey 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single-Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District B. FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re-Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District C. Approval Of Purchase Of ZOLL AED's, Storage Cabinets And Training Devices From Lifemed Safety, Inc For The Not-To-Exceed Amount Of $67,987.34. D. Approval Of Purchase Of Lachat Quikchem Flow Injection Analysis System And Associated Equipment For The New Lab At The Wastewater Treatment Plant From Fisher Scientific For The Not-To-Exceed Amount Of$190,471.22 Meridian City Council Meeting Agenda—Tuesday,August 19,2014 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Approval of Award of Bid and Agreement for "Public Safety Training Center - Construction" to D&A Door Specialties, Inc. (Bid Package 8) for a Not-To- Exceed amount of$69,860.00. F. Cost Share Permit Agreement with ACHD for the Ten Mile Road, Cherry Lane to Ustick Road Widening Project G. Cost Share Permit Agreement with ACHD for the Ustick Road, Locust Grove Road to Leslie Way Widening Project and the Ustick/Locust Grove Intersection Project H. Tradewinds Subdivision Sewer and Water Easement I. Amended onto the Agenda: Final Order Approving FP 14-028 Oaks South No. 2 by Coleman Homes LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Final Plat Approval Consisting of Thirty-Four (34) Single Family Residential Lots and Nine (9) Common Lots on 11.23 Acres of Land in an R-4 Zoning District 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: FY2014 Amended Budget of$91,485,197.00 Approved B. Public Hearing: FY2015 Proposed Budget of$93,757,229.00 Approved C. Public Hearing: Proposed Addition to Fee Schedule of the Community Development Department D. Resolution No. 14-1003: A Resolution Adopting the Fee Schedule of the Community Development Department, Planning Division Approved E. Public Hearing: Proposed Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department F. Resolution No. 14-1004: A Resolution Adopting the Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved G. Approval of Development Agreement: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zones Approved Meridian City Council Meeting Agenda—Tuesday,August 19, 2014 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Public Hearing Continued from July 22, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High-Density Residential) Zoning District Motion approved to continue hearing to 9/2/2014 Public Hearing Continued from July 22, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Motion approved to continue hearing to 9/2/2014 J. Public Hearing Continued from July 22, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi-Family Development Consisting of Sixty-Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Motion approved to continue hearing to 9/2/2014 K. Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Approved to include the recommendations from Ada County Highway District in the Development Agreement L. Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District Approved with Conditions including the development of a task force to work towards sidewalk connectivity M. Public Hearing: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision Motion approved to continue hearing to 9/16/2014 N. Public Hearing: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy Meridian City Council Meeting Agenda—Tuesday,August 19, 2014 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District Approved CrossingSubdivision byLEI O. Public Hearing: PP 14-011 Chinden and Linder Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C-C Zoning District Approved P. Public Hearing: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision Approved Q. Public Hearing: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul-De-Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones Approved 8. Department Reports A. City Clerk's Office: Room Reservation Policy Update B. Resolution No. 14-1005: A Resolution Approving the Updated City of Meridian Room Reservation Policy Approved 9. Ordinances A. Ordinance No. 14-1619: An Ordinance (RZ 09-005 Seyam Subdivision) For The Re-Zone Of A Parcels Located On The North Side Of E. Franklin Road, Approximately 1,200 Feet East Of The Eagle/Franklin Intersection In The Southwest 1/4 Of Section 9, Township 3 North, Range 1 East, And Annexing Certain Lands And Territory; Establishing And Determining The Land Use Zoning Classification Of 6.54 Acres Of Land From The C-G (General Retail & Service Commercial) Zoning District To The I-L (Light Industrial) Zoning District; And 1.12 Acres Of Land From The I-L District To The C-G District; And Providing An Effective Date. Approved B. Ordinance No. Proposed # 14-1620: An Ordinance Amending Meridian City Code, Updating References to Former Meridian City Code Section 1-4-1, Regarding General Penalties, To Reflect the Current Location, Meridian City Meridian City Council Meeting Agenda—Tuesday,August 19,2014 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Code Section 1-2-1, as Renumbered Pursuant to Ordinance 14-1608. Approved 10. Future Meeting Topics None Adjourned at 9:59 PM Meridian City Council Meeting Agenda—Tuesday,August 19,2014 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Auaust 19, 2014 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, August 19, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Genesis Milam, Joe Borton, David Zaremba and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Caleb Hood, Clint Dolsby, Mike de St. Germain, Mark Niemeyer, Chris Amenn, Stacy Kilchenmann, Todd Lavoie, Justin Lucas, Sonya Watters and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Our sincere apologies to all of you for starting this next section late. We apologize, but thank you for joining us. We will go right into our next agenda. For the record it is Tuesday, August 19th. It's 6:35. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey De Weerd: Tonight we will be led in our community invocation by Pastor Tim Pusey with the Valley Shepherd Church of the Nazarene. Thank you so much for being here. I almost didn't recognize you with the facial hair. I was going to say who is sitting there. But if you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Pusey: Father God, we bow our heads before you at the beginning of this meeting seeking your wisdom and your grace as the City Council carries out the business of our city. Thank you, Lord, for those in leadership who are willing to give of their time and energies to the concern of our city and for those who serve Meridian through the police and fire department and throughout all of the various departments of City Hall. We thank you, Lord, for this wonderful community in which we are privileged to live and the Meridian City Council August 19, 2014 Page 2 of 74 many ways in which you have blessed us and as we consider our blessings we pray for those less fortunate all around the world who many live in cities of terrible poverty and unimaginable violence and we pray also for those right here in our city who struggle with poverty. Father give our City Council wisdom and insight to make decisions that affect your community this evening. Give energy to those who have already had a very long day and when the meeting is concluded may there be a sense that something good has taken place here this evening. We ask these things in our Savior's name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: There are several additions and -- additions and corrections to the agenda. On Item 5 it's been requested to add Item H, final order approving FP 14-028 and Item 7-D, the resolution number is 14-1003. On Item 7-F the resolution number is 14-1004. Items 7-H, I and J have been requested to be continued until September 2nd. Item N has been requested to be continued until September 16th. Item 8-B, resolution number is 14-1005. Item 9-A the ordinance number is 14-1619. Item 8-B, the ordinance number is 14-1620. And with those additions, Madam Mayor, I move we approve the agenda as published. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District B. FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re - Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Meridian City Council August 19, 2014 Page 3 of 74 Approximately 6.77 Acres in the R-15 Zoning District C. Approval Of Purchase Of ZOLL AED's, Storage Cabinets And Training Devices From Lifemed Safety, Inc For The Not -To - Exceed Amount Of $67,987.34. D. Approval Of Purchase Of Lachat Quikchem Flow Injection Analysis System And Associated Equipment For The New Lab At The Wastewater Treatment Plant From Fisher Scientific For The Not -To -Exceed Amount Of $190,471.22 E. Approval of Award of Bid and Agreement for "Public Safety Training Center - Construction" to D&A Door Specialties, Inc. (Bid Package 8) for a Not -To -Exceed amount of $69,860.00. F. Cost Share Permit Agreement with ACHD for the Ten Mile Road, Cherry Lane to Ustick Road Widening Project G. Cost Share Permit Agreement with ACHD for the Ustick Road, Locust Grove Road to Leslie Way Widening Project and the Ustick/Locust Grove Intersection Project H. Tradewinds Subdivision Sewer and Water Easement Amended onto the Agenda: Final Order Approving FP 14-028 Oaks South No. 2 by Coleman Homes LLC Located South Side of W. McMillan Road\Between N. McDermott Road and N. Black Cat Road Request: Final Plat Approval Consisting of Thirty - Four (34) Single Family Residential Lots and Nine (9) Common Lots on 11.23 Acres of Land in an R-4 Zoning District De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as amended and authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you call roll Meridian City Council August 19, 2014 Page 4 of 74 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I will ask is there anyone here in attendance that was here for the public hearing on Items 7-H, I and J regarding Shallow Creek? If you will raise your hand if you are. Okay. Typically if there is a request to continue an item, it isn't always a for granted, but I do want to make sure that no one was here specifically for that item, so thank you. Anyone here for Item M -- 7-M. Okay. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: FY2014 Amended Budget of $91,485,197.00 De Weerd: So, we will move into the Action Items. Under 7-A is a public hearing on the fiscal year 2014 amended budget. Kilchenmann: The budget. We meet again. So, for the FY -14 budget, in front of you and also made available for the public is the list of amendments that you have already approved. So, I have not prepared a formal presentation to go through all of these. One item that I did want to point out to you specifically is the second from the top. It says -- well, I will shorten it, but community development equity transfer to CIP fund and it's about 1.5. So, what that is is every year at the end of the year, once we have finished completely going through the closing process and the audit, if there is money left over between the building department revenue and the building department expenses, we transfer it to the capital improvement fund, where it can only be used for capital improvement projects and this is actually per city ordinance. This amount does not represent just one year of activity, this is two or three years. So, that is one item you haven't seen before. We do that as a matter of routine when we feel there is enough money to make the transfer. So, the other items -- you have the list on the General Fund side and you have the list on the Enterprise Fund side. De Weerd: Okay. Council, any questions for Stacy? These are all items you have seen before. Okay. Kilchenmann: If there aren't any questions, then, we just need a motion to pass the amended budget. Meridian City Council August 19, 2014 Page 5 of 74 De Weerd: Well, this is a public hearing, so I will -- is there anyone in our audience who would like to offer testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no public testimony, I move we close the public hearing on FY -2014 amended budget for 91,485,197 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: FY2015 Proposed Budget of $93,757,229.00 De Weerd: Okay. Item 7-B is also under -- Kilchenmann: The FY -15 budget. So, we are here for the final meeting on the FY -15 budget -- De Weerd: Sir, we will call on you after the presentation if -- okay? Thank you. Kilchenmann: So, this budget we have all spent a great deal of time and blood, sweat, and tears on. So, I'm going to give kind of just an overview of this -- I'm not going to list every single enhancement, I'm just going to kind of give you an overview. I believe you have a summary that we have made available in the back and, then, also to you that was -- real deep detail for this budget. So, this budget is -- for the whole is about 93.7 million dollars. 93.8 million dollars. You can see the division between personnel, operating capital, and carry forward. Again, just a reminder that carry forward are actually projects that have been appropriated either in FY -14 or in prior years and have not completed. So, this year we have a substantial carry forward budget. So, of that 93 million dollars, 26.8 is from prior years. So, that's kind of an important distinction to make when you compare budgets across years. So, just like Dilbert said, we need to have our budget approved today, Tuesday. It is written in stone and I do have the only stone, that we do need to approve the budget and move forward. First I'm going to talk a little bit about the General Fund and to quickly review what we already talked about, we have talked about the revenue where the main source of the revenue is. So, I'm projecting about 39.8 million dollars in revenue this year. Of that the big chunk is Meridian City Council August 19, 2014 Page 6 of 74 property taxes, 61 percent. On the right-hand side I have divided up how the enhancements are funded per department by funding source. So, the revenue pie includes all revenue for the General Fund, including our building department revenue. The government revenue sharing number is kind of -- we are lumping a lot of items in there that consists of sales tax, any grant revenue we might know that we have, we don't recognize that until we have the grant agreement in hand. Also sharing from the -- cost sharing from the rural fire department. We get some money from liquor sales. We get some money from franchise fees, gas, electricity, et cetera. So, that's all lumped into that revenue sharing number. At the bottom kind of looked at -- every month we do a report. We estimate what the fund balance is going to be when we get to the end of this year. So, we look at it as though we collected all the revenue and budgeted and we spent all the money we budgeted. And, then, we come up with a fund balance. Then I look -- I do a projection that I update about every three months to see where we might be falling under or below the original budgeted revenue. So, just to quickly review for the undesignated General Fund, we are predicting that we will end the year at about 1.5 million dollars and we think there will probably be about 600,000 dollars in extra revenue and that primarily comes from sales tax, because we have had -- the state as a whole has had a good sales tax year and a reminder that that sales tax doesn't mean everything was purchased in Meridian. That's sales tax for the whole state that's redistributed based on population and some other parts of the state statute. The police impact fee fund, we are looking at about 200,000. Public safety about 99,000. So, we are using both of those sources for the training center. So, there won't be a lot left. The capital improvement fund, two million, which includes that transfer I just talked to you about, plus probably 900,000 to maybe a million dollars from the building department for development growth and, then, the impact fee from fire, about 1.2 million. If we look at the budget and compare and look at '14 to '15, we just looked -- we just approved the amended budget for '14. That amended budget included appropriation of new money of about four million. So, throughout the year that list of projects you see totals four million. There is also a number in there that we call adjustment of carry forward and what we are doing when we do that is we have to set the budget, we do it in June, so in July, August, September, departments are working on their projects. So, that 26 million dollars you saw is not going to be -- part of it will be spent. So, by the time we get to year end it won't be 26 million, our budget will come down by the amount of projects that were completed. So, the amendments were about nine percent of the original budget. So, that original '14 to the final '14 increased by about nine percent. So, if we look at changes between '15 and the final '15 budget -- or '14 budget, the one you approve tonight -- personnel increased eight percent. Operating decreased ten percent. Capital increased 72 percent. And where did that capital go? It went into the carry forward, which increased 115 percent. So, don't be alarmed by the 115 percent, it just means what we had in '14 wasn't all done when we had to set this budget or prepare this budget in June. So, looking in the total, the total budget changed from '14 to '15 three percent or about 1.2 million, 1.3 million. The graph -- the chart just shows you a historical look at budgets for -- our budgets for the General Fund for the last five years. These are some fun trivia items, because we have talked about this budget so much, that when you're at cocktail parties, everybody can bring these trivia items up, so when you're playing finance trivia -- Meridian City Council August 19, 2014 Page 7 of 74 De Weerd: I'm sure they will be riveted. Kilchenmann: They will be. De Weerd: By hanging on every word. Kilchenmann: You got to do something different. So, this is the General Fund budget by department. It's 49.1 million. Each department is very unique. They have different compositions of personnel and operating, different revenue sources, and this also holds true compared to the Enterprise Fund. So, if we look at parks and recreation, there are actually 20 percent personnel and operating and 64 percent capital. So, the bulk of that piece of the pie you see for parks is in capital. Of the 6.3 million dollars in capital that you will be approving tonight, 2.5 is funded by impact fees. The administration function, which shows as that gray slab, is made up of several departments. We have Finance, IT Council, Mayor, Legal, HR, City Clerk, City Hall, Other Government and street lighting and I might have forgotten somebody. Sorry if I did. Then we look at that piece of public safety. So, obviously, public safety is where the General Fund budget is and the enhancements are increases in this budget -- are really about public safety -- this year specifically police. So, public safety is 62 percent of the total budget, which is 30 million dollars. Property tax revenue is 24 million dollars. So, you can see there is a difference there of about six million dollars. So, our property tax does not cover the cost of public safety. So, growth from property tax does not pay for public safety. Twenty- three million of that 30 million dollars in public safety budget is in personnel and operating. So, those costs are not going to go away. Those are ongoing costs. The Meridian Rural Fire District pays about 13 percent -- well, not of the rural department, but of our budget, and this is a big change. In '13 they contributed as high as 20 percent, but the boundaries change and their desires change, we reverted to the formula that we originally contracted for, so we actually do a population calculation and this year they will be contributing 13 percent. So, the city is picking up a higher piece of that. Community development, which is the little piece I always try to make look like it's a building, like wood grain. It's a combination of planning, building, and economic development. So, their budget is 40 percent personnel and 60 percent operating. Very different from the other General Fund departments, but so much of their budget is in operating. Their operating budget will vary significantly depending on development, because they use the building contractors. So, when development is up their revenue is up, their operating budget is up and vice -versa. So, if you look at them across time and try to compare trends, you will see their budget will go up and down and up and down. So, just a swing through the general -- the FY -14 General Fund budget request. General Government -- and these individual items that I selected -- I picked the bigger items. They don't necessarily total -- like the 422,00 is the total amount in General Government. It includes the parking lot and a quarter is paid by the Enterprise Fund and I think I have the whole amount in here. And so part of this is in the Enterprise Fund. And we have also, as far as personnel, asked for a software engineer and to increase one of our engineers -- software engineers to full time. We have a road landscaping project for the Meridian interchange at just under 500,000. Computer Meridian City Council August 19, 2014 Page 8 of 74 software replacement. This is for everybody, all General Fund departments, including Parks, Fire, Police, et cetera, for 218,000 and a building official for 92,000. For the building official we have actually got in a reduced part of our expense. So, it's not just 92.6 million -- and I can ask Todd later for the exact amount of the reduction. Parks and Recreation, we are looking at a couple projects that are funded just by impact fees. The park's name -- Bellano Creek development design and, then, the park William Watson, for -- start development for half a million. We always do a hundred thousand in connection -- pathway connections for the parks department. They have asked for an administrative assistant for the recreation program and their revenue has increased substantially. If you go back and look at trends and the revenue, you can see how their recreation revenue just continues to increase, so they do -- have demonstrated a need for this assistant and, then, they also have some equipment and vehicle replacement of about 106,000. Fire's total enhancements are 118,000. Included a part-time public education specialist for 30,000. Some equipment for about 60,000. And, again, I'm picking up the bigger things. And turn out washers for 25,000. The really major thing in the fire budget are the replacements and it's the air packs. We may have a grant for it. We don't -- haven't signed on the dotted line, so we don't count our chickens before they -- but right now we are looking at 380,000 for that. For the Police Department, their enhancements total 1.3 million. This year it was police's turn. They have held off for a couple of years, but this year they are asking for 4.5 sworn officers for just a little over half a million dollars that includes an SRO that's funded partly by another agency, so we have included that in our revenue number. DUI enforcement, detective, and special projects. They are asking to reset the sworn officer STEP plan for 493,000. Body cameras for 91,000. Their replacements, which include vehicles, dogs, and some equipment, about 356,000. So, the final request in this budget is we do have some difference between revenue and expenditures. We are asking -- we plan to transfer that excess, which is 430,000, from the General Fund to the Capital Improvement Fund. When we look at what was done in the last ten or so years, we have done a lot of projects. We have had a lot of growth. We have added fire departments. We built the City Hall. We added parks. We have burned through a lot of money in capital. So, now it's time for us to replenish. We are again in a growth period. We are starting to see our population make increases that will -- in order to maintain our service levels we will need to do big capital projects again. In order to do that we need to start saving again. So, that's what we plan to do with any excesses from this FY -15 budget. And we switch to the Enterprise Fund. So, a quick review. This is the city -- this is the Enterprise Fund revenue budget, 28 million. Biggest piece of this comes from water and sewer sales. Biggest piece from sewer sales. In FY -15 we were also dipping into the fund balance for 1.8 million, because, again, to beef up the capital projects. We also do a fund balance estimate for them. So, we are estimating 26.2 million. We also expect -- because assessment revenue has been strong that we will probably have an extra 2.2 to 2.5 million dollars in above budget assessment revenue -- or assessment revenue by what I budgeted. But we have to note that the 780,000 dollars of that was the Meridian Heights Annexation and we have costs to accompany that. So, it's not like we are looking at 780,000 dollars of profit there. So, here is just a look at their changes from '14 to '15. So, change from the original '14 budget. Personnel was up 16 percent. Operating 28 percent. Capital minus 31 percent. Their FY -14 amendments had some Meridian City Council August 19, 2014 Page 9 of 74 increase in personnel of about 400,000. Operating to go with that 130,000. Capital, 1.3 million. Their carry forward was reduced by almost four million. So, that means between the time we set the 14 budget and the end of the year, they finished about four million dollars more or projects, allowing us to reduce their budget. So, the change from the final '14 budget is nine percent. Change in operating 25 percent. Capital down 36 percent. Total change from final 14 to 15 is two percent. And so you can see the pie that shows how their budget is distributed and if you look at the carry forward and capital, they are heavily in capital. For the General Fund we are heavily in personnel, they are kind of the flip side of the coin, even though both funds are about the same size. And, then, again, at the bottom you just have a history -- a budget history. So, summary of their enhancement request. Their personnel and operating only budget is 18.4 million. They have asked for nine new employees for about 600,000. Almost all of these employees or their budget focus is on their permits. Really we have the General Fund looking at public safety. The Enterprise Fund is gearing up to meet new permit requirements. So, a lot of these positions, like the lab positions, are related to that. They also have some positions for another camera van. So, their ongoing personnel increase is 800,000 and, then, they have one time operating money, which is typically large studies. A lot of those related to permit for 2.4 million. On the capital side here is where that big piece of capital comes in that 93 million dollar total city budget we have. Capital and carry forward it 26 million. A lot of that is carry forward, 14.6 million. Again, remember, that will be reduced by the time we get into the next year and close this out. So, the new capital request is 1.4 million -- or about 11.5 million dollars this year. You will see the breakout. They have got that same thing that the General Fund does, some computer equipment, some vehicle replacements. Pretty small. About 170,000. Water supply lines and wells is kind of an ongoing cost for them, 2.8 million. Upgrades and improvements, about 900,000. Studies and all related to the permit, 1.2 million. Sewer lines, kind of an ongoing item for them, 1.3 million. Wastewater treatment plant upgrades and improvements related -- here, again, we are going back to the permit, the big item at six million. So, that completes my presentation. Just to wrap up, the steps we will set the budget number tonight tentatively. Todd will go back and grind out a lot of numbers and we will be back next week with an ordinance for you to approve. A few days later that goes to the City Clerk and, then, a few days after that we provide -- we let the county know what our budget is and have it certified. So, that concludes my presentation. De Weerd: Council, any questions for Stacy at this point? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Stace, a couple of questions for public. What is the employee's percent of increase in this budget? Kilchenmann: Three percent. Meridian City Council August 19, 2014 Page 10 of 74 Bird: Three percent? Kilchenmann: Well, no, that's not correct. I take that back. Three percent for the general employees. There is a different percent for the police -- three percent for the nonsworn police officers, 600,000 to move the police STEPS and every STEP -- and, HR, feel free to hop in and anyone help me, but every step is somewhat different and, then, fire -- I don't know if that's two percent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The 600 is to get the police up to a pay scale that they have -- that we have let it get five years behind. Kilchenmann: Correct. Bird: Also, what's the estimate on our mill levy this year for property taxes? Kilchenmann: .000 -- Bird: Forget the oh's. Kilchenmann: -- three -- Todd, can you look that up for me? I think we have it right back here on the table. Bird: Three nine? Kilchenmann: I think so. I'm not positive. Bird: Okay. Thank you. I just wanted the public to -- Kilchenmann: I do have it. It goes down. Bird: Yeah. It's down a little bit. De Weerd: Okay. Any other -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Oh, I'm sorry, were you -- Borton: Go ahead. Meridian City Council August 19, 2014 Page 11 of 74 Zaremba: I don't know if you would know this answer or not -- Kilchenmann: Oh -oh. Zaremba: -- since it's not your department, but my general question someone probably knows the answer. Between this time a year ago and this time now, how much has the population of Meridian grown? We are looking at a slightly bigger budget, but we are also looking at a bigger city. In comparison to that, do you know what our population growth has been? Kilchenmann: We have been growing about three percent, so that means we are adding about three percent in housing starts. So, we -- to generalize, our housing starts are like 2.83 -- Bird: About 2,400 people. Kilchenmann: About 2.83 people per house, so we have probably gone up about 4,000. Does that sound right, Bruce? Zaremba: That helps. Thank you. De Weerd: Mr. Borton. Borton: Madam Mayor? Kilchenmann: Oh. Madam Mayor, may I -- Madam Mayor, may I add something to that? Sorry, Mr. Borton, just -- for clarification, that's just housing starts and, then, we also have commercial growth and commercial square feet. So, that has a significant impact, especially for public safety. So, I -- I would have to defer to the Planning Department to tell you how many commercial square feet we have increased if you want to know that. Zaremba: Thank you. Kilchenmann: Would you like them to come and tell you -- Zaremba: If there is an answer -- the additional information is helpful as well. Chatterton: Madam Mayor, Councilman Zaremba, I don't have that information with me, but we can research it. In terms of the total square footage added in the last 12 months we are talking about? De Weerd: Uh-huh. Zaremba: A ballpark figure. Meridian City Council August 19, 2014 Page 12 of 74 Chatterton: We would need to look that up. Kilchenmann: I think it's on the table back there. Zaremba: Okay. I will look on my way out. Kilchenmann: I will find it for you. Zaremba: Thank you. But the point is we have had significant growth. Kilchenmann: Correct. Zaremba: And it's not surprising that the budget needs to go up a little bit. Kilchenmann: Correct. Zaremba: Okay. De Weerd: Mr. Borton. Borton: Thank you, Madam Mayor. Stacy, do you know the -- the percentage of increase in health insurance costs that are built into the budget? Lavoie: Madam Mayor, Councilman Borton, we are using a 15 percent'ish calculation for the budget that is in front of you today. De Weerd: But the recommendation came at 11. Kilchenmann: Clarification. We did not actually change -- have to -- did we increase our premium share by 15 percent? Perkins: If you could repeat the question, so I give you the right information. Borton: What was the percentage increase in health insurance costs that are built into the budget. Perkins: The increase, without any changes in our plan, came in at -- just right at 16 percent. But I -- and I believe that that was the number that Todd built into the budget. We also prepared a different option for an 11 percent increase as well. Borton: Thank you De Weerd: Any other questions? Okay. I will ask for public comments. I did have a couple of people signed up to testify. Lynn Young. If you -- good evening. Thank you for joining us. Meridian City Council August 19, 2014 Page 13 of 74 Young: Well, thank you. De Weerd: If you could, Lynn, please, state your name and address for the record. Young: Sure. I'm Lynn Young. I live at 2786 South Denali Place in Meridian. De Weerd: Thank you. Young: I'm a member of -- volunteer member of AARP Idaho executive council and I'm speaking tonight on behalf of AARP, which has about 165,000 members here in Idaho who are age 50 and above. I'm talking about transportation. Transportation planning has a profound effect on the character of a community and the availability of transportation choices. Transportation planning that focuses on providing mobility for all residents, regardless of functional ability is essential to creating thriving communities. AARP Idaho supports inclusion of funding for public transportation in Meridian's budget. Because transportation, as we all know, is a vital link connecting all citizens to the social activity, economic opportunity, and services of their communities. Without public transportation the ability to age is one's home and community is compromised. Other adults need transportation to places and services that support their independence. Proper planning and funding can help to insurance that transportation modes are linked within a community and that neighborhoods are connected to the broader region by an efficient road and public transit networks. Increased mobility, improved safety, economic development, and reduced air pollution and dependence on foreign oil are all benefits of sound transportation planning. So, I thank you for giving me this opportunity to come before you and bring up to our attention the need to look at funding for public transportation. De Weerd: Thank you, Lynn. And I know -- I have a Council Member to my right that's itching to make a comment as he and -- both Councilman Zaremba and Councilman Rountree have been serving on our Valley Regional Transit board and advocates for routes. Primarily we do invest in the commuter route. We have partnered with VRT and Treasure Valley Transit to provide a senior citizen bus through the senior center and we just started -- we will be starting next month a Saturday route as well. I would invite Councilman Zaremba or Councilman Rountree to add anything. I think it's worth talking about and we would love to get your name and phone number to engage you in the conversation. Mr. Zaremba? Zaremba: Thank you for coming and speaking. I appreciate that. Public transportation I think is an important thing to not only get on our agenda, but get into our budget and as the Mayor mentioned, we have made some small steps into that, but as you mentioned to have full service to the community is a benefit economically, environmentally, socially. I appreciate all the things you said and appreciate your making the point that we need to find a way to get this into the budget. And I would comment I'm -- many people probably don't know that the -- what transportation system or bus there is in the valley is paid for out of the general funds of the cities in which it is Meridian City Council August 19, 2014 Page 14 of 74 in. Boise, Nampa and Caldwell pay for the service they have out of their general funds and that is something Meridian needs to start discussing seriously. So, thank you. Young: Thank you Rountree: Madam Mayor, you mentioned the commuter routes that we do support in conjunction with VRT and our neighbors to the west. We partner with Nampa and Caldwell and Canyon county to have those commuter routes here. Dave brings up an important point that all public transportation funding for this area is provided by the local entities through general fund, but the bulk of -- and people aren't going to like this -- but the bulk of it -- the vast majority of it comes from the federal government. Various grants and other federal programs that are established for public transportation and we also support Ada County Highway District's CommuteRide and encourage folks to look into that and that's also supported by general fund revenues, as well as registration fees and federal dollars. But thank you for being here. Appreciate your comments. Young: You bet. And I should -- in the interest of full disclosure, let you know that I'm the pinch hitter tonight. My husband is Mitch Young and he's chair of the regional coordinating council and woke up sick this morning. But we both know how very important public transit is and so I volunteered to come down and you have been all very gracious and I appreciate you listening and hearing me out on this. De Weerd: Thank you. Thank you for being here. I also have one other sign up. Steven Archibald and, then, we will invite any comment from those that are not on the list. And I'm sorry if I mutilated your last name. Archibald: You're completely fine. My name is Steve Archibald. My address is 4627 Brookshire Drive, Boise, Idaho, but I work a lot within Meridian. De Weerd: Well, thank you for being here. Archibald: Thank you. I, too, wanted to talk about the importance of public transportation. I sit on the regional coordination council for Valley Ride, along with Mr. Young. I work for the Idaho Commission for the Blind and visually impaired. I have been there for 12 -- a little over 12 years working as a vocational rehabilitation counselor, as well as an orientation mobility instructor and before that I worked as a vocational rehabilitation counselor for Division of Vocational Rehabilitation. In working with people with disabilities and trying to obtain employment and maintain employment, public transportation is always one of the bigger objectives -- or lack of transportation is a lot of times one of the bigger objectives that a person has to overcome in order to either obtain or maintain their employment and especially working with people with visual limitations that's almost across the board where a vocational counselor and those individuals really have to get creative. Unfortunately, with the limited public transportation system and bus system and other options available in Meridian, this has really been an obstacle for some people to be able to become gainfully employed. As far as what my belief is is I believe a bus system with more consistent routes and an Meridian City Council August 19, 2014 Page 15 of 74 enlarged route system would greatly help those individuals who are trying to maintain or obtain employment and I believe also that this increase would greatly help those that maybe aren't so much those individuals who are disabled, but aren't looking for a vocation, but would still be able to increase their independence and maintain their independence as a way of -- now we need transportation to get to different appointments, the store, community events, and so that ability to commute has been really difficult for a lot of individuals that I have worked with that reside within Meridian city limits. The other thing, too -- to think about, too, are the individuals who are more severely disabled and especially our -- some of the seniors who cannot utilize a fixed route system, like Valley Ride. A fixed route system also comes into play -- the access bus. And so if an individual lives within three-quarters of a mile from a fixed route system, they, then, are able to utilize the access bus, which is more of a door-to-door type of system, to let them get to doctor appointments, get them out to the store, doing those things that we all need to do and, you know, if those individuals do not have the capacity -- financial capacity to get a taxi -- many of them don't have the personal resources, family or friends in the nearby area to be able to take them to these locations to meet their needs. So, I would really love to see the -- some of the increase of -- I believe it was between 430,000 to 600,000, if -- any possibilities of using that funding or even just to really put it on the table for the 2016 budget to really increase some of the funding that is provided by the City of Meridian for public transportation, I believe it would greatly assist your constituents here within Meridian city limits. Thank you. De Weerd: Thank you. Any comments? Zaremba: Thank you again. Well said. De Weerd: Good evening. If you will, please, state your name and address for the record. Bott: Hi. Ian Bott and I live on 1800 North Cole Road, Apartment 1-102. De Weerd: Okay. Thank you so much. Bott: Boise, Idaho. And I'm here to talk about the bus symptom as well. Meridian is fast growing, first of all, so there is potential for pollution from the cars. There could also -- there are also a number of people who don't like cars all over the valley and they would benefit because with an added bus system it would be safer than just walking, as there aren't as much side streets around and there aren't as much places to walk and it would cut down on extra -- it will cut down on a little bit of extra commute time. There are -- I know for many people they have to walk to get to their commute to work if they don't have cars and walking takes longer. It would also allow places to -- it would also allow places to expand more opportunities for those without cars, more opportunities for the people with mental, physical, emotional challenges to work through and be able to do the things they need to do, because a lot of those people don't have cars and one way you could deal with part of it is to expand a couple of routes. Forty and 42 go primarily to Nampa. They have a few stops in Meridian, but not many, and I feel like Meridian City Council August 19, 2014 Page 16 of 74 expanding those eventually -- if not this year, then -- not next year, then, the year after would really help out and also having more side streets routes in Meridian, more north - south, possibility a route that goes from Eagle to Meridian to Kuna and back, because there is a lot of growth in all of those areas, so those are just some reasons why you need it and those are some ways to get through it. I also think that expanding it further beyond that to where it can reach some places in Meridian that are well traveled, but don't really have a lot of access by those who don't ride -- by those who don't have a car would be added -- would be added to making the city well more -- well, make the city have a lot better quality of life and make the city be -- have a lot more opportunities to do stuff in the evening per -- and in the afternoon that aren't as well publicized, but people with cars cannot get to. So, that's pretty much all I have. Thank you for your time and I hope to hear from -- do you have any questions, feel free to ask. De Weerd: Thank you so much for joining us. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Ian, thank you for coming tonight. Do you drive? Bott: No. Zaremba: You don't drive a car. Can you describe how you got here tonight? Bott: I got a ride from somebody who works with me directly, so -- Zaremba: And that's pretty typical of how you get around? Bott: Yeah. That's pretty typical how I car pool. I either get a ride from somebody that works with me directly or I get a ride from somebody who is going to the event. That's usually how I get places at night and I walk if it's close enough. Zaremba: Thank you for making the effort to come tonight. Appreciate that. De Weerd: Thank you, Ian. Any other public comment? So, we do appreciate our comments about public transportation. We find ourselves a little bit at a disadvantage than our neighbors to the west are in, because they do have their own road departments and those transportation dollars can also be dedicated towards public transportation. I would encourage more involvement and maybe getting with the CommuteRide program with Ada County Highway District. It's been very successful and very well used. But, again, we will take these names and look for involvement. I always say people kind of duck when they see me, because when they add their voice they know I'm going to put them on a committee or something, so -- but we would love to invite you to be part of the solution and our long-term plan certainly contemplates a more robust public transportation system. We know that roads don't pay for Meridian City Council August 19, 2014 Page 17 of 74 themselves, they are highly subsidized, and so would a public transportation system. So, thank you for joining us. Council, any questions for staff or any of those that provided testimony here tonight? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a couple of questions for Mark or Chris, whichever one wants to be on the hot seat. De Weerd: Okay. Bird: In your replacement you have got two vehicles, the 205 and the 206? Amenn: Yes, sir. Bird: Vehicles. Is that right? Amenn: Yes, sir. Bird: Are they really needed? Amenn: I would have to look at the -- exactly which vehicles you're speaking, sir believe -- Bird: They are the two white Fords, I believe -- or Explorers that sit over at Station One. Amenn: I will defer to Chief Niemeyer. Niemeyer: Madam Mayor, Councilman Bird, we can certainly extend those another year. This is part of a capital improvement replacement plan. As you can see, those -- those vehicles do have what appear to be lower mileage than we discussed in the budget presentation. There is a lot more hours on that engine. We don't have an hour meter on those two particular pieces of apparatus, but, again, at the direction of the Council if we need to extend that another year we certainly can. Bird: I would like to see it extended. I know it's only 50,000 dollars, but 50,000 dollars here and there -- now, I have got a challenge for you, Mark. You have got 634,000 -- or 635,000 in overtime in this budget. Let's knock that to 550 and get it and I will take you to lunch. Niemeyer: I didn't get the last part. I heard lunch. Bird: Let's take that down to 550, can we? Meridian City Council August 19, 2014 Page 18 of 74 Niemeyer: Those numbers certainly have been calculated with Finance based on -- on trends. So, overtime -- Bird: I have got -- it's your trends. Established year's trends, you're going to be about 500 1 think. Niemeyer: Yeah. As you know it's unpredictable. De Weerd: But it's a good challenge to make and I would love it if our Councilman Bird had to buy you lunch. Bird: Yeah. And I would be happy to. Have any problem with that. Niemeyer: Again -- De Weerd: Reducing it? Bird: Yeah. De Weerd: Based on the projections that's what were projected for FY -15. So, reducing that amount and knowing the uncertainty in some of that overtime regarding -- Bird: Okay. I will leave it there. If you go under it I will buy you lunch. If you go over it you're buying me steak. Okay? Niemeyer: Deal. Bird: Fair. De Weerd: And if you go under he can buy us both lunch. Kind of jump on board on that one. Other questions? And I will help him buy you the steak if I have to. Milam: Madam Mayor, I have a comment to kind of make -- not to you. Sorry Niemeyer: Okay. De Weerd: Thank you, chief. Milam: And this is more of a general employee comment. It became apparent to me that a comment that I made at the budget hearings -- a question that I asked was perceived in a way to several employees that made them feel unvalued that had to do with the raises versus raising taxes and I just want to let you know that I value all of you very much and I don't not want to give anybody a raise, it has nothing to do with it. I was merely asking a question to create a conversation and bring it to the table and any of you that have been here at the meetings with me know that I am not silver tongued, Meridian City Council August 19, 2014 Page 19 of 74 many times things come out maybe not the way that I intended. So, I just want to say for anybody whose feelings were hurt I apologize. De Weerd: I think you were just silver tongued. So, thank you. Any other questions or comments from Council? Well, Council, I heard a change of 50,000 in vehicles that we can also add to the Capital Improvement Fund line. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think Stacy and Finance, working with all the directors, have done a fantastic job. It's relatively easy at this stage, because a lot of the hard work's been done in trying to flush out the issues that are now before us. There is one area that I still have hesitancy with and I'm not supportive of funding, in light of the limited resources we have, is the City Hall parking lot development. It's 240,000 in the General Fund, 320 overall. With the split we heard about a moment ago, I have asked for a little bit of backup information to try and come up with what that number is based on. In my mind it's not the most critical expenditure. I would want to remove that from this year's budget. I concur with Councilman Bird with regards to the vehicles and I appreciate the chief's remarks to the extent there is an ability to extend the life. Fifty thousand is fifty thousand. It all adds up. So, those are the two amendments that -- from the expenditure perspective that I would support. De Weerd: Mr. Borton, I guess I would just make comment about the City Hall parking lot, since the land was purchased prior to you being sworn in, but we would be in violation of our own ordinance leaving that lot as dirt and having people still parking in it. Certainly it's needed in our downtown and that is the reason the land was purchased. So, I guess that is why we put it in the budget to -- because you can't have dust -- or you can't have any dustless surfaces, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would also add I think it would be well used by city employees on a normal basis and other people that are visiting the city if that lot were finished and available. But certainly on days like Meridian Business Day or on Public Works Week, when we take away the parking that's in front of City Hall in order to have displays and things happening, certainly those of us that come to the Concerts On Broadway know there is a need for more parking. Along with violating our own ordinance of not having that lot finished, I would support the thought that there is a real need for getting it done and making use of it. It also is what enables us to consider uses for the old City Hall, because at the moment our other ordinances about how much parking is required for an office building of this size needs the old City Hall parking for us to be in compliance and, again, it's an issue of fairness in the community. I don't feel we can require this of other Meridian City Council August 19, 2014 Page 20 of 74 people that are building office buildings and exempt ourselves. That sounds way too much like the U.S. Congress and I don't approve of that idea, so I -- I have to appreciate Councilman Borton's comments, but I'm in favor of keeping it in and getting it done. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate what both of you are sharing. I -- I don't necessarily agree that that -- if we were to try and solve a parking situation adjacent to City Hall, that that's the most appropriate location for it and I don't see that location being -- that particular lot being a parking lot long term by any stretch. And I understand there was reasons before I was here as to maybe why it was purchased, but -- De Weerd: It is why we have the HAWK signal installed on Meridian Road as well. So, again, it was all part of a plan that was planned I guess before you sat in that chair. So, I just wanted to give you the history of it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I agree with Councilman Borton that I don't like spending it, we would make a developer do it, so I think we got to live by our own rules. I don't see how we cannot do it right now. Kilchenmann: Madam Mayor? De Weerd: Yes. Kilchenmann: If it's controversial perhaps you should vote on it. Bird: Yeah. I think that would be a good idea. Kilchenmann: The parking lot. De Weerd: Yeah. I -- if it's desired by Council to kind of pull that out and vote on it separately, then, the budget as a whole, certainly we can do that. Kilchenmann: Madam Mayor, I meant just decide like informally if you want us to leave it in or take it out, not to have its own budget, just in, out. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 19, 2014 Page 21 of 74 Bird: I would make a motion that we take out the 244,000 for city parking lot development. Borton: Second. Bird: Now we can vote. De Weerd: My head is kind of spinning on this one, but -- okay. Feel a little bit like The Exorcist here. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For brief discussion, I understand what the reasoning in the required compliance. I don't think this is the right way to go about it. If the city had obligations to provide certain parking spaces, the horse is out of the barn to have provided those. We are years down the road. If this was a solution that was years in the making I don't think it's the best solution to the city's parking problem. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We purchased that for a parking lot, because part of our south parking lot back here is not ours and UP can come in and take it out and, then, we are short of parking. That's -- Joe, that was our -- or Councilman Borton, that's the reason. That's why I'm making this motion. Let's go up or down on it right now. Borton: Okay. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know if -- technically it doesn't require a motion. My sense is that I may be on the literal island on this one. Bird: You might find out. Rountree: You might not. Kilchenmann: Madam Mayor, I just I meant like everybody say in, out, in, out. Like -- Meridian City Council August 19, 2014 Page 22 of 74 Borton: Thumbs up or thumbs down. Kilchenmann: Yeah. Kind of -- Borton: Very informal. De Weerd: You're too late. We have a motion and a second. Bird: We have already got a motion. Let's go. De Weerd: Okay. I guess just one final thing. In terms of the parking, there certainly is a need for employee parking as -- if you have noticed. We continue to add staff and with adding staff you need added parking spots. We also have a hope that we can do something with our former city hall building that would add to the redevelopment and vibrancy in our downtown and if that is a goal you cannot offer that building without appropriate parking, which is what we found, which led to the whole idea of about purchasing the lot across the street and offering parking to our employees, so that the parking at the former city hall would free up and if there were ever an issue with the railroads that would also be addressed. So, we don't want to continue to chip away at the availability of public parking in our front parking lot, because that really is for our citizens to utilize as they come and do business at City Hall. So, it is, again, a commitment to the redevelopment of the downtown to provide parking options for both our employees, our citizens, and to events that happen in and around our downtown and, again, towards that goal of being a destination and that was all part of the plan and one of the reasons for the purchase of that lot. So, 1, again, as we grow we not only need staff parking, but we need fleet parking, too. So, again, I do have a motion on the table. Any further discussion? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Councilman Borton, at the budget hearings I had the exact same argument and was pretty well convinced with most of the same scenarios. One of the big ones is that at the old city hall we consume almost that entire parking lot and -- it is not a viable building to rent to somebody without parking. So, that was kind of one of the things that sold me on it. De Weerd: Thank you. Well, the motion is to -- to remove this from this upcoming year budge. So, all those in favor of not having it in the budget say aye. Bird: Was that the motion? De Weerd: Yeah. That was the motion you made. You made a notion against the parking lot. Meridian City Council August 19, 2014 Page 23 of 74 Borton: Madam Mayor? De Weerd: That's why I kind of thought, okay, this is weird, but -- yes. Bird: I just wanted to get it out and vote. Borton: No, we can move on. That's a great explanation. You know, we do this in a public forum. I have a great concern over it. You have provided a great explanation, as has Councilman Bird and Council Woman Milam. De Weerd: Do you want to withdraw your second and your motion? Borton: Begrudgingly I would love to. Bird: I was going to vote -- I was going to vote to keep it tin. Borton: It's a clumsy process, but it's public and -- De Weerd: Okay. Bird: I didn't want to sit here for an hour and talk. Borton: Good explanations. De Weerd: Okay. Borton: I can't believe Councilman Bird wanted to get rid of it. De Weerd: I know. I thought I am so confused. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would think that the maker of the motion needs to withdraw it. Procedurally there is a motion and a second on the floor -- De Weerd: They withdrew them. Bird: I withdrew my motion. De Weerd: They withdrew them. Zaremba: And that's what I was going to ask is if it was possible to withdraw it. Meridian City Council August 19, 2014 Page 24 of 74 De Weerd: Yes. Fortunately, painfully, yes, they did. Okay. Anything else? Any other questions? Council, you have a motion -- or a budget figure in front of you. We did move 50,000 dollars from replacement of vehicles in the Fire Department's budget into our capital improvement plan or Capital Improvement Fund. Any other discussion on the budget? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move to close the public hearing on FY -2015 proposed budget. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FY -2015 proposed budget of 93,757,229 dollars and send it forward to the county. Milam: Second. De Weerd: Okay. I have a motion and a second to approve the proposed budget. We will bring it back in resolution -- or in ordinance form next week and, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. C. Public Hearing: Proposed Addition to Fee Schedule of the Community Development Department De Weerd: Okay. Item 7-C is a public hearing. I will turn this -- Bruce, is this yours? Justin? Okay. Meridian City Council August 19, 2014 Page 25 of 74 Lucas: Thank you, Madam Mayor, Members of the Council. This item is related to a minor modification to the City of Meridian's Planning Department fee schedule. The modification only proposes to add one fee to our schedule. No other changes have been made. The fee relates to renoticing of a public hearing. On occasion due to an applicant request to continue an item out for a long period of time, the City Council or Planning and Zoning Commission has requested that they renotice it, which includes updating the sign, sending out new vicinity mailings and also noticing it again in the newspaper. There is a cost associated with this renoticing. It was -- we have not had it officially in our fee schedule and we feel like it's appropriate to do so and Finance has asked us to put it in our fee schedule. The fee is 183 dollars and the majority of that fee -- I have a breakdown if you're interested, but the majority of that fee, 135 dollars, goes toward that newspaper notice. The other fees are stamps, the clerk cost to process it, and some other -- printing and some other small things like that. So, a simple addition to our fee schedule and we are here to seek your approval tonight. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a -- more of a -- I guess a -- to quote Councilman Zaremba, more of a sideways question and I don't want to put you on the spot, but in looking at this, when is the last time that we have reevaluated them as a whole and what other changes have been made? Lucas: Madam Mayor, Councilman Cavener, it's a real good question. The overall fee schedule in the Planning Department hasn't been updated since 2009 and major changes haven't been -- haven't been done since I believe 2006. So, it's a great question and right now the Planning Department is undergoing an internal -- I guess you could say audit of our time of how long it take us to do these applications. Also we are working with our partner -- our partners within the city, the clerk's office, the Public Works Department, and others to develop and check in and make sure that these fees are accurate. So, tonight before you is just a simple change. We anticipate in about six months, maybe a little bit less, after we go through this auditing process of our fee schedule, that we will come back to you with a -- here is how to look at an overall kind of change, what needs to happen and modifications to the schedule. So, I hope that answers your question. It has been awhile and we are aware of that and are actively working on it. Cavener: Great. Madam Mayor, follow-up question? How do our fees compare with our neighbors to the east and to the west for something like this, for this particular fee that you have brought before us tonight? Meridian City Council August 19, 2014 Page 26 of 74 Lucas: Real good question. I don't have those figures directly in front of me and I have looked at the fee schedule for city of Boise and city of Nampa -- I don't believe they have this exact fee -- at least they don't describe it in this way. What I can say is this fee is -- is a pretty straight forward fee. It doesn't include a lot of staff time, it's mostly the actual cost of doing it, newspaper noticing, the postage, and things like that. So, it likely would not vary if other cities did charge this fee. Cavener: Madam Mayor, one further question. De Weerd: No problem. Cavener: So, in the cost of the original fee for noticing, we feel that that is designed solely to cover the initial noticing and no additional renoticing whatsoever. Lucas: Councilman Cavener, correct. We do -- so this -- this noticing is typically built into the fee schedule above. For example, if you look at an annexation and rezone, the noticing fees built into that, they pay it once and it's built into that fee. If they come back and for some reason they need to continue it out for four months and at Council's discretion you say, you know, that's too long, we want to make sure the neighbors get another mailer, we want to make sure it goes in the paper again, we, then, have a clear fee that we would be able to charge to make that happen. Cavener: Great. Thank you. De Weerd: Okay. Any other questions? This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the addition to fee schedule for Community Development Department. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES D. Resolution No. 14-1003: A Resolution Adopting the Fee Schedule of the Community Development Department, Planning Division De Weerd: Item 7-D is Resolution 14-1003. Council, any questions on this item? Meridian City Council August 19, 2014 Page 27 of 74 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution 14-1003. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: Proposed Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Item 7-E is a public hearing on our proposed fall 2014 fee schedule for Meridian Parks and Recreation Department and I will turn this over to Patrick. Dilley: Good evening, Madam Mayor, Members of the Council. We are in the Parks and Rec Department coming off our summer busy season and we had a great summer in the parks. This summer I went -- I saw Newsies in the park and I went whitewater rafting with our senior citizens and we had a couple that was 87 and 84 respectively at the main on the Payette River this summer with us, so -- De Weerd: Well, how fun. Dilley: Yeah. It had a great summer in the park and our programs continue to grow with every year. De Weerd: Age is relative; right? Dilley: That's right. In Meridian we are active. De Weerd: Talking about myself. Rountree: Relative to what? Dilley: So, with our new fall activity guide we go to publish this Friday and in the new guide there is our usual fall schedule with classes and community events, like the Meridian City Council August 19, 2014 Page 28 of 74 community block party, and our adult sports. No changes in those fees for adult sports, but, however, the usual changes -- a few of our usual classes are before you and I would hope that we can approve the new fee schedule this evening and with that I will stand for any questions. De Weerd: Council, any questions? I -- you know, I didn't see an attached fee schedule, so -- Rountree: Just as an exhibit. Bird: It's in here. Cavener: I wasn't able to get mine open either. De Weerd: I just wanted to make sure it's on there, because I -- Milam: Madam Mayor? De Weerd: Yes. Milam: What's Marvel Rollercoasters? Dilley: Oh, yeah. So -- that's a great question, Council Women. We have a wonderful group of -- this past summer we had two instructors that they kind of do mentoring and different game programing or engineering type of activities for children that enjoy that and they -- this one is they make a rollercoaster out of some cardboard and paper and they kind of learn how to support the structure and to roll a marble down it and kids seem to really enjoy it. Milam: Thank you. Dilley: They get to create their own De Weerd: We found it. Dilley: Okay. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Patrick, in the past for adult sports classes I think there has been a certain fee associated to me if I'm a Meridian resident and another fee associated out of Meridian City Council August 19, 2014 Page 29 of 74 resident. Do similar fees apply for these types of activities and, if so, what's that amount, I don't see it. Dilley: They do for adult sports, Councilman Cavener, as you pointed out, but we do not for recreation classes at this point. Other municipalities do. We just haven't in the past and we do attract a lot of registrations from west Boise as well and so we serve some -- some of that community as well. So, we don't have that at this point and -- but until we -- as we are growing much more obviously in the past five to ten years, especially in the past three years in our recreation classes and registrations I think we will start to look at that a little more. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just would throw in a similar thought for future reference. If we get to the point where we are overcapacity in classes and we are having to turn Meridian residents away, I think Councilman Cavener's point is a good thing to raise again at that time if we are turning Meridian residents away because of space. If that happens. Dilley: Councilman Zaremba, yes, that's definitely something we are watching and as we grow we -- we are starting to see some capacity in some ways in summer camp, especially in some of our summer camp programs. So, that's definitely something we will visit coming into the next year. Milam: Madam Mayor? De Weerd: Giving a first priority to Meridian residents? Dilley: Correct. De Weerd: Mrs. Milam. Milam: A little arrow into the specific, but I still would like -- something that I discussed with Steve at some point and I understand it's the way that it's written, how the classes are written -- and I don't remember if it was a state thing or not or if it was just how we have it as a city, but in general classes are not sales tax eligible, but these are. So, somebody maybe could be working on another way to reclassify them so that they are classes the way that they really are and, then, they wouldn't be charged the sales tax on top of it. Dilley: Right. And I think -- Council Woman Milam, I think when I referred Steve to that, I'm not sure if -- I need to review that as well. I'm not sure if it is a state statute or -- Meridian City Council August 19, 2014 Page 30 of 74 Milam: Something that we could change possibly. Dilley: Or something that we could change. Milam: The way it is written. Dilley: Right. And if we could I would definitely like to look into that as just keeping it for our citizens, so -- Milam: Thank you. De Weerd: Very good point. Cavener: Madam Mayor? De Weerd: Yes. Cavener: Just one additional comment and I just -- I wanted to share this, because I received this this week. I received an e-mail from one of our citizens just complimenting Patrick and everyone on the Camp Mor -Ida -Moo program and I know that your success in that program is something you have worked very hard for and I know that a lot of that is translated into a lot of these activities and so I just wanted to on the record thank you for your hard work. I think this is something you have really been dedicated to and I appreciate it. Dilley: Thank you, Councilman Cavener. De Weerd: Patrick's awesome, so -- we will say it. He can't. Sounds self -loathing; right? Dilley: Thank you, Madam Mayor. De Weerd: Okay. Any other questions? Seeing none, thank you, Patrick. This is a public hearing. Is there anyone who would like to offer testimony on this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing none, I move we close the public hearing on the proposed fall 2014 fee schedule of the Meridian Park and Recreation Department. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 7-E. All those in favor say aye. All ayes. Motion carried. Meridian City Council August 19, 2014 Page 31 of 74 MOTION CARRIED: ALL AYES. F. Resolution No. 14-1004: A Resolution Adopting the Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 7-F is Resolution 14-1004. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Resolution 14-1004. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-F. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And, Mr. Nary, can you work with Finance and maybe come back at -- within the next several weeks to -- to maybe have a discussion on the sales tax aspect? Nary: Certainly, Madam Mayor, we can do that. De Weerd: Okay. So, if you will note that, Madam Clerk, in the agenda. Thank you. G. Approval of Development Agreement: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C -G to I -L Zone and Rezone of 1.12 Acres from I -L to C -G Zones De Weerd: Okay. Item 7-G is approval of development agreement on RZ 09-005. 1 will turn this over to staff. Meridian City Council August 19, 2014 Page 32 of 74 Nary: Madam Mayor? De Weerd: Or -- yes. Well, you're staff. Nary: Yes. Madam Mayor, I can probably start the conversation. Mr. Miller is here from the Ron Van Auker company. This one is a little unusual and that's why we asked to put it on the agenda. This -- if you will note by the number, this development agreement is about five years old. Our ordinance says that development agreements are supposed to be signed within two years. But there is no mechanism currently in our code to renew your development or to extend your development agreement to a later time. We allow for extensions on your plat, we allow for time extensions on those things and this particular project has had all of that. When we went through this process a few years ago, for some of the Council members that weren't here at the time, we looked at all of the development agreements and we came before the Council and requested your input and we gave notice to some of those developments that we no longer would accept their development agreement, that two years had expired, the conditions had changed significantly in the surrounding areas and, therefore, their opportunity to sign that has -- had past. In this particular case we could have gone through the exercise of requiring them to renotice this and go back through the development hearing process, but we didn't have from the staff's perspective any changes that they wanted to make. This is an industrial site. The conditions are still the same. The circumstances of the neighborhood is still the same. And so it seems sort of pointless to go through that -- that exercise to do that. So, we did want to point it out to you why this is on your agenda. It's a little different and we are going to work with planning staff to come up with a process to deal with these types of circumstances in the future when we have these development agreements and whether we need to provide a method for extending them, whether we need to provide a notice to people at a point in time that their opportunity to sign that is going to expire, whether we need to evaluate or provide to you as the Council information that maybe, again, the circumstances may have changed significantly and the approval that was granted 18 months ago no longer makes as much sense as it did, because of other developments. So, that was a long explanation, but that's really why this is in front of you is so that you note that it is beyond the two years, but from the staff's perspective we felt it was still appropriate to move it forward and to allow it to move forward as it is. Mr. Miller is here to, again, answer questions if you had any. And, of course, planning staff can add whatever else they would like, but we wanted you to know we will be bringing back a proposal probably at some point in the future as to how to handle these types of circumstances. We don't have very many of them that are out there that are -- in fact, we don't have any that are beyond two years, but we have some that are going to come up on 18 months and we need to make a decision should we be coming back to ask you to notify them of the time period that they need to meet and whether or not we should look at some other process. De Weerd: Thank you, Mr. Nary. Any questions from Council? Mr. Zaremba. Meridian City Council August 19, 2014 Page 33 of 74 Zaremba: Madam Mayor? I need to have my memory refreshed on a general procedure. A development agreement usually occurs at the time of an annexation and zoning and is tied to the annexation and zoning, if I'm correct. Nary: Yes, sir. Zaremba: The delay in signing, does that delay the annexation? In other words, we -- when do we do the ordinance that actually makes the annexation a part of our city? Do we wait until the development agreement is signed? So, in other words, if somebody is sitting on the development agreement they are not annexed into the city. Is that correct? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, 9-A is the ordinance annexing the Siam Subdivision. So, yes, that is our -- that is our mechanism to get those development agreements signed is that they aren't annexed. So, one condition that exists -- and our ordinance still applies -- in the development agreement it also states they will sign it within two years, but since they don't sign it and, then, they are not part of it, then, that particular provision is not necessary. But we have an ordinance that governs it. So, yeah, it -- the property is not annexed and part of the city until the development agreement is signed. Zaremba: Thank you. De Weerd: Any other questions? Got any comment? Okay. Miller: We thought we signed it. De Weerd: It was in the mail. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve RZ 09-005. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-G. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council August 19, 2014 Page 34 of 74 De Weerd: Okay. So, Mr. Nary, at what point do you think we will come back with a recommended process? Nary: Madam Mayor, Members of the Council. Justin, I don't know if you think the workshop in September or workshop in October? Lucas: Well, Madam Mayor, Members of the Council, we have put together recently a UDC work group. The first meeting of that group is in September and this is one of those items that I think would be appropriate to run through the work group. The work group consists of the development community, architects, planners, other professionals that work with development agreements quite often. The Legal Department is part of that work group. Emily Kane is going to be working with us there. So, I think as part of that plan we are going to look at all kinds of items. This would be one of those. And so we are anticipating after that work group meets a few times we will come back to you -- I would say hopefully with an application to amend the UDC within three to four months. That is by the time we make application. You will probably see it in about six months. But we do have a process in place to get this fixed. H. Public Hearing Continued from July 22, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District Public Hearing Continued from July 22, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District J. Public Hearing Continued from July 22, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District De Weerd: Okay. Thank you. Thank you. Council, the next items, H, I and J, the applicant has requested to be continued to September 2nd. You have the letter requesting this in front of you. So, I would ask for your direction. Rountree: Madam Mayor? Meridian City Council August 19, 2014 Page 35 of 74 De Weerd: Mr. Rountree. Rountree: I move that we continue Items H, I and J until September 2nd until the application has an opportunity to include some recommendations made and continue the development and refinement of the site plan. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue Item 7-H, I and J to September 2nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. K. Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District L. Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District De Weerd: Item 7-K and J are public hearings on AZ 14-006 and CUP 14-003. 1 will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Member of the Council. The next applications -- first applications before you tonight are a request for annexation and zoning and a conditional use permit. This site consists of 28 acres of land. It's currently zoned RUT in Ada County and is located at the northwest corner of South Stoddard Road and Kodiak Drive. A little history. This property recently received approval of a property boundary adjustment, a record of survey in Ada County that created the subject boundary of the site. The school -- Joint School No. 2 has submitted an application for annexation and zoning of 28.64 acres of land with an R-4 zoning district, consistent with the future land use map designation of medium density residential for this site. A conditional use permit is also proposed for a middle school, which is classified as a public education institution in an R-4 zoning district. The site plan submitted with this application depicts a 137,000 square foot school, which will include a football field, running track, soccer and practice fields, tennis courts, parking and locations for future portable classrooms. The school is proposed to serve approximately one thousand students. The athletic fields are not proposed to be lighted on this site. Access is proposed via three access points to Kodiak Drive as shown on the site plan. The south boundary there. With one access onto Stoddard Road for buses only. Six foot tall chain link fencing is proposed around the east, west and north perimeter boundaries of the site. Staff recommends a gate or opening in the fence is provided near the Meridian City Council August 19, 2014 Page 36 of 74 northwest corner of the site, so that pedestrian access is available to the school from adjacent future neighborhoods. Building elevations were submitted for the future school building. Building material are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structures. It mixes three different colors if CMU is proposed as shown. All structures are required to comply with the design standards listed in UDC 11-3-A19 and the guidelines and in Meridian Design Manual. Idaho State Code states that when considering an application which relates to a public school facility the commission should review -- specifically review the application for the effect it will have on increased vehicular, bicycle, and pedestrian volumes on adjacent roads and highways to insure the roadway system can satisfactorily accommodate the proposed school project. As the road authority ACHD has conducted a detailed review of the code requirements and provide analysis and conditions of approval in the report accordingly. ACHD also provided recommendations to the city based on their review, which are contained in the staff report and conditions of approval. These conditions include a requirement for a HAWK crossing and school flashers to be installed on all four legs of the Victory -Stoddard intersection and a requirement for the school district to provide a road trust to ACHD to fund the future construction of HAWK crossings and school flashers at the Linder -Kodiak and Victory - Stoddard intersections. The Commission recommended approval of the subject applications at their hearing. Scott Hansen testified in favor. No one testified in opposition or commented. Written testimony was received from Scott Hansen and the Joint School District No. 2. At issue discussion by the Commission was the requirement for the school district to provide a road trust to ACHD to fund the future HAWKS and flashers at Victory and Stoddard and Linder and Kodiak intersections. Here is just a -- here a map showing the HAWK crossings and flashers that ACHD recommended be provided. The Commission did make a change to the staff recommendation. They did not require the school district to post a bond to fund the future Hawk and flashers at the Victory -Stoddard intersection here along the south. There are no outstanding tissues for Council. Written testimony was received from Scott Hansen after the Commission hearing, the applicant's representative. He is in agreement with the Commission recommendation. Staff will stand for any questions the Mayor and Council may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, I know we got the HAWKS, how about the sidewalk on the -- on the west side from Victory down to the school? It seems like we have a problem there in school and it seems we have always let it get -- get ahead of us without solving the problem before the school was built. So, I think we need to -- I think we need to really look and get -- somehow or the other have the school district or a three way partnership or something to get that -- and I want to -- I would want that sidewalk in before the school is built. Watters: Madam Mayor -- Meridian City Council August 19, 2014 Page 37 of 74 Bird: Because that will -- we have allowed it to go ahead of the -- when we put that the last thing. De Weerd: We had that discussion at our joint meeting. Watters: Did you say from the school site down to Victory? Bird: I said Victory down to the school site on the west side. Watters: Oh. Okay. Bird: But the east side I believe has some -- Watters: Yes. You're correct. Bird: But I think you need to have it on the west. De Weerd: This -- this item was not only a discussion with Ada County Highway District, it came up during testimony when we considered a couple of the developments in and around Kentucky Ridge and there was great concern about the additional children, the children going to the school and being able to connect. Now, I seem to remember there is a sidewalk already on the Bear Creek side, it's just making the connection to the -- to that sidewalk and the HAWK signal to allow for the safe crossing of the kids. That's a real busy street, Victory, and certainly it's got that odd jog that makes it even more of a potential traffic issue. Lucas: Madam Mayor, Members of the Council, just to confirm what you stated, absolutely, there is a continuous sidewalk along the east side of Victory Road from -- Stoddard Road from Victory to Kodiak. So, that is in place. And as part of ACHD's analysis they did look at pedestrian activity connectivity and it's my understanding of their analysis is that the sidewalk on the one side they thought that was adequate at this time. You know, if you have got the -- the flashers and the crossing, potentially at Stoddard and Victory, we would, then, have the sidewalk on at least one side and they could configure those flashing crossers to -- crossings to allow for the connection to that sidewalk. There is still a gap in the sidewalk that would exist along -- along Victory and as the Commission, you know, looked at all these different issues, you know, their recommendation and analysis is in there. Also before you is the ACHD recommendation, which includes that crossing. I will let the applicant speak to the school district's position on this specific issue. Staff, at least from our perspective, we went along with ACHD's recommendation and as I felt, as I looked at it, that their technical recommendation was adequate. It's difficult -- just so you know -- requiring off-site sidewalk is not as simple as it may seem, because of the right of way issues that go along with building a sidewalk adjacent to a street, because there may be a position of a property owner who doesn't want to right of way and so you could put potentially put an applicant in a difficult situation in that you're requiring them to build a sidewalk that maybe one of the property owners doesn't want to build, it can create a difficult right Meridian City Council August 19, 2014 Page 38 of 74 of way issue for both the highway district and the applicant. So, some of those issues are what ACHD looks at. Because the sidewalk exists on one side of the street it looks like ACHD felt like that was adequate and planning staff, we felt like that was adequate, at least at this time to serve those potential students. De Weerd: I know, Justin, it's difficult asking for off-site, but as Councilman Bird said, you know, perhaps it's going to need to be a three-way partnership to ACHD in other places that have developed before they have a safe crossing -- have put the curbing or some kind of barrier up to even allow kids to safely walk on the gravel right of way, but something along that. That is a busy road and it's something that we can't ignore as part of this. I would hate to ever say that a school is an attractive nuisance -- it's not. It's a necessary service to our community, but as important as educating our kids is getting them to school safely, so safety is one of our top priorities or -- and responsibilities. Thank you for your comments. Any further questions from Council? Okay. Would the applicant like to make comment? Thank you for joining us tonight and for sticking with us this entire time. Hansen: A little longer than I was expecting it to go. Scott Hansen, LCI Architects, 1221 Shoreline Lane, Boise, representing the Joint School District No. 2. 1 wasn't expecting to have to discuss the sidewalk connectivity along Stoddard. We had discussed previously at the time Commission level the locations of flashers and HAWKS. I do want to point out that the school district's most significant compromise to this discussion is their willingness and support to safety bus every student within the one and a half mile radius that would normally be excluded from busing. They have put that in writing and commit to that. So, those students within that mile and a half radius that would normally not be bused will be able to be bused to that location. The difficulty we find with trying to develop sidewalks outside of our own land that we own is, obviously, we are going across right of way and other people's property. The location along that street consists of power poles, irrigation ditches, various contours and widths of road that we don't really have any control of, not to mention it's an extremely long distance and there is sidewalks on the east side of Stoddard for the full length. At the time that Stoddard gets widened further down the road those issues can be dealt with at that time. We are widening for the full length of the property -- the school district property along Stoddard and providing sidewalks along that, obviously, and putting in the HAWKS and flashers at the intersection of Stoddard and Kodiak. But we would certainly like to have your consideration to not require us to try to enter into any type of an agreement that would bind the school district to hundreds of thousands dollars if not greater than that to try to even develop something down that line, which we would have no control over. De Weerd: Well, certainly we can ask ACHD to make comment on the possibility or -- or opportunity for the curbing and a temporary facility within the right of way, but that is a very busy road and I understand safety busing and I also understand kids that age that don't want to ride the bus and they are going to be walking on that road regardless and that is -- therein lies the major concern and so under lessons learned, we have learned that putting a school in the middle of a field -- it's the middle of a field today, but Meridian City Council August 19, 2014 Page 39 of 74 as it starts to populate around there, kids will be walking on the sidewalk -- or hopefully on sidewalks, but certainly on the shoulders and we want to make sure that they are safe. And I would imagine -- and I know I will probably get a call from the superintendent tomorrow because of this comment, but the safety and the sidewalks are going to be a lot less expensive than safety busing, a taxpayer perspective, because someone is going to pay for that busing and busing is not cheap, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Scott, also you say within a mile and a half radius? Hansen: Yes. Bird: They are willing? There is a whole lot of places there within the mile and a half that isn't going to get bused that's going to have to walk. The developments that we have had that come in south of Victory so far, none of them would be within the mile and a half or they would all be within the mile and a half, not outside of a mile and a half, so I -- I don't know, I really -- I'm like the Mayor, kids' safety is got to come first, but whether this -- hold up the project or not, I -- I don't know. Up until the RUT -- piece of RUT property, they take that out of there -- De Weerd: Any other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Speak to me about this bus exit. Hansen: There on -- on Stoddard Road there is a single bus exit only. The buses would enter in from the parking lot side off of Kodiak, come along the back side of the building, and pick up and drop off kids on their -- on the north side of the building, so they stack in that direction facing east and they would exit onto Stoddard. Rountree: Does that line up with Christopher Street to cross the -- Hansen: That's why it takes sort of that long L shape. Rountree: And is that going to be gated? What's to stop people from using that as an entrance? Hansen: Well, it would be signed. Rountree: That doesn't help. Meridian City Council August 19, 2014 Page 40 of 74 Hanson: Well, if it was gated that would prevent the buses from exiting. The -- generally that's not a problem where we have -- all the schools are set up that way, so that they all will have a dedicated exit for buses and generally parents understand that pretty clearly. De Weerd: Similar to the design of the other middle schools, the bus -- Hansen: Yes. Uh-huh. Bird: It's kind of like Sawtooth and Heritage. De Weerd: So, I'm sorry, I'm going to go back to Victory Road. Busing is -- that's been a hot topic at the beginning of every school year, in particular on where buses pick up kids, which are usually off the arterial. Again, I would talk about the safety of Victory Road and the topography and the jog there. The bus could not safely pull over and pick up kids on Victory and that's not a lit area, because it still is pretty much rural around it. What would be the plans in that regard? Hansen: Madam Mayor, I really can't speak to busing activities and how they would -- where those bus stops would occur. We can certainly ask that of the school district and be able to get further information should you need to have that. De Weerd: Okay. Any other questions? Councilman Borton. Borton: Madam Mayor, if I'm looking at this map -- Bill, put that back up. If I am looking at the map right, anybody at least that currently resides on that western portion would have busing available to them in the green striped eastern portion where Bear Creek is there on the sides of the sidewalk -- existing sidewalk; correct? Hansen: Right. Borton: And if you were on that southern portion of Stoddard and Victory, a rural area, you would have busing provided for you? Hansen: Correct. So, in effect, there are no areas for any student that is within the boundaries of this particular school that would not have access to busing. Normally the process is if you're with inside the mile and a half radius you aren't bused. In this case all the students within that mile and a half would also be bused. So, that's that compromise to make sure that every student going to that school has the ability to get bused to the site. Borton: Madam Mayor? Except that Bear Creek -- that section is not bused, but they could walk on the sidewalk. Hansen: Correct. Meridian City Council August 19, 2014 Page 41 of 74 Borton: Okay. Hansen: Yes. I'm sorry. Yes. Borton: Okay. Thank you. De Weerd: Okay. So, we have safety busing. I kind of talked about kids don't like to take the bus and, finally, if you have sports after school and you don't have a parent who is going to pick you up, you still end up walking. So, I guess I will stop kicking that dead horse. Anything else from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I tend to agree that -- I mean it seems like the busing would cost a lot more money than the sidewalks. The kids are going to be walking anyway and probably goofing around and -- I mean they are just at that age, 11 to -- you know, ten to 13 or whatever in that age group. I mean I have had kids that age and that it is a time when they generally don't really want to ride the bus. So, yeah, I don't -- I mean without seeing the cost breakdown -- to me it just seems to make a lot more sense to provide a safe walking area for them, like within the rest of the schools, as opposed going through the expense of offering busing to somebody who lives a quarter of a mile away. Hansen: Madam Mayor, Council Woman Milam, I can't speak to the cost associated with that. The school district is fully aware of those costs and are willing to do that. They feel that child safety is important to them. The difficulty we face is how can we realistically try to develop property that is outside of our own control? We do not own that land. We don't have the right of way to work within that property. We don't know what any of the owners within that property are going to feel for this and you can't force them to do it. So, I'm not sure how the school district could possibly be held accountable to try to develop any type of walkway that is nearly a half mile long through an area that is of various widths and has utilities and irrigation ditches and everything else through there. I just don't see how it could possibly be done. Milam: Madam Mayor, follow up. So, is that -- my understanding, reading through the packet, that that safety busing is temporary until -- temporary, but -- safety busing and, then, you have got permanent busing. So, I thought it was -- I thought I read that it was until all of that is developed and the proper sidewalks are in and -- Hansen: Yes. Until all -- all the proper sidewalks are in to meet the needs of ACHD's requirements to allow students to walk safely on both sides of the street, at that point the safety busing would probably go away. Milam: Do you have any idea what time frame that is? No idea? Meridian City Council August 19, 2014 Page 42 of 74 Hansen: I don't. Thank you. De Weerd: Yeah. And I guess I would just add that I certainly wouldn't expect the school district to put in a full blown sidewalk outside of the right of way. I guess it would be my hope that we could work with ACHD in finding temporary solution until that area develops and a permanent solution can be found. So, I would hope that it wouldn't be hundreds of thousands of dollars more like less than that, so -- anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just my last comment on that. On this particular item we do have -- on the west side we have a nice sidewalk going down. We are going to have the flashers at -- at Victory and Stoddard and down at the -- whatever the other street is and Stoddard. I can go along with that, but I think when we -- as that develops it's only going to be -- once you get the planned development south of the school right now up to the start of the hill there, you only will have about maybe eighth to a quarter of a mile left. So, I think we can -- I think we can get that -- they will have to put it in there and -- I can get by this time. This isn't quite like Sawtooth. De Weerd: Okay. Anything further? Thank you. This is a public hearing and I would offer any testimony. Certainly we did have a question for ACHD. Thank you, Sabrina, for joining us. Well, if you will just state your name and address for the record. Anderson: Mayor and Council, Sabrina Anderson, planning and programing manager, Ada County Highway District. Do you have a specific question before I responded to a couple things I heard? De Weerd: No. Anderson: Okay. Just a couple clarifications. From the Planning and Zoning recommendation. There were three pedestrian crossing signals that our commission discussed having participation to that we asked the Meridian School District to completely participate in or fund. The one at Victory and Stoddard, the request from our staff report was for them to fund two-thirds of it and for the highway district to fund one- third by means of a road trust fund and, then, when we saw the development necessitated, which, essentially, would be pretty close to when the school went in, then, we would look at putting that in. It's kind of one of those things that the counts are necessitating it now, obviously, but as soon as the school goes in they will. We did have this discussion in the work session with our commission, so it was not just a staff recommendation and was fully supported by the commission. So, I just wanted to clarify that and make sure that Council was aware. I also I guess was just thinking after discussion came about, as Justin mentioned, we do have a hard time -- we had this discussion when there was a joint meeting -- as the Ada County Highway District getting Meridian City Council August 19, 2014 Page 43 of 74 off-site improvements and it's a Catch 22. Part of that is it's also hard for a developer, as they mentioned, to be able to acquire the right of way, obviously, when they don't have control of the property. We have seen this happen at Sawtooth. We have seen it happen with Heritage. What we have ended up having to do, though, from lessons learned, is had to go back and retrofit and acquire the right of way and put in those asphalt pathways until such time as we get the road widened and even, for example, at Sawtooth where I have had one kid go through and one starting next week -- is the road is still not getting widened, but we are still having to put it in and, then, retrofit it. And I would say from experience, both as a mom and from the highway district side, even if safety busing is provided, you still got a lot of times -- and many of you already mentioned that -- where it's not meeting what the need is. What we hear at the highway district is the times with after school sports, as the Mayor mentioned, sports that aren't even school sports that are being provided. It's the times when the kids miss the bus and they are riding their bikes that we have the problems. So, I don't think that that really satisfies what the problems are that we get the request from and I would guarantee that we will get a school district request and for the next five years when the road improvements are done. So, what it does is it will, essentially, just pass the burden back to needing to be a community programs project, which what it will do is it will, essentially, just push other community programs projects that you guys will have further down the list of schools that are already on the list, which is a challenge. So, we do have this opportunity now to have the highway fund have this challenge. The only thing that I could creatively come up with -- and I don't know if this is a good idea or a bad idea, I have run it through Justin -- is there is an opportunity to do what we are talking about doing with the crossing at Victory and Stoddard, is we could do a road trust fund for some of these improvements that we will need to work out the details on. So, for example, some of -- and I really hate to say sidewalk, because Stoddard, even Victory, we don't know if it would be a full sidewalk in terms of asphalt, but like an asphalt pathway, we would detach it. I'm not a huge fan of extruded curbs, but that would be kind of the last resort. But at least they would have a detached sidewalk. If we did get some additional right of way. ACHD or the city were the only ones who could do a right of way, either -- either entity, really could do that. We could get an easement or a right of way. But if there was an interest in having the school district participate financially, one mechanism -- and maybe you're trying to speak to it, but we could road trust for some of that, just like we would do for a pedestrian crossing and, then, come up with some financial partnerships once we worked out the details of, you know, what is the project. Knowing that it's all taxpayer money, it's just a matter of how do we -- you know, which pocket do we take it out of to make it work. That is how our commission came up with the idea of partnering on the pedestrian signals. Essentially, a road trust fund that's -- find a way to work it into our budget. It's just an option for you guys to think about. Even on Victory, it's the same thing at this point, we just have a master street map to widen it to three lanes. I do think that area will -- especially when the school is in development will come in and, essentially, start getting those pedestrian improvements. What we see is it kind of comes in patchwork, so even if we get some in -- and we might get some big areas in, but if we don't have a mechanism, like a road trust fund, you know, we will have to try to go in and patchwork and you will get one or two hold outs and we don't have a completed connectivity system. So, I don't know if Meridian City Council August 19, 2014 Page 44 of 74 that helps, I don't know if there is a specific question that maybe some of those suggest triggers, if there is something we can do to help, but we are concerned as you are about how do we get that in in these open areas, but that is a couple of them. De Weerd: Thank you. Any questions for Sabrina? We appreciate your comments. Anderson: Do you have any questions? De Weerd: Thank you. Any further comment from public testimony? Follow up? Any follow up? Okay. Lucas: Madam Mayor? Just to clarify. And I hate to do this, because I know you guy always read every word of the staff reports. De Weerd: We do. Lucas: I know and that's why I hate to do this. The current recommendation from the Planning and Zoning Commission does not include all three crossings and -- all three crossings and flashers. The Planning and Zoning Commission recommended that the school district build the one right next to the school at Stoddard and Kodiak, that they road trust for a portion of the one at Kodiak and Linder and that they not be required to participate in any way at the one at Stoddard and Victory. And so I just want to make that clear as you're going forward and considering your motion and action, that the recommendation before you does include all those things and so I just want to clarify that, because I know we kind of talked a lot about a lot of things tonight and I want to make sure you know what's before you in the staff report. Thank you. De Weerd: Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on AZ 14-006. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Items 7-K and J. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 19, 2014 Page 45 of 74 Bird: I move we close the public hearing on CUP 14-003. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-K. Any discussion from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did I hear you wrong? Did you say close the public hearing? Bird: I closed the public hearing first -- Zaremba: Separate -- yeah. Bird: She got off on J and K wrong. I closed it on AZ 14-006 and, then, I closed the public hearing on CUP 14-007. De Weerd: Oh. Sorry. Borton: Okay. Bird: I screwed up, too, I should have -- we should enact AZ 14-006 before we close the other one, I guess. We don't have to. De Weerd: Well, you can close them both closed them both. Bird: It was my fault. I'm sorry. You closed -- I thought you De Weerd: Okay. Well -- they are both closed already. Bird: I put the number down. I didn't go with the letter. Rountree: As soon as we vote in it they are both closed. Borton: Madam Mayor? De Weerd: Yes. Borton: If the hearings are, in fact closed, I would move that we approve Item K, AZ 14- 006, consistent with the recommendations from our Planning and Zoning Commission. Milam: Second. Meridian City Council August 19, 2014 Page 46 of 74 Rountree: Discussion. De Weerd: Okay. I have a motion and a second. Discussion, Mr. Rountree. Rountree: Though I can somewhat agree with where Planning and Zoning went with this, we have had some pretty frank discussions with the highway district and kind of reached an agreement that we would work together on these issues. I don't want to see us go the direction we have gone with the Idaho Transportation Department and we taking a position and them backing down from positions they have previously held. So, I would not favor that motion. I would favor that we approve this based on the recommendations from Ada County Highway District and that I would further add to that that we -- we require that the school district, Ada County Highway District and the city sit down and see if there is a mechanism to fund or a trust for the future development of sidewalks necessary in this area, because it's going to take all three to get it done, if, in fact, it does get done. And if it is an issue, then, we need to a take position on that. So, that's where I am with the motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Was that an amendment to the -- Rountree: Just discussion. But -- I can't amend the motion. De Weerd: If the motion maker is not, you can make a substitute. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As the motion maker I understood the part about having the cooperative discussion to try and create some master plan, how to facilitate funding mechanisms for these types of issues. That wouldn't necessarily resolve this particular application, unless we tabled it until we had those discussions, so -- Rountree: Correct. It would not, but at least it would bring everybody to the table. I think. Borton: Madam Mayor? I agree wholeheartedly. I think it's a great idea. I don't know how -- I don't know if it necessarily ties into the motion itself on the approval. It's not a condition necessarily, unless -- I might punt to Mr. Nary how to articulate that, if it's even doable. I understand the intent behind it and I'm supportive of it. I don't know how this application had strings tied to it to accomplish that. Meridian City Council August 19, 2014 Page 47 of 74 Nary: Madam Mayor, Members of the Council, I guess -- I guess I thought all of the strings we talked about were with the CUP, not with the annexation. I guess -- did I miss -- that's the way I read the report. All the strings of the things you're talking about are part of the CUP. If that's the discussion you want to have about expanding the CUP requirements, you could certainly do that. Rountree: We could do that with a CUP. But with the annex and zoning we still need to go with ACHD's recommendation. I believe that's the difference -- a different piece than what I'm talking about. Nary: Madam Mayor, Members of the Council, Council Member Rountree, I -- and Justin can correct me, but I thought the staff had put those conditions in the CUP from ACHD. Obviously your DA is another option as well with your annexation. But I was going to pull it up real quick. Lucas: Yeah. Just to clarify, Madam Mayor, Members of the Council, Mr. Nary, yeah, the way we structured the development agreement it does not necessarily contain conditions related to sidewalks and crossings. We felt those conditions were more appropriate in the CUP, because they were viewed as conditions of approval for this specific school site. Now, if we want to add some type of language into the development agreement and tie them to something, we certainly can do that, we would just need direction on what you would like included in a development agreement. As you know, we typically can't condition annexation, it's just a matter of if we have specific things, we put them in the development agreement and, then, we enforce those at the time. De Weerd: Well, Mr. Nary, I guess I always thought it was the appropriate place to put it in the annexation. Rountree: The development agreement. De Weerd: Yeah. And the development agreement. Nary: Madam Mayor, Members of the Council, certainly that is a fairly standard way. It's not always -- it's not very common anymore. You have CUPs that are tied to it, but that's certainly the direction staff took. If you wanted to go the development agreement route instead, that's certainly eligible to do that so -- so, you certainly can do that without with a concern. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, is the CUP part of a development agreement, too? It lays out the -- Meridian City Council August 19, 2014 Page 48 of 74 Nary: Madam Mayor, Members of the Council, Council Member Bird, so the development agreement is tied to your annexation -- Bird: And zoning. Nary: -- and the zoning. The CUP is a condition -- conditions that are tied to the annexation as well in the zoning, but they are separate from the development agreement itself. Bird: But they don't -- they can't be tied to the development agreement then. Nary: We don't normally tie those together. Bird: I know we don't normally. Nary: We don't normally tie them together. I mean they are standalone by themselves and it still requires -- Bird: I understand. Lucas: And this is somewhat just a little further discussion -- somewhat of a unique situation where you have an annexation and a conditional use permit without an associated plat and that throws kind of a wrench into it also. The Ada County Highway District in this specific situation, they can't really condition an annexation and they can't really condition a conditional use permit. They look to us to enforce their conditions in this situation. So, if we don't choose to include them in the conditional use permit or a development agreement, then, the highway district really has no way to enforce these conditions on their own. The reason we structure this the way we did -- we included a development agreement, which basically ties the applicant with this annexation and zoning to R-4 to only be able to do a school. So, if this fell apart and the school district sold this property, a new -- a new developer would have to come in and show us what they wanted to do with the property by modifying that development agreement. We feel like the conditional use permit is strong enough as a conditional use permit to enforce any and all of the requirements that were placed upon the applicant by the Ada County Highway District. Nary: Madam Mayor, Members of the Council, just from an enforcement standpoint, in your UDC the enforcement of the development agreement is a civil action that you have to file as -- especially a contract breach, whereas your conditional use permit it comes back to you. So -- actually, it might go back to P&Z I think. The violation is a notice to the offender as to what the violation is and an opportunity to cure in a public hearing in front of the Planning and Zoning Commission for the violation. So, the process is a little faster if they don't comply. So, it's just two different mechanisms and trying to achieve essentially the same thing, which would be more effective, but Justin is correct, from an enforcement standpoint either one is equally as enforceable by the city. One is a little bit quicker in just the way the process works. Meridian City Council August 19, 2014 Page 49 of 74 Bird: How come you're always right and I'm wrong? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: At the risk of sounding confused, the -- what's before us is what was recommended by the Planning and Zoning Commission, which does not include more than one HAWK signal. Only one HAWK signal -- De Weerd: Two. Rountree: Two. Zaremba: Okay. So, that's what I need explained to me. They have -- I thought Justin said that they only required the one on Stoddard and had no mechanism for getting the other two. But either way that's different from what ACHD recommended and my question is -- we are not actually acting on what ACHD recommended, unless we change what's before us and add it back as a new condition. Am I correct in that? De Weerd: That's correct. Zaremba: Okay. Lucas: And just to clarify, the school district is only required to actually build one crossing and that's just what I may have said. They are building the one directly adjacent to the school when they build the school. That's -- they have never had a problem with that. The other two -- they are providing a road trust -- and it's not even a road trust for the full amount. ACHD, to be quite honest, has already agreed to a partnership on those other improvements. We agreed to -- and, Sonya, if you would put up that -- that table which shows the cost breakdown. I think we have that in the -- in the ACHD staff report. They have already agreed to a cost sharing agreement for those other two crossings that won't be built necessarily when the school was built, but be built when they are -- when they are needed and determined by ACHD. Thank you, Sonya. So, you can see the cost breakdown of how -- what ACHD has proposed for -- for those other two crossings. I hope that helps clarify the timing and the construction and who pays for what. Zaremba: Madam Mayor, follow up. So, the school district still would be involved. What the Planning and Zoning Commission relieved them of was having to put a bond for it. But that doesn't mean they are not going to participate in the other ones, they just don't have the bonds now. Lucas: Madam Mayor, Councilman Zaremba, well, I think by removing the requirement for the school district to post a trust or bond, whatever you want to call it, for an Meridian City Council August 19, 2014 Page 50 of 74 improvement, it does, in essence, remove the school district of any responsibility for that -- you know, for that site, because when something is built in the future, you know, the school district is basically just putting money into a pot saying we are going to put this money into this pot that will help to fund this future improvement and that's how it was structured by ACHD. I think ACHD, in an attempt to work with the school district, which is also a taxing agency, they were trying to come up with a compromise and, as Sabrina stated, this is the compromise that the Commission felt comfortable with and what they set forth at the Planning and Zoning Commission. Now, our Planning and Zoning Commission modified that compromise a little bit, which they have a right to do as a recommendation -- recommendation to the Council. Zaremba: Thank you. De Weerd: Okay. Any other questions? Okay. We do have a motion on the floor. I don't think it was changed or modified. So, the motion in front of you is to approve the recommendation by Planning and Zoning, which would not include pretty much what ACHD had recommended. So, we have a motion, a second, any further discussion? Madam Clerk, will you call roll. Roll Call: Bird, nay; Rountree, nay; Zaremba, nay; Borton, yea; Milam, nay; Cavener, nay. Borton: Goodness gracious. De Weerd: Okay. Mostly noes. One yes. Five noes. One yes MOTION FAILED: ONE AYES. FIVE NAYS. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item K, AZ 14-006 with the recommended action from Ada County Highway District. Milam: Second. De Weerd: I have a motion and a second to approve Item K as amended from the P&Z recommendation. Any discussion? Madam Clerk, will you -- Nary: Madam Mayor, could I just ask one question -- De Weerd: Oh. Sorry. Nary: -- for the motion maker. So, you want that in the development agreement is what I would understand. Meridian City Council August 19, 2014 Page 51 of 74 Rountree: Yes. It needs to be clear -- Nary: Okay. Rountree: -- one place or the other, because we have thrown it both ways. Nary: Okay. Thank you. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-J. Bird: 7-L. De Weerd: 7-L. Sorry. I keep calling it J. We are going backwards. We are going to be longer. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8 -- CUP 14-003, for Meridian Middle School, with the conditions for the school to create a task force to work with Ada County Highway District and City of Meridian on ways to potentially fund a public -public -public partnership to accommodate the safety of school children where access is in question. Bird: Second. De Weerd: Okay. I have a motion and a second and I really look forward to reading that particular one. Any discussion from Council? Lucas: Madam Mayor, just to clarify. De Weerd: Oh, come on -- Lucas: I'm sorry. I know that we tried to find the -- just to clarify to the maker of the motion. The conditional use permit -- basically what I understand from the previous motion relates to the annexation. We will go ahead and include the cost sharing as Meridian City Council August 19, 2014 Page 52 of 74 agreed to by the -- as proposed by the ACHD commission in the development agreement. I'm clear there. I also believe as part of your motion in the conditional use permit, it would be appropriate, then, to, basically, revert back to the original staff recommendation on the conditional use permit, which, basically, was concurrent with the ACHD recommendation. That way the DA and the CUP will be exactly the same in how they treat the cost sharing for those improvements. Rountree: That was my intent. Lucas: Thank you. I was just clarifying. De Weerd: In addition to that, a task force to look at how we can connect safe sidewalks on temporary -- in a temporary fashion. Lucas: And on that motion -- that condition that we will add to the conditional use permit, is there any type of time frame or anything you would like to attach to that, just because I fear that conditions are somehow enforceable and 1, you know, would like to have something there that we can point to and say that they either met that condition or not, so that we can deal with it when it comes up through the certificate of zoning compliance process. De Weerd: Geez. Rountree: Well, the timing would be that it -- the task force would be initiated upon successful completion of the next bond issue. Lucas: Thank you. De Weerd: Okay. Any further discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. M. Public Hearing: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision Meridian City Council August 19, 2014 Page 53 of 74 De Weerd: Item 7-M was requested to be continued to September 16th. So, I will go ahead and open the public hearing on VAC 14-004 and ask Council if -- for a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue VAC 14-004 to September 16, 2014. Milam: Second. De Weerd: I have a motion and a second to continue this item to September 16th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. N. Public Hearing: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District De Weerd: Item 7-N is a public hearing on PP 14-012. 1 will open this public hearing with staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is Ventana Commons Subdivision. It's located on the east side of North Meridian Road, approximately a quarter mile north of East McMillan Road and it sits adjacent to Joint School District No. 2, Heritage Middle School. As you can see here, this property was -- consists of 18.21 acres of land. It is a remnant parcel left over from the previous stages of the Ventana Subdivision in which you acted on in 2004. With the annexation of this property the city did not require a development agreement. It went through our planned unit development process and those conditions were tied to the previous two phases. In 2006 the applicant did receive final plat approval for this third and final phase of the Ventana Subdivision, but the applicant failed to record that plat and they did not seek an additional time extension to keep that plat valid. So, this is a remnant portion -- a parcel left over from that and the applicant here -- is here tonight to discuss replatting this as Ventana Commons. The plat will consist of 70 residential lots and four common lots in the exact same configuration that was presented to you in 2004. The open space of the site consists of approximately 8.3 percent. The only reason for the reduction is that this would be a -- fair to say it's really tied into phase one and phase two as part of the amenity package and the open space. So, if you take this phase and the previous two phases, you have open space in excess of 15 percent, which is above what the UDC requires. Also with the previous two phases there was a Meridian City Council August 19, 2014 Page 54 of 74 pool, a clubhouse, a tot lot, multiple ten foot multi -use pathways through this development. So, this proposed development included with the two previous phases is -- exceeds what the amenity requirements are in the UDC and also the ten percent open space. With the earlier phases as well the street network was provided to provide connectivity to the subdivision. There is a short collector street segment here that's running west to east that was built with the phase two. The applicant is, again, extending into -- off of that collector street, which was envisioned with the original plat and tying into the existing stub streets that were built with the second phase in Ventana, which was, again, consistent with that approval. I would also point to Council that these block lengths also comply with the current standards of the UDC. So, even though they had -- or different lot sizes approved under the PUD process, the plat before you this evening does comply with the R-8 standards, the lot sizes, and the block length requirements of our current subdivision ordinance. I did call out in the staff report that there are two lots along the south boundary that don't meet the frontage requirements of the UDC. The applicant is conditioned to comply with that request. Here is the open space that I discussed with you. Again, it is consistent to what you acted on in 2004 and it's consistent with today's ordinance as far as size, tree plantings and requirements. The UDC does require a 25 foot wide landscape buffer along Meridian Road and that would be installed with the final plat. As previously discussed in the earliest -- earlier presentation this evening, a sidewalk was required as an off-site improvement back in '04, '05, and that currently exists to get the kids to the middle school to the south of this project and the applicant has also provided a tot lot -- or, excuse me, a passive open space lot as well. That has a ten foot pathway that's constructed to the school's property as well to provide interconnectivity with the subdivision moving forward. Here are some sample elevations which are consistent to what is currently built in the first two phases. Staff does have a condition in this staff report that the developer or home builder in the subdivision construct homes with the similar building materials. These decorative features that you see on the front fagades, we want to make sure that the pop outs, covered patios, a mix of building materials, decorative trim, are also provided on those elevations adjacent to Meridian Road, so we do have an attractive streetscape as you go down that arterial roadway. The Planning and Zoning Commission did recommend approval of this project to you at their July 17th hearing. Speaking in favor was Becky McKay on behalf of the developer. Tamara Thompson commented on the application. She was representing the school district. If you had a chance to read the staff report our original recommendation was that the applicant or developer provide a stub street to the school district property, because the school district has contemplated selling off surplus property for land -- it seems to be a maintenance issue for them to maintain all of the excess land that they have out there, so they are entertaining selling off a portion of their developed properties and have them redeveloped and so our original recommendation was to have a stub street and utilities stubbed to the school district property. After the public hearing the Planning and Zoning Commission did remove that requirement and did not require the extension of that stub street or the utilities and so that is the only change that was made to the staff's recommendation is continued this evening. Staff has not received any additional written testimony on this application since the Planning and Zoning Commission and I did receive confirmation from the applicant this evening that they are in agreement with the Meridian City Council August 19, 2014 Page 55 of 74 Commission's recommendations for the exclusion of the stub streets and the utility extension. With that there aren't any outstanding issues for you on this application. I'd stand for any questions you have. De Weerd: Thank you, Bill. I guess just for clarity, in the original staff report you did ask for the stub and the utility extension. Parsons: Madam Mayor, Members of the Council, that is correct. The staff recommendation was the application was to bring you a revised plat showing the stub street and the utility extension, but the Planning and Zoning removed that requirement. De Weerd: And, Bill, just to follow up on that, isn't that what we require of development, to stub to the properties that are undeveloped surrounding them and to provide utilities to the property line? Parsons: Madam Mayor, Members of the Council, to kind of summarize what happened at the hearing -- typically, yes, we would do that, but I think ACHD weighed in on this and our thought process was the school is a developed site. This is in new plat. Staff's stance was, well, if there is a possibility let's get this -- let's try to get it. Let's put a condition in there and working with ACHD, they didn't have an opportunity analyze the stub street, because that wasn't part of the plat that was submitted, it was something that happened after the fact. Based on their comments they said they would support a stub street to this property, but they did not want a crossing or another connection to McMillan Road, because of the canal that runs across there. When we got to the Planning and Zoning Commission we were discussing these things. There was a concern about block length, about a one-way entrance and a dead end cul-de-sac into that and how would we get a secondary access to that development. So, the Commission weighed in on what ACHD would support. They weighed in what staff was recommending, they could see a need for that. The applicant even made a large argument that there is more benefit to lease that out to other folks out there for recreational opportunities, for a PAL or soccer, that they could rent from the school district and use fields and ball fields on the weekends if they want to help with maintenance of their facilities and I think council bought that argument and decided that right now at the time that this plat came through the city didn't require it, the school site is developed, they didn't feel it was -- they felt it wasn't appropriate at this time to require that of the applicant now. De Weerd: Thank you. Okay. Any questions for staff at this point? Okay. Would the applicant like to make comment? Good evening. McKay: Good evening. De Weerd: Thanks for sticking it out. McKay: I toughed it out. But it was entertaining, have to admit. The different discussions kept me -- kept me engaged. Becky McKay with Engineering Solutions. Meridian City Council August 19, 2014 Page 56 of 74 Business address 1029 North Rosario here in Meridian. I'm representing the applicant on this particular application. As Bill indicated, this was annexed and zoned back in 2004. We brought through the first and second phase and they were built, constructed, recorded back in 2005. In 2006 we designed the third and last phase of this particular project. However, we put it on hold due to the recession. A time extension was granted that took us back to 2008 and, then, the developer just decided to just kind of sit tight. So, the preliminary plat has expired. However, when this particular property was developed, the school site was part of the Ashenbrenner parcel. I worked on the original deal with the school district, because Mr. Ashenbrenner would not sell to the school district, because he said they just want a portion of my site for a middle school, I don't want to sell just a piece, I want -- you know, if I'm going to sell I want to sell the whole thing and he said I'm not ready to sell anyway. So, we did put a developer together. I went Mr. Ashenbrenner and we luckily did a deal with the school district, with one of my developers as far as making this happen, so that this school site could move forward. One of the things that we had to do was to design the sewer and build it to the school. So, the streets -- some of the streets in this third phase -- the sewer is already constructed. What's before you tonight is the third phase, consistent with what was approved on the original preliminary, consistent with the final plat that was approved back in 2006. And this issue of a stub street arose out of a verbal discussion with the school district. This middle school site is designated civic on your Comprehensive Plan land use map. It's for public use. The school site is completely developed. It is not excess property or surplus property, it is developed. There is ball fields. There is a track. It's landscaped. It's irrigated and currently all of it is maintained and utilized by the school district. We were surprised when we were told that they -- they were -- might contemplate slicing a piece of the eastern portion which abuts Saguaro Canyon Subdivision and higher end lots and spin that off to a developer. I was shocked and surprised, obviously, that the utilities that were installed -- I mean this was intended for a school. It was always going to be a school. There are no stub streets to Saguaro. They would have to exceed the maximum allowed cul-de-sac length. They would have to contend with residents that believe that they bought next to a middle school ball field and probably paid a premium price for their homes because of that. I was shocked and I said, well, if the school district is concerned about their long-term maintenance costs, maybe they should enter into a partnership with PAL soccer, little league baseball, Optimist football to possibly lease portions of their site, if that is the plan. But this site has always been intended for public use and to try to retrofit an existing school site just -- I think is really poor planning. If this were an undeveloped school site and they were going to a smaller footprint and they didn't need a portion of it, then, that would be make sense. But it did not. The Planning and Zoning Commission, they agreed with -- with us and they said everyone in this area uses this school site, we see kids out there -- multiple Planning and Zoning Commission members said I drive that -- that Ustick corridor all the time -- or McMillan corridor and I see kids out there all the time and people using that open space and to take that open space away and put entry level homes there, we think that's a bad idea, because this -- this area is used to the public use of this site and they removed the condition for a stub street. There is no ability for them loop the water -- I mean if -- it just didn't make any economic sense and the cost to us was extremely high, well over a hundred thousand -- or 200,000 -- at least 200,000 Meridian City Council August 19, 2014 Page 57 of 74 dollars. Stub street. Utilities. If I had to change the street -- there is already -- you guys already have a sewer line that's in there that goes down to the middle school. I mean it was a significant impact on our site. Do you have any questions? Rountree: Do you have an opinion? McKay: I do have an opinion on the sidewalks to the schools. I recommend that they go get easements. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to conclude, no stub street, but still a pedestrian pathway that would connect to the school site. McKay: Yes, sir. We have a little -- we have a little knuckle that we designed in there for parents to drop off, pick up their kids, and a ten foot multi -use pathway that goes through open space, all the way down to the school site and it matches up with their existing pathway that leads right to the school and that was the other thing, the -- their plan would require that they -- to move and relocate their track and a ball field. So -- I mean when you look at the cost incurred and for what yield would come out of it, I don't believe it's economically feasible and I don't believe it will ever happen and I'd just hate my client to spend a couple hundred thousand dollars to something that shouldn't and probably won't happen. De Weerd: Well, you shared your opinion, I will share mine. I was a little stunned with the announcement that the school district would be looking at some of their fields for redevelopment opportunities. More in particular concerned about in Old Town, because there is such a lack of open space. What I do know is as dollars get tighter and schools are demanded by taxpayers to look under every rock for solutions to their growth problem, they do have to be creative. There are many housing areas that are transitional properties that will someday be leveled and a higher and better use will be put in there. I would imagine same with a green open field. I see it as the school district trying to be responsible to their taxpayers and utilizing what they have and being able to care for what they have. If you have been out on that field it's -- it's kind of green, but I don't think anyone wants to run through it with bear feet or, you know, go and frolic, laying down in it either. So, I do understand what they are -- what they are doing and don't want to close the door on any options to provide a higher and better use while providing additional funding sources to their growth challenges. McKay: Madam Mayor, I agree with the school district needs to make every dollar count, because our children's education is paramount to this community. I just don't believe that it is even economically feasible for this site to redevelop. It -- based on the costs they have to incur to move existing facilities. And like you said, we are always looking for more open space for the kids. Leasing to one of the other organizations that Meridian City Council August 19, 2014 Page 58 of 74 could utilize that for soccer or whatever the case may be, I see that as -- redevelopment of this as the equivalent of the city deciding to sell off a portion of Settler's Park to a developer, because they want to utilize those dollars and dollars are tight. I mean that -- that would be a travesty, too. And that's how I see this and there may be some school sites that -- that utilities are there, secondary access, the water is looped, it makes sense and they don't have to relocate facilities and it will pencil out. This is not one of them. And if I build it that's money out of -- a substantial cost and if they decide, well, no one will buy it, because it's not economically feasible and we can't afford to move all the facilities, we spent a couple hundred thousand dollars for nothing. I mean that's -- when it's developed all the way around it, I just think that it should -- adding a stub street to an existing developed school makes no economic sense -- or no logical sense. De Weerd: Any questions for Becky? Bird: I have none. Rountree: I have none. De Weerd: Thank you, Becky. So, you're earning your wage tonight Anderson: I am. Good thing I'm a night owl. For the record Sabrina Anderson, planning and programing manager, Ada County Highway District. I just wanted to clarify the highway district's position on this. I did visit a little bit with Justin. From the highway district's perspective we would support a stub street if it is the land use agency's desire to redevelop that site. So, because of the canal on McMillan and because of the proximity to the signal of both locations, it's not going to be able to get access on McMillan. So, if this is something that you want to be able to redevelop it needs to stub through the neighborhood, which would be the case regardless of what the existing site is. So, with the pending school district action on Sawtooth to do something similar, it's, obviously, a land use decision if that's something you want to support, but if it was going to do that it would need to stub through an existing neighborhood, so I just wanted to clarify that, that that would be the needed requirement if that's a subsequent decision you want to leave open, so -- if there is any questions I can answer that, but I just wanted to clarify that. Our staff report left that door open. De Weerd: Thank you. Any questions for Sabrina? Okay. Thank you. I would just point out that little green clover, that's maintained by the city. You can see how beautifully we do that. Just saying. Okay. Comments or questions from Council? Any further comments from the applicant? Rountree: No questions. De Weerd: No? Okay. Rountree: Madam Mayor? Meridian City Council August 19, 2014 Page 59 of 74 De Weerd: Mr. Rountree. Rountree: No further comments, I move that we close the public hearing on Item 7-N. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on 7-N. 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 14-012 with the recommendation from Planning and Zoning not to have it provide a stub street or a utility extension. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-N as recommended. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. O. Public Hearing: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District P. Public Hearing: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision Meridian City Council August 19, 2014 Page 60 of 74 De Weerd: Item No. 7-0 and P are public hearings on PP 14-011 and MDA 14-008. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on your agenda this evening is the Chinden and Linder Crossing Subdivision. The property consists of 9.34 acres of land that's currently zoned C -C within the city. This piece of property has also gone through many renditions over the years. It started as the Knightsky Estates and was approved as a mixed use development that included townhomes, commercial and single family. Since that time a portion of it has been split off and developed as the Spurwing Challenge Subdivision, which developed with a nine hole executive golf course and estate lots here, which you see to the -- to the west and, then, also a portion of the TN -C that was platted with this -- of annexed in with this property was rezoned to include more C -C. And, then, in the most recent application on this site was back in 2013 when the Council approved a variance -- an access variance to have right -in, right -out only access to Chinden Boulevard. You can see here that the site is partially developed with some buildings in the county being used for agricultural purposes. Those will be removed upon development of this site or with the subdivision. Here is the concept plan slash preliminary plat that is before you this evening. One thing that I would mention to you -- because of all of those renditions or morphing of this property and rezoning, this site is currently subject to three development agreements and so with the development agreement modification this evening staff is recommending that the Council terminate all three development agreements and have the applicant enter into one new agreement subject to the provisions or the conditions of this project moving forward. You can see here on the submitted plans that the applicant is showing nine commercial lots and nine commercial buildings. They range from retail to restaurant to banks to office use here. One thing that the applicant has done notably well on this site plan is he's actually oriented all the buildings up against the street to pull that away from the residential uses to the north and that's something that is consistent with our mixed use standards in our Comprehensive Plan. I recall back in 2013 when the variance application came through, there was quite a bit of testimony about how the street would interface -- be brought through this site and interface with the adjacent residential subdivision. I'm happy to report that ACHD has required the applicant provide some kind of traffic calming to transition that commercial use into that residential stub street. Staff has also made a recommendation in the staff report that from this point back there is some kind of choker or traffic calming system be in place. The applicant will have to work with ACHD and the fire department on that moving forward. But that is a condition in the staff report. If you recall back in 2013 when the variance came through, the access was closer to the intersection approximately 500 feet. This access point on this plant has been moved back approximately 700 plus feet from the intersection, making it a little bit safer for vehicles entering and exiting from the intersection and that is consistent to the variance and the location that was approved with the development to the south of this as well. Moving forward, the applicant will have to work with ITD on getting the necessary permits in place and mitigating any hazards to the roadway, meaning maybe a center median to restrict that access moving forward. I have been in discussions with ITD. They do have a new person over there that's handling the permitting over there for the access permit and I did inform them that Meridian City Council August 19, 2014 Page 61 of 74 the city has acted on a variance for this site moving forward and he's going to get with the applicant and work with them moving forward. As I mentioned to you -- well, stepping back here, the UDC has minimal design standards as far as lot size requirements for this subdivision. The only dimensional standard in the UDC would be the 35 foot wide landscape buffers adjacent to Chinden Boulevard and Linder Road. Because there is commercial zoning up against a residential subdivision, the applicant is required to provide a -- basically a 25 foot wide landscape buffer along the north side of the road. I would point to Council that the landscape buffer for this lot here up along the residential subdivision would be installed with lot development, not necessarily with the subdivision. However, this is a common lot and this is also proposed as a common lot with a plat and those would have to be completed with the subdivision improvement. So, a portion of that buffer will be installed with the subdivision and a portion of it would happen at lot development. The UDC also requires that a ten foot multi -use pathway be constructed along Chinden Boulevard and that would be constructed with the first phase. So, as you can see here with the development of Spurwing Challenge and with this being developed, the city would only have a half mile of interconnected pathway along Chinden Boulevard on both sides of the road moving forward. So, we are starting to get quite a bit of pedestrian connectivity in the area. The applicant did not submit any elevation for you this evening. They want to be subject to the requirements of the UDC and the design manual and as such we have placed a condition in the DA -- or provision in the DA that requires them to go through that process and work with staff moving forward. So, as I mentioned to you, there are three DAs on this site. Staff wants to have you terminate those three and have the applicant enter into a new DA and these are the provisions that we are recommending this evening. The first is general compliance with the concept plan that I just showed you with the nine buildings. Because we know concept plans do change over time based on users and market demand, we have restriction that the site to a minimum of six commercial buildings and one building may not exceed 30,000 square feet and the reason why we came up with that 30,000 square foot minimum -- or maximum is because of the mixed use standards in our Comprehensive Plan -- typically want to see smaller scale buildings with that type of zoning district and with that type of land use. So, that's the appropriate size called out in the comp plan, so we felt that was the maximum we would -- would allow for a single building on the site. And, then, one thing I wanted to point out as well is you can see here with this construction of the roadway there are some pedestrian connections that come in. They don't necessarily come into -- into the internal portion of the development, so because this is the central location or central access point, staff is recommending that these pedestrian walkways on either side of this driveway be extended into the site to these retail pads or restaurant pads moving forward. And that would happen at a certificate of zoning compliance stage or staff level. As I mentioned to you, no elevations, so staff is requiring that the applicant comply with the design standards in the UDC and the Meridian design manual. As I mentioned to you, there are several drive-thrus proposed for this site. This site plan does not vest them with any drive-thru use on this property. If they are within the 300 feet of that residential district the applicant will have to go through a conditional use process and that's, basically, what that provision is for. And, then, as Council would recall, back when this project was first annexed, the previous developer proposed to install a monument sign on this Meridian City Council August 19, 2014 Page 62 of 74 site and so in honoring that commitment made to the Council back in '06, they were willing to work with staff and they are more than happy to construct a full monument sign along the Linder Road entry point into the city. Details for maintenance and cost for that will be worked out with the city moving forward, but we at least wanted to get that on here, that there is no easement at this point for the sign. The applicant has agreed to build it, so as far as maintenance and where the placement of that sign goes, that will be worked out with city staff moving forward. De Weerd: As I recall, Bill, the original development -- they were going to put a water feature that was similar to Laguna Point or -- what was that development that Creston, Thornton and -- yeah. Whatever the names were. Parsons: You're correct. And that's tied into the development agreement with the water feature and -- De Weerd: So, I was looking for that on that plat. I was looking for that nice little water feature. Parsons: Well, since that time we have new design standards for the sign, so they are going to build to what you acted on and the design concept that has been approved. De Weerd: It will be much more appealing to them knowing this big waterfall that we had in mind. Parsons: Yeah. And they communicated that to us. I think they are happy to oblige. And, then, because there is no phasing proposed for this development and we wanted to make sure that we did get that connectivity and those landscape buffers along Linder and Chinden with the first phase of development, we will take that as a condition -- or a provision as well in the DA. And, then, also because ordinances change over time and developments can either move at a fast pace or a slow pace, depending on market conditions, we wanted to make sure that future development on the site complied with any ordinances in effect at the time that they submit an application. So, during the Planning and Zoning Commission hearing the Commission did recommend approval of the preliminary plat to you. Speaking in favor was Laren Bailey and as far as any other additional public testimony or outstanding issues, there weren't any. No one came to testify on this application. So, it is a fairly clean application this evening and staff has no outstanding issues to report to you and, like I said, the Commission did recommend approval and I will stand for any questions you have. Rountree: Questions for Bill? Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council August 19, 2014 Page 63 of 74 Zaremba: Just one little one. You mentioned their roadway that connects to Chinden. They have moved it some distance west. That sounds like a good idea, but I just wanted to confirm that it is still a right-in, right-out in the new location. Parsons: Council Member Zaremba, that is correct. This actually isn't a roadway, it's actually a commercial driveway. But, yeah, it's shifted to the west approximately 700 plus feet and it will -- based on the approval of a variance, it has been approved by this Council as a right-in, right-out only access point and will remain as such. Zaremba: Great. Thank you. Rountree: Further questions? Bill, just a comment or a question. On these kind of developments adjacent to R-4 or better, if you will, residential development, we have had significant issues in the past and conditional use permits related to such things as a McDonald's or a Sonic or whatever. We have in the past had developers commit that it will occur in certain spots and, then, it happens. So, has that been addressed at all in the development agreement? We just deal with that at the conditional use permit stage? Parsons: Councilman Rountree, if you look at the concept plan here, there are no uses tied to the site until we have actual development. Rountree: Okay. Parsons: Certainly, if it's your desire to have something like that in the DA you can do that. As I mentioned to you in my presentation, there is nothing in here vesting them with a drive-thru use here. They will have to go through the conditional use process. But certainly I think some of the traffic calming that was approved or required would help with that. And, quite frankly, in the UDC we don't differentiate between drive-thru uses. We don't say a restaurant use is any different than a bank drive-thru. We all know they function differently, we all know they generate different traffic uses and they are more impactful on the neighborhood based on those uses, but in this particular case we have not addressed that concern. Rountree: Thank you. Anymore questions? Bird: I have none. Rountree: Is the applicant -- I'm sure you're there in the back of the room. If you would state your name and address, please? Bailey: Yes. Councilmen. My name is Laren Bailey with LEI Engineers and Surveyors. Our business address is 3032 East Copperpoint Drive, Meridian, Idaho. As Bill said, I don't think we really have any issues with the staff report. We are in agreement. We have been working with ACHD on doing a choker there where the project leads into Spurwing, some traffic calming there. It's pretty straight forward. We have also been in Meridian City Council August 19, 2014 Page 64 of 74 discussions with ITD about the access, working through that process with them currently. The other -- the other issue I wanted to point out -- not trying to pat on the back or anything, but currently -- excuse me. Currently the subdivision to the north does not receive their irrigation water because of other developments and other things that happened in the past to cut that off. We are actually proposing to bring the water from the southwest corner of the project over to Linder Road where there is actually a pipe in place that leads down to their subdivision that will supply them with irrigation water. Just trying to clean up some of those issues from the past and move that forward. As Bill pointed out, you know, this is a concept plan, you know, uses -- we don't know what's going to come yet, who is going to want to buy what and that's why we -- you know, we gave you a concept to show you what it might look like, but we want to come back at that time and discuss those if they are conditional uses or goes through the building process -- building permit process accordingly. So, with that I will stand for any questions. Rountree: Any questions? Bird: I have none. Rountree: Any further comments? Bailey: What's that? Rountree: Do you have any more comments? Bailey: I don't. Rountree: Okay. Bailey: Thank you. Rountree: It is a public hearing. Anyone wish to testify? Frank, come on. Ward: Allen Ward. I live at 6598 West Barney Lane. I live in the subdivision to the north of this. Rountree: Okay. Ward: I'd just like to comment a couple things that -- Rocky Mountain development did very good in involving us what's going on, so I commend them on meeting -- they have met with me a couple of times. But they have put together something that's much better than was previously presented to the Council. We like the buildings out to the front. The only concern we kind of have is the restaurant issue that you guys talked about a little bit, that we really don't want the restaurant issue in there. But I guess that comes later when you guys approve lots or whoever wants to go in there. But we would like to not see that if possible, the fast food part of it. The sit down restaurant probably is a Meridian City Council August 19, 2014 Page 65 of 74 little different clientele. That works. They mentioned -- or I have had a talk with them on the fencing issues. They are willing to work with us on that, on how to fence that property. Runoff of the irrigation system so that it doesn't come onto our property. Some of that property is higher than the housing -- the land that is there with the homes. And the lighting issue, not to have a lot of lighting, so you have a lot of glare. I don't know if you have ever been to the Fred Meyer across the road, but there is a light about every 20 feet, so just tone it down so it's not a big issue on glaring and he has said that they are working on that to make sure that it doesn't go past the road, but -- the angle of that, but also, you know, just don't want to illuminate the whole thing all night long. I commend them on what they have done. I think it's a good project and I'm looking forward to working with them more. Thanks. Rountree: Thank you. Any further testimony? Any further wrap up from the applicant? Well, I appreciate the good words that have been spoken about you in your effort and we will see where we go from here. If there is no further testimony -- any further questions? Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: Madam Mayor. I move we close PP 14-011 and MDA 14-008. Milam: Second. De Weerd: I have a motion and a second to close the public hearings. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-011 and include all staff, application, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-0; is that correct, Mr. Bird? Bird: Yes. De Weerd: Okay. And a second. Any discussion from Council? Madam Clerk. Meridian City Council August 19, 2014 Page 66 of 74 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 14-008 and to terminate the three existing agreements and enter into a new one, including all staff, applicant, and public testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-P. Any discussion from Council? I would just like to make a comment that this is a positive development. I think there is great opportunity now that you have the fast food place and lights across the street, this allows for some great opportunity for something different that will support the Spurwing area that it's connected to and certainly being a different choice to those that are going to visit that area and I think that area is going to get a lot of visitors with the temple going in and that sort of thing, so a positive change. So, thank you. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. O. Public Hearing: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones De Weerd: Okay. Our last public hearing is 7-Q on ZOA 14-002. 1 will turn this over the Justin. Lucas: Thank you, Madam Mayor, Members of the Council. Tonight before you is a request from the planning division to modify our Unified Development Code. It's -- Meridian City Council August 19, 2014 Page 67 of 74 periodically, you know, we will bring these before you every about six months. This one was really classified as a -- as a cleanup to our UDC. It really contains items that we determined were relatively straight forward and did not anticipate a lot of public testimony or interest. That being stated, I did take these items out to the BCA to one of their meetings and talk to them about it. We do outreach, both internally and externally to give people with interest a chance to comment. I didn't receive any comments. I didn't really anticipate any due to the nature of these cleanup items, but I want to make that very clear that this wasn't done in a vacuum and we did reach out to people. That being stated, the text amendments before you tonight relate to landscape buffers, fencing for daycares, the public meeting process, which was previously not described in our code. Parkways along arterial at streets. Posting for public hearings. Cul-de-sac measurement. The one item that is -- could be deemed significant, but we felt was important to include in this update was the removal of construction sand and gravel mining as a conditional use in residential zones and that's something that we wanted to do and felt it was appropriate to do based on our experiences with that use in residential zones. So, that stated, this -- the Planning and Zoning Commission recommended approval at their July 17th hearing. No one spoke in opposition. No written testimony has been received on this application and since it is a staff initiated text amendment, staff is obviously in support of these -- of these changes to our Unified Development Code and I can certainly stand for any specific questions you may have about this process. De Weerd: Thank you, Justin. Any questions? Mr. Zaremba. Zaremba: Not really a question. I would just comment that I really appreciate the removal of construction sand and gravel mining as a conditional use in residential zones. I support that removal. De Weerd: Any other comments or questions? Or sideway questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No sideways. Comments about that. And I agree with it based on our experience. But I believe there is -- I don't know if it's in UDC or someplace else where it talks about site development and the moving of material and I think it explains the ability to move material off of the site. Somewhere that sticks in the back of my mind as one of the reasons why we kind of went along with this mining to begin with. But, Bill, does that ring a bell with you in any of the ordinances? Nary: Madam Mayor, Council Member Rountree, you know, it -- it does sound familiar and why we tried to distinguish the mining operation separately. Here I think we took the same definition of what we considered to be the mining portion and that basically does not allow it in the residential zone. But just remove -- normally if you're removing Meridian City Council August 19, 2014 Page 68 of 74 dirt and things like that it doesn't require any permitting or anything like that in the normal operation. Rountree: I don't know. It may still be there, but I thought there was something about moving it for commercial purposes. Nary: We will check into that. Rountree: In other words, developers in a lot of these subdivisions take a good share of the top soil and sell it. But they do it because they have got to get the site prepared, they have got to get the elevations right and they are not going to take the top soil off and, then, dig the sub base out and move it someplace else, because they can't get rid of it at a premium price like they can the top soil, so -- and I thought we had something somewhere that talked about that. Nary: Your memory is really good, Council Member Rountree and so we will double -- Rountree: Getting worse every day. Nary: It used to be really good and so we will double-check and make sure that we are not getting -- we are not creating a conflict for the next revision. Rountree: Yeah. I don't know where that would be, but -- Nary: All right. Rountree: -- and it could have been gone with a revision in the past. Nary: Sure. De Weerd: Okay. Any other comments? I would ask if there is any public comment, but seeing we are kind of light on the public -- Zaremba: Madam Mayor, seeing no public comments, I move we close the public hearing on ZOA 14-002. Rountree: Second. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on 7-Q. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? Meridian City Council August 19, 2014 Page 69 of 74 De Weerd: Mr. Zaremba. Zaremba: I move we approve ZOA 14-002. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-Q. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Berton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. City Clerk's Office: Room Reservation Policy Update De Weerd: We are finally to Department Reports and we have been waiting for this room reservation policy update with bated breath. Jones: Yes. Madam Mayor, Members of the Council, if you're comfortable I'm going to remain seated for this presentation. We originally brought this to you -- I looked it up -- in April of last year. So, there has been a bit of a delay getting this back to you and I apologize. The goal of this update is to bring the policy back to basics of what the original intent was with the rooms when we moved into this building. The original goal was that we would have rooms available for our HOAs, for our developers, for public notification of road projects and, then, for city staff for things like training and as we have grown and as the city has grown and the word of our wonderful facilities has gotten out, our room reservations quickly got bogged down with things that were less related to the original intent and more related to just every day community business. We have been charging a 25 dollar fee to agencies who use our rooms, excluding nonprofit or agencies who are being sponsored by a member of city staff. Even doing that, though, we are not really creating a revenue stream. So, our proposal with this update is that we -- first of all, we would eliminate the 25 dollar fee for the room reservations. By doing that, though, we also would like to restrict the use of the rooms -- restrict the use to Meridian HOAs, government entities, 501(c)(3)'s and, then, agencies that have a city staff supporting them or I guess who sit on those groups. The goal of that would be that we can free up some space for our city meetings. You know, when HR has to schedule best training, they have a lot of difficulty finding a free space to do that and we have issues where they will need to do a bid opening and there isn't a place to put those types of meetings. So, our hope is that by eliminating some of our more business related room reservations we might be able to let these rooms be used Meridian City Council August 19, 2014 Page 70 of 74 for what their original intent was. We do understand, though, that -- that having access to a nice room at a low cost is important to local businesses, so we have done some research and we have got some local colleges -- Broadview University and Stevens- Henager both have conference rooms that they have offered to let the public use. So, our goal is that is we say, no, because the policy is updated that we can, you know, here is another location that you can go to. They are not charging fees at those places, so it ends up being a win-win for those agencies that we will turn away, they will save their 25 dollars from us and they will just go to a different facility and I think it will be a good thing, especially for our HOAs. You know, we have got citizens that are already paying taxes and, then, they are paying again to rent the room and I don't know that that was really what the intent was to begin with. So, if you're comfortable with that we would like to move forward with that and -- and really just kind of get back to basic, get rid of that fee and look up on the use. I do have a list in your packet of the groups that we will allow, but it's pretty standard. I mean as long as we are talking HOAs, like I said, government entities, your ITD, COMPASS, anything like that -- 501(c)(3)'s that will be what it is used for, so I will go ahead and stand for questions. De Weerd: Thank you, Jacy. Council, any questions? Rountree: No. Sounds good. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment. I know this is a project that was a long time in the making and it's taken a lot of input from a lot of people and I'm happy to see they were able to make a decision on it. So, nice job. B. Resolution No. 14-1005: A Resolution Approving the Updated City of Meridian Room Reservation Policy Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For fear of being the kiss of death on this, I'm going to make a motion. Bird: Good. Rountree: You will get something right tonight. Borton: I don't know about that. I'm pretty nervous. Bird: I would be. Meridian City Council August 19, 2014 Page 71 of 74 Borton: Don't mess with me. I move that we approve Item 8-B, resolution number 14- 1005. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-Q. Any discussion by Council? Bird: 7-Q? You mean 8-B. De Weerd: 8-B. Oh, it's late. We have been here for a while, haven't we? Okay. I'm sorry. We do have a motion and a second to approve Item 8-B, resolution 14-005. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. 14-1619: An Ordinance (RZ 09-005 Seyam Subdivision) For The Re -Zone Of A Parcels Located On The North Side Of E. Franklin Road, Approximately 1,200 Feet East Of The Eagle/Franklin Intersection In The Southwest 1/4 Of Section 9, Township 3 North, Range 1 East, And Annexing Certain Lands And Territory; Establishing And Determining The Land Use Zoning Classification Of 6.54 Acres Of Land From The C -G (General Retail & Service Commercial) Zoning District To The I -L (Light Industrial) Zoning District; And 1.12 Acres Of Land From The I -L District To The C -G District; And Providing An Effective Date. De Weerd: Okay. 9-A is Ordinance 14-1619. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An Ordinance RZ 09-005, Siam Subdivision, for the rezone of a parcel located in the north side of East Franklin Road, approximately 1,200 feet east of the Eagle -Franklin intersection in the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 6.54 acres of land from the C -G, General Retail and Service Commercial Zoning Meridian City Council August 19, 2014 Page 72 of 74 District, to the I -L, Light Industrial Zoning District and 1.12 acres of land from the I -L district to the C -G district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law, and providing for a summary of the ordinance, and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title. Seeing that we have no one who wants it read in its entirety, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1619 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All aye. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. Proposed # 14-1620: An Ordinance Amending Meridian City Code, Updating References to Former Meridian City Code Section 1-4-1, Regarding General Penalties, To Reflect the Current Location, Meridian City Code Section 1-2-1, as Renumbered Pursuant to Ordinance 14-1608. De Weerd: Item No. 9-B is Ordinance 14-1620. Madam Clerk, will you read this by title only. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code, updating references to former Meridian City Code Section 1-4-1 regarding general penalties to reflect the current location, Meridian City Code Section 1-2-1 as renumbered pursuant to Ordinance 14-1608. De Weerd: Do I have any comment on this? Do I have a motion? Milam: Madam Mayor? Meridian City Council August 19, 2014 Page 73 of 74 De Weerd: Yes. Milam: I move that we have approve Ordinance No. 14-1620 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-13. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Council, under future meeting topics, this isn't really for a future agenda, but I had talked with our Council President about our -- the retreat that the senior management team went on and our focus on strength based leadership and I am very hopeful that this Council is interested in participating and would like to offer to buy you each a book. In the back of the book is a code to take the strength based test that will help define the rest of our senior leadership on what the strengths are, so we can best know how to use your talent and strength to -- as a team to execute, influence, build relationships and how mostly to provide you information. Also, we as a team found that we all represent -- there is four different domains, which is executing, influencing, relationship building and strategic thinking that each of us have at least one strength in all of the eight or nine different characteristics and each of those are innate to who we are and I think that as we were challenged what -- what happens when we start focusing on our strengths and what we bring to the team, instead of focusing on those gaps and using those -- those different characteristics and strengths, it will help the senior leadership team know how to present and give information, share information with -- with our Council and also you will have that information in addition. So, I just wanted to put it out there and see if it's a go and how many books I need to order and we would like to close the loop on this team, so we know what all we possess, so we know how to best use them. Milam: Madam Mayor, I love taking those kinds of tests, so I'm in. But I thought you were going to invite us on a retreat. De Weerd: Then I have to post it and, you know, have to invite Frank and -- it's a hassle inviting you guys anywhere. But you will be invited when we start our strategic planning. But it also will help us in, again, using all of your strengths to the benefit of these different processes that we will start to get involved with. So -- Meridian City Council August 19, 2014 Page 74 of 74 Zaremba: I have taken tests like that before and I'm amazed at what I find out I don't know about myself already. De Weerd: Well, on this one you should really recognize yourself. It's kind of scary. Mr. Bird. Bird: I'm too old a dog to learn anything, but -- no, I will do it. De Weerd: Old dogs can learn new tricks. So, we will order some books and get those out to you. Okay. Any other topics for consideration for future meetings? Okay. If not, would entertain a motion to adjourn. Milam: So moved. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:590 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) X MAYOR TAMMY de WEERD DATE APPROVED ATTEST: —41 Ai CITY CLER, JAYCEE HOLMAN, Changes to Agenda: Item#7H, I&J: Shallow Creek(AZ-14-008, PP-14-008 and CUP-14-005)—The applicant has requested continuance of these items to the September 2,2014 Council meeting.The applicant is working on a minor redesign based on the direction from Council. Item#7M: Spurwing Challenge(VAC-14-004)—The applicant has requested continuance of this item to the September 16, 2014 Council meeting. Item#7K, L:Victory Middle School(AZ-14.006; CUP-14-003) Application(s): Annexation&Zoning and Conditional Use Permit Size of property,existing zoning,and location: This site consists of 28 acres of land currently zoned RUT in Ada County, located at the NWC of S. Stoddard Road&Kodiak Drive. History:A property boundary adjustment(ROS)was recently approved in Ada County that created the boundary of the site. Summary of Request: The Joint School District No.2 has submitted an application for AZ of 28.64 acres of land with an R-4 zoning district consistent the FLUM designation of MDR for this property.A CUP is also proposed for a middle school(public education institution)in an R-4 zoning district. The site plan submitted with this application depicts a 137,000 s.f.school which will include a football field, running track,soccer and practice fields,tennis courts, parking,and locations for future portable classrooms.The school is proposed to serve approximately 1,000 students. The athletic fields are not proposed to be lighted. Access is proposed via 3 access points to Kodiak Drive as shown on the site plan with an exit onto Stoddard Road for busses only. Six-foot tall chainlink fencing is proposed around the east,west,and north perimeter boundaries of the site. Staff recommends a gate or opening in the fence is provided at the NWC of the site so that pedestrian access is available to the school from adjacent(future) neighborhoods. Building elevations were submitted for the future school building; building materials are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structure.A mix of 3 different colors of CMU is proposed.All structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Idaho State Code[67-6519(3)]states that when considering an application which relates to a public school facility,the Commission shall specifically review the application for the effect it will have on increased vehicular, bicycle and pedestrian volumes on adjacent roads and highways to ensure the roadway system can satisfactorily accommodate the proposed school project.As the road authority, ACHD has conducted a detailed review of the code requirements&provided analysis and conditions of approval in their report accordingly.ACHD also provided recommendations to the City based on their review which are contained in the staff report and conditions of approval. These conditions include a requirement for a HAWK crossing &school flashers to be installed on all 4 legs of the Victory/Stoddard intersection;and a requirement for the school district to provide a road trust to ACHD to fund the future construction of HAWK crossings and school flashers at the Linder/Kodiak and Victory/Stoddard intersections. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Henson ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Henson&Joint School Dist.#2 Key Issue(s)of Discussion by Commission: i. The requirement for the school district to provide a road trust to ACHD to fund the future HAWKs&flashers at Victory/Stoddard and Linder/Kodiak intersections. Key Commission Change(s)to Staff Recommendation: i. The Commission did not require the school district to post a bond to fund the future HAWK&flashers at the Victory/Stoddard intersection. Outstanding Issue(s)for City Council: i. None Written Testimony since Commission Hearing: Scott Henson(in agreement w/Commission rec's) Item#7N:Ventana Commons(PP-14-012) Application(s): Preliminary Plat Size of property,existing zoning,and location: This site consists of 18.21 acres of land, is currently zoned R-8, and is located on the east side of N. Meridian Road, north of E. McMillan Road. History: In 2004,the property received annexation, preliminary plat and conditional use permit approval to develop a single family residential subdivision consisting of 220 residential lots and 19 common lots on approximately 64.5 acres. In 2005 and 2006,the City approved 3 phases of the subdivision however;only 2 recorded. The developer failed to obtain City Engineers signature on the final plat or seek approval of another time extension for the third and final phase. Summary of Request: (PP):The proposed preliminary plat consists of 70 single-family residential building lots and 4 common lots on 18.21 acres of land in the R-8 zoning district.The minimum lot size proposed in the development is 6,395 square feet(s.f.)with an average lot size of 7,908 s.f. The gross density is 3.84 dwelling units per acre with a net density of 4.84 dwelling units to the acre. Dimensional Standards:All of the lots comply with the R-8 dimensional standards except for Lots 24 and 36, Block 13. Each lot must have 50 feet of street frontage in accord with the UDC. Access:Access to this site is proposed on the plat from the north via E. Santiago Drive, a collector street.With the first two phases of development multiple stub streets have been provided to the parcel. These streets will be extended with the development and will complete the street network for the Ventana Subdivision. Landscaping:A minimum 25-foot wide street buffer is required along N. Meridian Road.The fencing plan depicted on the submitted landscape plan complies with the standards listed in UDC 11-3A-7. The proposed plat depicts 1.51 acres(8.3%)of qualifying open space. The existing two phases in conjunction with the proposed plat contains a total of 9.85 acres(15.3%)of eligible open space. The overall amenity package for the development also includes the following: 1)a community pool,a club house, multiple 10-foot multi-use pathways, a tot lot and an additional 5 percent open space. Building Elevations: The applicant has submitted 3 photos of existing homes constructed within the Ventana Subdivision. Future homes adjacent to Meridian Road should incorporate a mix of materials,windows and decorative trim, pop-outs,covered porches and two variations in the roof lines to provide articulation and modulation to the rear facades. Commission Recommendation: Recommended approval at the July 17th hearing. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Tamara Thompson iv. Written testimony: None Key Issue(s)of Discussion by Commission: i. Providing a stub street and utilities to the School District's property to the south. Key Commission Change(s)to Staff Recommendation: i. The Commission did not require the developer to provide the southem stub street or the utility extension. Outstanding Issue(s)for City Council: i. None Written Testimony since Commission Hearing: None Notes: Item#70&P:Chinden and Linder Crossing(PP-14-011 and MDA-14.008) Application(s): Preliminary Plat and Development Agreement Modification Size of property,existing zoning,and location: This site consists of 9.34 acres of land,is currently zoned C-C,and is located the northwest corner of W. Chinden Boulevard and N. Linder Road. r liminaa approval byCityCouncil with the R-4, TN-C,and C-C granted annexation and e History: In 2006,the property was preliminary platpPII zoning districts for the Knightsky Estates Subdivision. In 2011,a portion of the property was rezoned from the TN-C and R-4 zones to the R-8 and C-C zones. The R-8 portion of the property was sold off and developed as a 9-hole executive golf course and estate lot subdivision known as the Spurwing Challenge Subdivision. In 2013, Council approved a variance(VAR-13-001)application granting a right-in/right-out access to Chinden Boulevard. Summary of Request: (PP):The proposed preliminary plat consists of 9 commercial lots and 2 common lots on approximately 9.34 acres of land in the C-C zone.The commercial lots range in size between 27,235 square feet acres up to 43,939 square feet respectively.The UDC does not have a minimum lot size standard for commercial development. Concept Plan: The submitted concept plan depicts nine(9)buildings consisting of three(3) retail buildings, a bank with associated drive-through,two(2) medical office buildings and four(4) restaurants,two(2)with drive-throughs. Future drive-throughs will require CUP if there are located within 300 foot of a residence or another drive-through use. DA Modification: The proposed development is governed by three(3)development agreements. The last addendum to the development agreement requires the applicant submit a concept plan that complies with the mixed-use guidelines contained in the Comprehensive Plan. Staff is recommending the previous 3 DA's be terminated and the applicant enter into a new DA subject to the new concept plan. Dimensional Standards:A 35-foot wide street buffer landscape easement is required along Chinden Boulevard and Linder Road, classified as an arterial street and an entryway corridor, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is required along the northern property boundary adjacent to the existing residences. The applicant is proposing two(2)common lots adjacent to this boundary that comply with the dimensional standard of the district. Access:The access to the development will be from W. Chinden Boulevard(right-in/right-out)to the south and N. Linder Road (right- in/right-out/left-in)to the east via the extension of W. Green Island Road.A condition in the staff report requires the developer to construct traffic calming within the roadway west of the private drive.Since commercial lots are proposed for the development and not all of the lots have frontage on a public street,the applicant must provide cross access in accord with the standards set forth in UDC 11-3A-3. Landscaping:A 35-foot wide landscape street buffer is required along Chinden Boulevard and Linder Road,as depicted on the landscape plan and plat.A 10-foot wide multi-use pathway is required along Chinden Boulevard. Building Elevations/Certificate of Zoning Compliance(CZC)and Design Review(DES): The applicant has not submitted conceptual building elevations. Future structures on the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Commission Recommendation: Recommended approval at the July 17th hearing. Summary of Commission Public Hearing: i. In favor: Laren Bailey ii. In opposition: None iii. Commenting: None iv. Written testimony: Laren Bailey Key Issue(s)of Discussion by Commission: None Key Commission Change(s)to Staff Recommendation: None Outstanding Issue(s)for City Council: None Written Testimony since Commission Hearing: None Notes: Item#70&P: Chinden and Linder Crossing(PP-14-011 and MDA-14-008) Application(s): Preliminary Plat and Development Agreement Modification Size of property,existing zoning,and location: This site consists of 9.34 acres of land, is currently zoned C-C, and is located the northwest corner of W. Chinden Boulevard and N. Linder Road. History: In 2006,the property was granted annexation and preliminary plat approval by City Council with the R-4, TN-C,and C-C zoning districts for the Knightsky Estates Subdivision. In 2011,a portion of the property was rezoned from the TN-C and R-4 zones to the R-8 and C-C zones. The R-8 portion of the property was sold off and developed as a 9-hole executive golf course and estate lot subdivision known as the Spurwing Challenge Subdivision. In 2013, Council approved a variance(VAR-13-001)application granting a right-in/right-out access to Chinden Boulevard. Summary of Request: (PP):The proposed preliminary plat consists of 9 commercial lots and 2 common lots on approximately 9.34 acres of land in the C-C zone.The commercial lots range in size between 27,235 square feet acres up to 43,939 square feet respectively. The UDC does not have a minimum lot size standard for commercial development. Concept Plan: The submitted concept plan depicts nine(9)buildings consisting of three(3)retail buildings, a bank with associated drive-through,two(2)medical office buildings and four(4) restaurants,two(2)with drive-throughs. Future drive-throughs will require CUP if there are located within 300 foot of a residence or another drive-through use. DA Modification: The proposed development is governed by three(3)development agreements.The last addendum to the development agreement requires the applicant submit a concept plan that complies with the mixed-use guidelines contained in the Comprehensive Plan. Staff is recommending the previous 3 DA's be terminated and the applicant enter into a new DA subject to the new concept plan. Dimensional Standards:A 35-foot wide street buffer landscape easement is required along Chinden Boulevard and Linder Road, classified as an arterial street and an entryway corridor, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is required along the northern property boundary adjacent to the existing residences.The applicant is proposing two(2)common lots adjacent to this boundary that comply with the dimensional standard of the district. Access: The access to the development will be from W. Chinden Boulevard (right-in/right-out)to the south and N. Linder Road(right- in/right-out/left-in)to the east via the extension of W. Green Island Road.A condition in the staff report requires the developer to construct traffic calming within the roadway west of the private drive. Since commercial lots are proposed for the development and not all of the lots have frontage on a public street,the applicant must provide cross access in accord with the standards set forth in UDC 11-3A-3. Landscaping:A 35-foot wide landscape street buffer is required along Chinden Boulevard and Linder Road,as depicted on the landscape plan and plat.A 10-foot wide multi-use pathway is required along Chinden Boulevard. Building Elevations/Certificate of Zoning Compliance(CZC)and Design Review(DES): The applicant has not submitted conceptual building elevations. Future structures on the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Commission Recommendation: Recommended approval at the July 17th hearing. Summary of Commission Public Hearing: i. In favor: Laren Bailey ii. In opposition: None iii. Commenting: None iv. Written testimony: Laren Bailey Key Issue(s)of Discussion by Commission: None Key Commission Change(s)to Staff Recommendation: None Outstanding Issue(s)for City Council: None Written Testimony since Commission Hearing: None Notes: Item#7Q: UDC Text Amendment(ZOA 14-002) Application(s): ➢ Text amendment to the Unified Development Code Size of property,existing zoning,and location: City Wide Adjacent Land Use&Zoning: N/A History: City staff periodically brings UDC Text Amendments forward to the Planning and Zoning Commission and City Council for review and action. Summary of Request: The Planning Division of the Community Development Department has applied for a Zoning Ordinance Amendment(ZOA)to amend the text of certain sections of the Unified Development Code(UDC)pertaining to landscape buffers, fencing for daycares,the public meeting process, parkways along arterial and collector streets, posting for public hearings,cul-de-sac measurement,and the removal of construction sand and gravel mining as a conditional use in residential zone and other miscellaneous clean-up items. Commission Recommendation: Recommended approval at the July 17th hearing. Summary of Commission Public Hearing: i. In favor: Justin Lucas ii. In opposition: None iii. Commenting: None iv. Written testimony: none Key Issue(s)of Discussion by Commission: None Key Commission Change(s)to Staff Recommendation: None Outstanding Issue(s)for City Council: None Written Testimony since Commission Hearing: None Notes: Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5A PROJECT NUMBER: FP 14-035 ITEM TITLE: ISOLA CREEK NO. 2 FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single- Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District MEETING NOTES kPPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS O ' ICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO i NOTES IMTIP_S STAFF AGENCY APPLICANT �N � l Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5B PROJECT NUMBER: FP 14-036 ITEM TITLE: CENTER COMMUNITY SUBDIVISION • FP 14-036 Center Community Subdivision by.Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re-Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1 ) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes • CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT f I Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: APPROVAL OF PURCHASE Approval Of Purchase Of ZOLL AED's, Storage Cabinets And Training Devices From Lifemed Safety, Inc For The Not-To-Exceed Amount Of $67,987.34. MEETING NOTES k??1101E-ti Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO I SENT TO NOTES l+V !AL' STAFF AGENCY APPLICANT I City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mark Niemeyer Date: 8-13-2014 Re: August 19, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 19th City Council Consent Agenda for Council's consideration. Approval of purchase of ZOLL AED's, storage cabinets and training devices from LifeMed Safety, Inc for the Not-To-Exceed amount of$67,987.34. Recommended Council Action: Approval of purchase of ZOLL AED's, storage cabinets and training devices from LifeMed Safety, Inc for the Not-To-Exceed amount of$67,987.34, and authorize the Purchase Manager to sign the Purchase Order#14-0363. This purchase is being made from the National Purchasing Partners(NPP)contract(a cooperative contract)that has been competitively solicited by the League of Oregon Cities. 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Origin Sales Tax Rate;Exempt 0.00% QUANTITY Mer NUMIER : DESCRIPTION: LIST MICE DISC..!RICE TOTAL ANY 8000-004000-01 ZOLL(Semi-Aufomotic)AED Plus.Package w/AED Cover, S 2,100.00 S 1,389.20 S - Medical Prescription,One CMR-Dpadz®Eledrode,One Sleeve of Batteries,and Carry Case.Includes LCD screen showing voice prompt messages,device advisory messages,elapsed time, shock count,and chest compression graph.Operators Guide and seven(7)year limited warranty on AED." ANY 8900-0800-01 ZOLL CPR-D-padze one-piece adult electrode with Real CPR Help. S 169.00 S 119.99 S Supplied with gloves,barrier mask,scissors,razor,and wet wipe. ANY 8900-0810-01 P.di.Padze II Pediatric Multi-Fundion Electrode.For use S 95.00 5 67.45 S with ZOLL AED Plus and AED Pro. ANY 8000-0807-01 Type 129 lithium Batteries.Quantity of 10 with storage sleeve. S 75.00 S 53.25 S ANY 8000-0855 Standard Metal Wall Cabinet w/Alarm(9"deep)designed S 199.00 S 141.29 S to hold AED Plus or AED Pro in a carry case with spare electrodes. ANY 8000-0050-01 ZOLL AED Muse Treiner2 with AED Cover,Wireless Remote S 379.00 S 329.25 S Controller,One CPR-Dpadi Training Electrodes,Four D-Ceti Batteries,and 2 AA Batteries.Includes LCD screen showing voice prompt messages,device advisory messages,elapsed time, shock count,and chest compression graph,Operators Guide, and six(6)month limited warranty. Neltsinsi f unites ing rafters tanked pAcksg SUBTOTAL S lihMed Safely,Inc.is an authorized distributor for Z011 Medica/Corporation TAX S - SHIPPING FREE TOTAL $ Terms&Conditions: 1.PRICES QUOTED ARE VALID FOR 365 DAYS 2.FOR TAX EXEMPT STATUS,A TM EXEMPTION CERTIFICATE IS REQUIRED PRIOR TO CLOSE OF PURCHASE 3.ORDER WILL BE SHIPPED WITHIN 30-45 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER 4.SHIPPING I5 BASED ON PACKAGE WEIGHT,DIMENSIONS,VALUE AND WILL BE F.O.B.ORIGIN 5,ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS 6.A$30.00 CHARGE WILL BE ASSESSED FOR ANY CHECK RETURNED FOR NON-SUFFICIENT FUNDS 7.FAX PURCHASE ORDER AND TAX EXEMPT CERTIFICATE TO CUSTOMER SERVICE AT 80X.881.0266 E o - \ O 0 O$ $ q m m1.1 st) L � _ # \ 2 E 7 ¥ o c..) '4f Ncrs , . V 2 k " $ m m q ° w « w « C•3C ? kcr) ;11¥ ® U7 q vl ® < tk U 4' 0a / cu ■ 53 2 IA / o 0" q ■ c m co• 7 k S c ¢ cn aa, E- 2 a) a) _ O O 7 N N N N 1 N § � § o 5 t s u o e W U.1 c § n 3 2 Q n t 2 w « SA V cuc t 2 2 « « 2 < $ q . � Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: APPROVAL OF PURCHASE Approval Of Purchase Of Lachat Quikchem Flow Injection Analysis System And Associated Equipment For The New Lab At The Wastewater Treatment Plant From Fisher Scientific For The Not-To-Exceed Amount Of $190,471 .22 MEETING NOTES g Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO I SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT I I I I City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Tracy Crane, Travis Kissire Date: 8-13-2014 Re: August 19, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 19th City Council Consent Agenda for Council's consideration. Approval of purchase of Lachat Quikchem Flow Injection Analysis System and associated equipment for the new lab at the Wastewater Treatment Plant from Fisher Scientific for the Not-To-Exceed amount of$190,471.22. Recommended Council Action: Approval of purchase of Lachat Quikchem Flow Injection Analysis System and associated equipment from Fisher Scientific for the Not-To-Exceed amount of$190,471.22, and authorize the Purchase Manager to sign the Purchase Order#14-0362. This purchase is being made from the Western States Contracting Alliance/National Association of State Procurement Officials(WSCA/NASPO)contract(a cooperative contract)that has been competitively solicited by the State of Idaho. Thank you for your consideration. •Page 1 IDIAN‘d IDAHO Purchase Order 8/11/2014 14-0362 Attention: Travis Kissire CITY OF MERIDIAN Billing Attn: Finance 33 EAST BROADWAY AVE. Address: 33 E Broadway Ave MERIDIAN,ID 83642 Meridian, ID 83642 (208)888-4433 Vendor Address: Shipping City of Meridian Wastewater Address: 3401 N.Ten Mile FISHER SCIENTIFIC Meridian, ID 83646 ACCT#624830-001 13551 COLLECTIONS CTR DR CHICAGO, IL 60693 Shipping Method: truck FOB: destination Description Unit Quantity Unit Price Total Lachat Quikchem FIA's&associated equipment for New Lab at WWTP dDODL... 1.00 190,471.22 190,471.22 E � EE Purchase Order Total: $190,471.22 Purchasing Manager: Special Instructions Co-op Agreement PO per Quotation#4212-3988-36 dated 7-31-2014 by Robert Virden per WSCA/NASPRO contract SBPO 1336-02. NTE: $190,471.22. Approved by Council 8-19-2014.60-3500-92000-10157 Case Mgmt 42297 Sales Quotation Quote Nbr ® Fisher Scientific I Creation Date Due Date 4212-3988-36 Page Part of Thermo Fisher Scientific 07/31/2014 1 of 13 Payment Terms Delivery Terms FISHER SCIENTIFIC COMPANY LLC NET 30 DAYS 4500 TURNBERRY DRIVE DEST HANOVER PARK IL 60133-5491 Valid To Prepared By 09/14/2014 VIRDEN, ROGER Customer Reference Sales Representative RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 ROGER VIRDEN PLEASE REFER TO THE QUOTE NUMBER ON ALL To place an order I Ph: 800-766-7000 Fx:800-926-1166 CORRESPONDENCE Submitted To: Customer Account 624830-001 THANK YOU FOR YOUR INTEREST IN FISHER TRAVIS KISSIRE CITY OF MERIDIAN SCIENTIFIC COMPANY LLC TKISSIRE@MERIDIANCITY.ORG WASTEWATER DEPT 3401 N TEN MILE RD FOR COMPLETE TERMS AND CONDITIONS VISIT 208-888-2191 MERIDIAN ID 83646-5409 OUR WEBSITE AT www.fishersci.com/salesterms Quote Comments: PRICING PER WSCA NASPO CONTRACT WITH FISHER SCIENTIFIC. FREE SHIPPING Nbr Qty UN Catalog Number Description Unit Extended Price Price 1 1 EA NON-CATALOG QUIKCHEM 8500,ASSOCIATED ITEMS 170,719.24 170,719.24 Vendor Catalog#100027196V1 2 1 EA FB4002000 FLASK VOLUMETRIC 2000ML 1/PK 68.23 68.23 Flask,Volumetric; Fisherbrand;Glass; Reusable; Class A volumetric; Capacity:2000mL; Standard taper stopper 27;Marking spot;ASTM specification E 288; Unserialized Vendor Catalog#FS28014 2000 This item is being sold as 1 per each 3 6 CS 10 205F FLASK VOLUMETRIC 1000ML 513.62 3,081.72 Flask,Volumetric; Fisherbrand;Glass; Reusable; Class A;Single graduation ring on neck;Marking spot;ASTM specification E 288; Unserialized;With standard taper stopper no.22;Capacity: 1000mL; Tolerance:+/-0.30mL Vendor Catalog#FS28014 1000 This item is being sold as 6 each per case I 4 2 EA 10 205E FLASK VOLUMETRIC 500ML 77.29 154.58 Flask,Volumetric; Fisherbrand;Glass; Reusable; Class A;White graduation line;Standard taper No.9; Designed according to ASTM E 694, E 542, E 288;500mL;Tolerance:+/-0.20mL ...4 Vendor Catalog#FS28014 500 This item is being sold as 1 per each Sales Quotation ® Fisher Scientific Pat of Thermo Fisher Scientific Quote Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 2 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 5 3 CS 10 205D FLASK VOLUMETRIC 250ML 602.56 1,807.68 a Flask,Volumetric; Fisherbrand;Glass; Reusable;Class A;White line; With standard taper;Stopper No. 16;250mL;TC Vendor Catalog#FS28014 250 This item is being sold as 12 each per case 6 1 CS 10 205C FLASK VOLUMETRIC 100ML 454.00 454.00 ii Flask,Volumetric; Fisherbrand; Glass; Reusable;Class A;Single graduation ring on neck; Marking spot;ASTM specification E 288; Unserialized;With standard taper stopper no. 13; Capacity: 100mL; ril Tolerance:+/-0.08mL Vendor Catalog#FS28014 100 This item is being sold as 12 each per case 7 3 CS 10 205B FLASK VOLUMETRIC 50ML 419.40 1,258.20 Flask,Volumetric; Fisherbrand;Glass; Reusable; Class A;White line; With standard taper;Stopper No. 9;Capacity:50mL;Tolerance: +/-0.05mL Vendor Catalog#FS28014 50 This item is being sold as 12 each per case 8 1 PK FB5011000 FLASK ERLEN WM GLS 1000ML 6/PK 56.52 56.52 Flask, Glass;Fisherbrand; Reusable; Erlenmeyer;Wide-mouth; Capacity 1000mL; Graduated 250 to 1000mL;Stopper number 11;Marking spot; ASTM E 1404,Type I,Class 2 Vendor Catalog#FS26650 1000 This item is being sold as 6 each per pack 9 1 PK FB501500 FLASK ERLENM WM GLS 500ML 6/PK 33.84 33.84 Flask,Glass; Fisherbrand; Reusable;Erlenmeyer;Wide-mouth;Capacity 500mL; Graduated 100 to 500mL;Stopper number 10; Marking spot;ASTM E 1404,Type I,Class 2 Vendor Catalog#FS26650 500 This item is being sold as 6 each per pack 10 1 PK FB501250 FLASK ERLENM WM GLS 250ML 12PK 53.76 53.76 Flask, Glass;Fisherbrand; Reusable; Erlenmeyer;Wide-mouth; Capacity 250mL;Graduated 50 to 225mL;Stopper number 8;Marking spot;ASTM E 1404,Type I, Class 2 Vendor Catalog#FS26650 250 This item is being sold as 12 each per pack Sales Quotation ® Fisher Scientific Part of Thermo Asher Scientific Quote Nbr 1 Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 3 of 13 Nbr Qty UN Catalog Number Description Unit Extended Price Price 11 1 CS FB501125 FLASK ERLEN WM GLS 125ML 12/PK Flask,Glass;Fisherbrand;Reusable; Erlenmeyer;Wide-mouth; Capacity 159.38 159 38 125mL;Graduated 50 to 125mL;Stopper number 6;Marking spot;ASTM E 1404,Type I,Class 2 Vendor Catalog#FS26650 125 This item is being sold as 48 each per case 12 1 PK FB100250 BEAKER GRIFFIN 250ML'12/PK 36.29 36.29 Beaker,Glass; Fisherbrand;Griffin; Reusable; Low form;Capacity: at250mL;Graduated 25 to 200mL in 25mL increments; Durable, matte-finish marking area; Designed from ASTM Specification E 960 Type I Vendor Catalog#FS14000 250 This item is being sold as 12 each per pack 13 1 PK FB100100 BEAKER GRIFFIN 100ML'12/PK 37.88 37.88 Beaker, Glass; Fisherbrand;Griffin;Reusable; Low form; Capacity: 100mL;Graduated 20 to 80mL in 10mL increments; Durable, matte-finish marking area; Designed from ASTM Specification E 960 Type I Vendor Catalog#FS14000 100 This item is being sold as 12 each per pack 14 2 PK FB10050 FB50050GRIFFIN 50ML 12/PK 36.05 72.10 Beaker, Glass; Fisherbrand;Griffin; Reusable; Low form;Capacity: 50mL;Graduated 10 to 40mL in 10mL increments; Durable, matte-finish marking area; Designed from ASTM Specification E 960 Type I Vendor Catalog#FS14000 50 This item is being sold as 12 each per pack 15 4 EA 13 650 2U PIPET VOLUMETRIC CLASS A 100ML 30.73 122.92 Pipette,Volumetric; Fisherbrand; Reusable;Class A; Borosilicate glass;Type:Standard; Capacity: 100mL Vendor Catalog#136502U This item is being sold as 1 per each 1 16 1 CS 13 650 2S PIPET VOLUMETRIC CLASS A 50ML 215.22 215.22 Pipette,Volumetric; Fisherbrand; Reusable;Class A;Borosilicate glass;Type:Standard; Capacity:50mL Vendor Catalog#136502S This item is being sold as 12 each per case Sales Quotation ® Fisher Scientific Part of Thermo Asher Scientific Quote Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 4 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 17 1 CS 13 650 2P PIPET VOLUMETRIC CLASS A 25ML Pipette,Volumetric; Fisherbrand; Reusable; Class A; Borosilicate 162.05 162.05 glass;Standard;Tuf-Temp.treated;Amber markings;Capacity:25mL; Accuracy:0.03mL; Color Code: Blue Vendor Catalog#136502P This item is being sold as 12 each per case 18 2 CS 13 650 2L PIPET VOL CLASS A 10ML 12/CS 89.21 178.42 Pipets, Reusable,Volumetric; Fisherbrand;10mL;Accuracy: ?0.02mL; --- Color code: Red;Class A;Standard;Borosilicate glass; Calibrated: To deliver;Amber markings Vendor Catalog#136502L This item is being sold as 12 each per case 19 2 CS 13 650 2F PIPET VOL CLASS A 5ML 12/CS 86.53 173.06 Pipets,Volumetric; Fisherbrand; Reusable;Class A;Borosilicate - --- 5 Glass; Permanent amber markings;Tuf-Temp-treated tempered tips; Calibrated To Deliver;Type:Standard;Capacity:5mL;Accuracy: ?0.01mL;White Vendor Catalog#136502F This item is being sold as 12 each per case 20 1 CS 13 650 2C PIPET VOL CLASS A 2ML 12/CS 92.46 92.46 Pipets,Volumetric; Fisherbrand; Reusable;Class A; Borosilicate - Glass;Type:Standard; Capacity:2mL Vendor Catalog#136502C This item is being sold as 12 each per case 21 1 CS 13 650 28 PIPET VOL CLASS A 1ML 12/CS 88.19 88.19 Pipets,Volumetric; Fisherbrand; Reusable; Class A; Borosilicate Glass; Permanent amber markings;Tuf-Temp-treated tempered tips; Calibrated To Deliver;Type:Standard; Capacity: 1 mL;Accuracy: +/-0.006mL;Orange Vendor Catalog#136502B This item is being sold as 12 each per case 22 1 CS 13'650 2A PIPET VOL CLASS A 1/2ML 12/CS 86.80 86.80 Pipets, Reusable,Volumetric;Fisherbrand;0.5mL;Accuracy:?0.006mL; Color code:2 black; Class A;Standard; Borosilicate glass; Calibrated:To deliver;Amber markings; mimimum flow time:5 s Vendor Catalog#136502A This item is being sold as 12 each per case Sales Quotation ® Fisher Scientific Part of Thermo Asher Scientific Quote'Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500LAB SETUP ITEMS REV 1 5 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price I 23 1 EA 15 336 138 DIGITAL ULTRASONIC BATH Cleaner, Ultrasonic; Branson; Bransonic; CPX5800-E;99-min.digital 1,362.24 1,362:24 ' on timer; Plastic body;Chemical-resistant; Ultrasonic power tracking; 1111 Drain:yes;Capacity:2.5 gal.(9.5L);L x W x D: 15.6 x 15.8 x 14.9 in. (397 x 401 x 378mm);230/240V Vendor Catalog#CPX-952-539R This item is being sold as 1 per each 24 1 EA 13 645 524 STAR A221 PH HH KIT 831.33 831.33 Kit,pH Meter;Thermo Scientific Orion Star A221; pH/mV/Temp. meter; Portable;pH-2 to 20;+/-2000mV;-5deg.to+105deg.C;w/8107UWMMD Orion ROSS Triode, pH buffers, electrode storage soln., rinse soln., protective armor,batteries Vendor Catalog#STARA2215 Hazardous Material This item is being sold as 1 per each 25 1 EA NC0384972 HACH 2100Q PORT TURBIDIMETER 1,101.34 1,101.34 Vendor Catalog#HACH2100Q01 Hazardous Material 26 1 EA 11 520 49S STIRRER ANALOG 7X7 120V 212.41 212.41 Stirrer;Magnetic; Fisherbrand;7 x 7 in.(17.8 x 17.8cm); Porcelain-coated stainless-steel top plate;Speed 250-2500rpm;Blue ilLik die-cast aluminum base,with 3-wire cord and plug,with PTFE stir '° bar; 120V 60Hz;CSA;Capacity:25 lb.(11.3kg) Vendor Catalog#S192925 This item is being sold as 1 per each 27 4 EA 14 955 200 FISHERBRAND PIPETTE CONTROLLER 65.43 261.72 Filler, Pipet; Fisherbrand; Controller;For glass or plastic pipets a ' from 0.1 to 100mL;Aspiration up to 50mL; Blow-out bulb; Chemical-resistant;Autoclavable Vendor Catalog#801111 This item is being sold as 1 per each 28 1 EA 02 215 365' VORTEX MIXER-STANDARD 120V 338.21 338.21 Mixer,Vortex; Fisher Scientific;Analog; For flasks,beakers,tubes k.we" and microwell plates;Touch mode;3-way power switch; Includes cup vi head and 3 in. head w/cover;Variable speed:300 to 3200rpm; 120V 50/60Hz 150w Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote-Nbr� Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 6 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price Vendor Catalog#945404 This item is being sold as 1 per each 29 1 EA 14 955 152 FISHER MINI VORTEX MIXER 230V Mixer, Mini Vortex; Fisher Scientific; Fixed speed,2800rpm;Orbit 152.99 152.99 4.5mm;Dimensions 3.8x3.8x2.5in;Weight 11b(0.5kg); Electrical 230V, 50-60Hz;2 year warranty Vendor Catalog#BV202-E This item is being sold as 1 per each 30 2 CS 13 706 31 1-5ML BOTTLE TOP DISP 1/CS 379.22 758.44 Dispensers;Wheaton Socorex 520/521; Bottle-top; High chemical resistance; Fit reservoirs with 33mm screw neck finish;Autoclavable; Accuracy<+/-0.7%; Dispenser rotates 360deg.on bottle;Range: 1 to ',°---'° 5mL;0.10mL increment Vendor Catalog#844002 This item is being sold as 1 per case 31 2 CS 13 706 9 BTTL AMB PLS CTD500ML33MM1 CS 49.66 99.32 Reservoir; Neck Dia.:33mm;Capacity:500mL, Color:Amber Vendor Catalog#844027 This item is being sold as 1 per case k 4 32 2 CS 13 706 32' 1-10ML BOTTLE TOP DISP 1CS 379.22 758.44 Dispensers;Wheaton Socorex 520/521; Bottle-top; High chemical resistance; Fit reservoirs with 33mm screw neck finish;Autoclavable; Accuracy<+/-0.7%; Dispenser rotates 360deg.on bottle; Range: 1 to k 10mL;0.25mL increment Vendor Catalog#844004 This item is being sold as 1 per case 33 2 CS 13 706 10 RSVR BTLAMG GLS1000ML 45MM 1CS 29.06 58.12 0 Reservoir, Neck Dia.:45mm;Capacity: 1000mL Vendor Catalog#844029 This item is being sold as 1 per case 1 Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 7 of 13 Nbr Qty UN Catalog Number Description Unit Extended Price Price 34 4 EA 14 386 338 FINNPIPETTE F2 10UL FIXED VOL Pipetter; Finnpipette F2; Fixed Volume;Single Channel; 10?L 152.14 608.56 Vendor Catalog#4652020 This item is being sold as 1 per each GSA#GS07F161BA 35 2 CS 14 245 148 FNNTIP10 RFLL STRTR`KT 2688/CS Pipette tips;Thermo Scientific; Finntip 10; Refill starter kit; 149.35 298.70 Rack,4 x 192+refill, 10 x 192 Vendor Catalog#9400326 This item is being sold as 2688 each per case GSA#GS07F161 BA 36 1 CS 02 911 745 BTL AMB BOSRD W/PV 160Z 12CS 56.76< 56.76 Bottle; Fisherbrand;Amber boston round;With attached polyvinyl-lined closures;Type III soda lime glass;Narrow-mouth; For 7,1 - light sensitive solvents,chemicals and samples;Capacity: 16 oz. r. _ _ (500mL); 12/case;28mm-400 screw cap size Vendor Catalog#W014044 This item is being sold as 12 each per case 37 1 CS 02 911 747 BTL AMB BOSRD W/PV 320Z 12/CS 84.57 84.57 Bottle; Fisherbrand;Amber boston round;With attached {I 1"E polyvinyl-lined closures;Type III soda lime glass; Narrow-mouth; For - light sensitive solvents,chemicals,and samples;Capacity:32 oz. € , ri (1000mL); 12/case;33mm-400 screw cap size Vendor Catalog#W014046 This item is being sold as 12 each per case 38 1 CS 13 669 12 TRANSF PIPET 6IN POLYE 500/CS 122.94 122.94 Pipet, Transfer;Corning; Falcon; Disposable; Polyethylene;Gamma #,; irradiated;With 1mL and 2mL graduations;Sterile;Size:6 in.; Nominal volume:3mL Vendor Catalog#357575 This item is being sold as 500 each per case 39 1 PK 03 006 BTL DROP-DISP LOPE 125ML 12/PK 72.12 72.12 Bottles, Drop-dispensing;Nalgene;Translucent LDPE; Captive spout; Screw cap size:24mm-400; Case of:4; Pack of: 12;Capacity:4 oz. (125mL) Vendor Catalog#2411-0125 This item is being sold as 12 each per pack Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 8 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 40 1 PK 19 134 500 GLV NEOTOUCH PF 5MIL LG 100PK Gloves,Chemical Resistant;Ansell NeoTouch;Neoprene;Single-use; 20.66' 20.66 Powder free; Resist acids, bases and alcohols; Polyurethane inner-coating;Textured fingertips; Beaded cuff; Length:9.5 in. (24cm);Thickness:5mil; Bright green;Large Vendor Catalog#25-101 385730 This item is being sold as 100 each per pack 41 1 PK 02 202F WEIGH BOAT ANTI-ST MED 250/PK 82.18 82.18 Canoe,Weighing; Dyn-A-Med;Anti-static, Polystyrene; Contour sides; Resists dilute acids,aqueous solutions,alcohols and bases;7.3 x 12.1 x 3.18cm(2.88 x 4.75 x 1.25 in) Vendor Catalog#80056 This item is being sold as 250 each per pack 42 1 PK 02 202E WEIGH BOAT ANTI-ST SM 250/PK 21.24 21.24 Canoe,Weighing; Dyn-A-Med;Anti-static, Polystyrene;Contour sides; Resists dilute acids,aqueous solutions,alcohols and bases;3.5 x 4.78 x 1.27cm(1.38 x 1.88 x 0.5 in.) Vendor Catalog#80051 This item is being sold as 250 each per pack 43 3 PK 03448 23" PIPET FILLER 3/PK 40.88 122.64 Filler, Pipet; Fisherbrand;Safety rubber bulb attaches to white polypropylene attachment with conical silicone adapter that fits ..- _ small pipets through the largest volumetrics;Color: Red -- Vendor Catalog#HS20623F This item is being sold as 3 each per pack Original Catalog Number 344823 44 2 PK 13 640 506PH PAPER ROLL 1.0-12.0 16.80 33.60 Testing paper,pH; Fisherbrand;Accurate; Easy-to-use; Dispenser dispenses right amount of pH paper; 15 ft. Roll provides about 100 1110111406 c - tests; Range: 1.0-12.0;Color Match Points: mill,! 1.0-2.0-3.0-4.0-5.0-6.0-7.0-8.09.0-10.0-11.0-12.0 Vendor Catalog#13640506 This item is being sold as 5 each per pack Sales Quotation ® Fisher Scientific Part of Thermo Asher Scientific Quote Nbr Customer Reference ' page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 9 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 45 4 EA 50 855 998 ORGANIZERS DRAWER PIPET LG Furniture, Organizers,Trays;TrippNT;Large Pipet Drawer Organizer 40.28 161.12 is heavy-duty, plastic and extremely durable;So heavy they can be used as a lab tray; Not like any other lab drawer organizers Vendor Catalog#50061 This item is being sold as 1 per each 46 4 EA 50 855 999 ORGANIZERS DRAWER PIPET SM Furniture, Organizers,Trays;TrippNT;Small Pipet Drawer Organizer 36.04 144.16 is heavy-duty,plastic and extremely durable;So heavy they can be used as a lab tray; Not like any other lab drawer organizers Vendor Catalog#50054 This item is being sold as 1 per each Original Catalog Number 50054 47 6 EA 50 856 000 ORGANIZER DRAWER GENERAL LG 40.28 241.68 Furniture, Organizers,Trays;TrippNT; Large General Drawer Organizer is heavy-duty, plastic and extremely durable;So heavy they can be `-,: ••- used as a lab tray; Not like any other lab drawer organizers Vendor Catalog#50057 This item is being sold as 1 per each 48 2 EA NC0700040 AUTOCLAVE THERMOMETER 85.79 171.58 Vendor Catalog#ACC80135SCA Hazardous Material 49 1 EA 22 260394 BOTTLE CARRIR DOME TOP FOR 5PT 72.21 72.21 OE Carrier,Bottle;Bel-Art;Scienceware; Holds US reagent bottles; PP; Shatter resistant; Epoxy coated heavy-gauge steel wire bails;Wide ribs;5/8 in. (16mm)opening;Conical lid;7.1 x 13.5 in. (18 x 35cm); Holds 2.5L(5 pt.)bottle Vendor Catalog#169570000 This item is being sold as 1 per each 50 1 CS 03 313 6D BTL'W/M BULK HDPE 32OZ 50/CS 125.81 125.81 Bottle,Sample;Thermo Scientific; Nalgene;Wide-mouth; Environmental;Capacity:32 oz.(1000mL); Bulk-packed;Screw Cap Size:63mm Vendor Catalog#332189-0032 This item is being sold as 50 each per case Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote Nbr Customer Reference Page, 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 10 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 51 1 CS 03 313 6C BTL W/M BULK HDPE 160Z 125/CS Bottle, Sample;Thermo Scientific; Nalgene;Wide-mouth;4111,(1193.29 193.29 11Environmental;Capacity: 16 oz.(500mL); Bulk-packed;Screw Cap Size: 53mm --�..,. Vendor Catalog#332189-0016 This item is being sold as 125 each per case 52 1 CS 14 823 16E SYR NS LUER LK TIP 10CC 850/CS 165.50 165.50 - Syringes,Without Needles;BD Luer-Lok Tip; Nonsterile; 10mL; 1/5mL Divisions;Siliconized and assembled with scale and tip shield; Bulk Vendor Catalog#301029 This item is being sold as 850 each per case 53 4 PK 05713 387 PURADISC 25 AS 0.45 UM 50/PK 93.12 372.48 Filters;Syringe;Whatman; Puradisc; PES membrane;Sterile; Pore I)l size:0.45?m; Dia.:25mm; Polypropylene housing; Female Luer-Lok ippl a inlet;Male slip Luer outlet; For filtering aqueous solutions; Low 1 protein binding;50/pk. Vendor Catalog#6780-2504 This item is being sold as 50 each per pack 54 1 CS 13 712 10 PIPET SUPPORT RACK 179.92 179.92 ri Rack;Scienceware Pipet Rack; Bel-Art; Holds 50 pipets vertically for draining;5 x 10 array; PP is autoclavable 121 deg.C;0.62 in.dia. holes in top and middle deck;5/8 in. holes taper to 0.25 in.in bottom deck;8.37L x 4.5W x 8.87 in.H Vendor Catalog#F18953-0000 This item is being sold as 6 each per case 55 1 EA 15 350 95A PIPE WASHER-RINSER HDPE 161N 368.14 368.14 Pipet Washers/Rinsers;Nalgene;Water input from 0.375 to 3.187 111 gal./min.;For pipets up to 16 in.?L;Overall Height:30.5 in.?; With clear tubing for inlet/outlet Vendor Catalog#5245-0040 This item is being sold as 1 per each 56 1 EA P304 500 POT SULFATE CRYSTAL CERT 500G 44.32 44.32 Potassium Sulfate; Certified ACS;ge99%; Crystalline; Fisher Chemical;500g; Poly Bottle; F.W. 174.26; KOS; mp 1067deg.C; bp 1689deg.C;CAS:7778-80-5 Vendor Catalog#FLP304-500 This item is being sold as 1 per each Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote Nbr CustomerReference Page 4212 3988-36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 11 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price 57 1 EA C495 500 CUPRIC SULFATE ANHYD CERT 500G Cupric Sulfate Anhydrous; Certified;ge97%; Fisher Chemical;500g; 153.55 153.55 Glass Bottle;F.W. 159.61;CuOS; mp 200deg.C;CAS: 7758-98-7 Vendor Catalog#FLC495-500 Hazardous Material This item is being sold as 1 per each 58 1 EA S386 500 SOD POT TARTRA USP 500GM 97.28' 97.28 Sodium Potassium Tartrate;USP; Powder; Fisher Chemical;500g; Poly Bottle; F.W.282.22;NaKCHO.4H0;mp 70.00deg.C;bp 437.22deg.C;CAS: 6381-59-5 Vendor Catalog#FLS386 500 This item is being sold as 1 per each 59 1 EA S373 500 SOD PHOSPHATE DIBASIC ACS 500G 41.27 41.27 Sodium Phosphate Dibasic Heptahydrate; Certified ACS;98 to 102%; Crystalline; Fisher Chemical;500g; Poly Bottle; F.W.268.07; HnaOP.7HO; mp 48deg.C; CAS:7782-85-6 Vendor Catalog#FLS373-500 This item is being sold as 1 per each 60 1 EA RDCS0700100 SOD NITROFERRICN ACS, 100G 46.61 46.61 Sodium Nitroferricyanide(Sodium Nitroprusside) Dihydrate ACS Ricca Chemical; 100g; Poly wht WM;CAS: 13755-38-9(Sodium Nitroprusside) Vendor Catalog#RDCS0700-100B1 Hazardous Material Shelf Life 5Y This item is being sold as 1 per each 61 1 EA SS290 1 SOD HYPOCHLOR PURIF 4-6% 1L 32.26 32.26 Sodium Hypochlorite Solution; Laboratory; Fisher Chemical; 1L; Poly Bottle; F.W.74.44; NaOCI; mp Odeg.C;CAS:7681-52-9 Vendor Catalog#FLSS290-1 Hazardous Material Shelf Life 9M This item is being sold as 1 per each 62 1 EA A661 500 AMMONIUM CHLORIDE ACS 500 G 34.27 34.27 Ammonium Chloride;Certified ACS;ge99.5%;Crystalline; Fisher Chemical;500g; Poly Bottle; F.W.53.49; NHCI;mp 328deg.C;bp 520deg.C; CAS: 12125-02-9 Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote_Nbr Customer Reference Page 4212-3988 36 RFQ QUICKCHEM 8500,LAB SETUP ITEMS REV 1 12 of 13 INbr Qty UN Catalog Number Description Unit Extended Price Price Vendor Catalog#FLA661-500 This item is being sold as 1 per each 63 1 EA A674 500 AMMONIUM MOLYBDATE ACS 500G Ammonium Molybdate Tetrahydrate;Certified ACS;81.0 to 83.0%; 158.63 158.63 Crystalline; Fisher Chemical;500g;Poly Bottle; F.W. 1235.86; (NH)Mo0.4H0;mp 190deg.C; CAS: 12054-85-2 Vendor Catalog#FLA674-500 This item is being sold as 1 per each 64 1 EA RDCP0320100 POT ANTIMONY TARTRATE ACS,100G Potassium Antimony Tartrate Trihydrate ACS Ricca Chemical; 100g; Poly 87 75 87.75 wht WM; CAS: 11071-15-1 (Potassium Antimonyl Tartrate Trihydrate) Vendor Catalog#RDCP0320-100B1 Hazardous Material Shelf Life 5Y This item is being sold as 1 per each Original Catalog Number RDCP0320100B1 65 1 EA A61 100 L-ASCORBIC ACID CRY ACS 100G L-Ascorbic Acid;Certified ACS;ge99.0%; Crystalline; Fisher 40.43 40.43 Chemical; 100g; Glass Bottle;F.W. 176.13;CHO;mp 190deg.C; CAS: 50-81-7 Vendor Catalog#FLA61-100 This item is being sold as 1 per each 66 4 EA 02674 25, SDS C 25G Sodium Dodecyl Sulfate;Certified;95 to 105%; Fisher Chemical;25g; 52.95 211.80 Glass Bottle; F.W.288.38;CHNaOS; mp 204deg.to 207deg.C; CAS: 151-21-3 Vendor Catalog#FL02674-25 Hazardous Material This item is being sold as 1 per each Original Catalog Number 0267425 67 1 EA A92 500 PHENOL REAGENT ACS 500G Phenol;Certified ACS;ge99.0%; Crystals; Fisher Chemical;500g; 96.23 96.23 Amber Glass/Poison Pack; F.W. 94.11;CHOH;mp 43deg.C; bp 90.2deg.0 at 25 mmHg;CAS: 108-95-2 Vendor Catalog#FLA92-500 Hazardous Material This item is being sold as 1 per each Sales Quotation ® Fisher Scientific Part of Thermo Fisher Scientific Quote Nbr Customer Reference Page 4212-3988-36 RFQ QUICKCHEM 8500,LAB SETUP 13 of 13 ITEMS REV 1 Nbr Qty UN Catalog Number Description Unit Extended Price Price 68 1 EA S311 500 SOD ETLEDIMINTETAC CR ACS 500G 105.45 105.45 Ethylenediamine Tetraacetic Acid, Disodium Salt Dihydrate;Certified ACS;99.0 to 101.0%; Crystalline; Fisher Chemical;500g; Poly Bottle; F.W.372.24;CHNNaOHO; mp 252deg.C;CAS:6381-92-6 Vendor Catalog#FLS311-500 This item is being sold as 1 per each 69 1 EA 90 691 18 RT BASC STIR MED120V/US PLG 147.59 147.59 Magnetic Stirrers;Thermo Scientific;RT Basic Series Magnetic Stirrers;4L stirring capacity; 150 to 2500rpm;Max. Load(vessel): 44 lbs. (20kg); Polypropylene body;6.60 in.dia.top plate; 100-240V, 50/60Hz; US plug Vendor Catalog#88880009 This item is being sold as 1 per each 70 2 CS 13 650 30B PIPET VOL CULTURTEK 50ML 200.66 401.32 Pipets,Volumetric; Fisherbrand Reusable CulturTek;Capacity:50mL; Accuracy:?0.10mL;Color Code: Red; Permanent amber markings;Top tooled for cotton plugs Vendor Catalog#1365030B This item is being sold as 12 each per case MERCHANDISE TOTAL 190,465.72 Fuel Surcharge 5.50 TOTAL 190,471.22 NOTES: Returns are subject to manufacturer terms and conditions. We now offer highly competitive financing with low monthly payments. Please contact your local sales representative for more information. Tell us about your recent customer service experience by completing a short survey.This should take no longer than three minutes. Enter the link into your browser and enter the passcode: USA-PGH-CS2 http://survey.medallia.com/fishersci Meridian" City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: APPROVALAND AWARD OF BID AND AGREEMENT Approval of Award of Bid and Agreement for "Public Safety Training Center- Construction' to D&A Door Specialties" Inc. Bid Package 8) for a Not-To-Exceed amount of $69,860.00. MEETING NOTES iPPROIEB Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTON. DATE: E-MAILED TO SENT TO SENT TO INITIALS STAFF AGENCY APPLICANT I i -- i City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Max Jensen, Jamie Leslie, Jacy Jones Date: 8/14/14 Re: August 19 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 19th City Council Consent Agenda. Approval of Award of Bid and Agreement for"Public Safety Training Center-Construction"to D&A Door Specialties (Bid Package 8) for a Not-To-Exceed amount of $69,860.00. This award is the result of the Formal IFB issued June 2, 2014 and opened June 24th. Two bids were received for bid package 8 (Doors& Hardware). Recommended Council Action: Approval of Award of Bid and Agreement to D&A Door Specialties, Inc. for the Not-To-Exceed amount of$69,860.00. Thank you for your consideration. •Page 1 o co o _) 0 of o 0 N. El, 0, ::,,,,,:l A' z z C 1 z z idle z z J a, U.! < < p a WO I-z2 Lu W V Et d 41114 z z 0 0 O M 71- CNN- Ea = -, fR 69 as Amo,,A a e lou- 0 LL 0 o 0 Q W oo z z V '1 rn intfit (0 rn cl J O `u Ca d . ,, M 43 a Z a Z Q 15 tar Q m E2 2 W ,,,,,h4,1:6:, a Q } } >- >- 41 } } o rn N N N U c a a r ibi co CAc ;Si m CO 0 Cam o Q 'p CI m len 00reffilAIM 0 a r s t AIA Document A132" - 2009 Standard Form of Agreement Between Owner and Con tractor,Construction Manager as Adviser Edition I AGREEMENT made as of the 12th day of August in the year 2014 (lit words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original City of Meridian AIA standard form.An Additions and 33 E.Broadway Deletions Report that notes added Meridian,ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information D&A Door Specialties,Inc. and where the author has added to or 2667 S.Victory View Way deleted from the original AIA text. Boise,ID 83709 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel in conjunction with AIA Documents 1401 E.Watertower A232Tm-2009,General Conditions of the Contract for Construction, Meridian,Idaho 83642 Construction Manager as Adviser Work defined in Bid Package#8 Doors and Hardware Edition;B132TM'-2009,Standard Form of Agreement Between Owner The Construction Manager: and Architect,Construction Manager (Name, legal status, address and other information) as Adviser Edition;and C132TM'-2009,Standard Form of The Ewing Company,Inc. Agreement Between Owner and 1500 Eldorado,Ste.#4 Construction Manager as Adviser. Boise,ID 83704 AIA DocumentA232TM'-2009 is adopted in this document by The Architect: reference.Do not use with other general conditions unless this (Name, legal status, address and other information) document is modified. CSHQA 250 S. 5th St. Boise,ID 83702 The Owner and Contractor agree as follows. Init. AIA Document Al32TM—2009 formerly A101 mCMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA€Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. — User Notes: (1283021154) r r TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS I 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) I Date of Commencement will be fixed by"Notice to Proceed". If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanics'liens and other security interests,the Owner's time requirement shall be as follows: NIA § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA Document A132111—2009 formerly A101 TMCMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 2 this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under / the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. — User Notes: (1283021154) Portion of the Work Substantial Completion Date All July22, 2015 ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) I Liquidated Damages are$500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be one of the following: (Check the appropriate box.) [X ] Stipulated Sum,in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price,in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Sixty-nine Thousand Eight Hundred Sixty Dollars and Zero Cents($69,860.00), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) I Alternate 2-$33,360.00 § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) § 4.2.4 Allowances included in the Stipulated Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) Init. AIA Document A132"—2009 formerly A701 TM'CMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 3 this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under / the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. — User Notes: (1283021154) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor,and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month,the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above,payment shall be made by the Owner not later than Thirty (30 )days after the Construction Manager receives the Application for Payment. (Federal, state or local lams may require payment within a certain period of time) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require.This schedule,unless objected to by the Construction Manager or Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent(5 %).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to One Hundred percent( 100 %)of the Contract Sum,less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims;and Init. AIA Document Al 32''—2009 yormerly A101 TTMCMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 4 this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. User Notes: (1283021154) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.1.4.5 Reduction or limitation of retainage,if any, shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009,and to satisfy other requirements,if any,which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work,pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work,with or without a Guaranteed Maximum payment;and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A232-2009,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Speci/y) AIA Document A132"—2009formerly A101"CMa—1992).Copyright()1975,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIAv Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 5 this AIA€Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under / the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. User Notes: (1283021154) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) I Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E.Broadway Ave. Meridian,ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Bryce Toranto Senior Estimator D&A Door and Specialties,Inc. 2667 S Victory View Way Boise, ID 83409 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. § 9.1.1 The Agreement is this executed MA Document A132-2009,Standard Form of Agreement Between Owner and d Contractor,Construction Manager as Adviser Edition. Init. AIA Document Al 32T"—2009 formerly A101 T""CMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 6 this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. — User Notes: (1283021154) § 9.1.2 The General Conditions are,AIA Document A232-2009,General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections 081113 Hollow Metal Doors and Frames 081416 087100 Flush Wood Doors 079200 Door Hardware Sealants § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) I Exhibit D Number Title Date § 9.1.6 The Addenda,if any: Number Date Pages One 6/19/14 50 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents,if any,forming part of the Contract Documents are: I (Paragraphs deleted) .4 Other documents,if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents.AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Contractor's Bid In it. AIA Document A132T'"—2009(formerly A101 TM"CMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 7 this AIAa Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under / the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. — User Notes: (1283021154) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) I Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. r 4 OWNER(Sig t e) C• 'T`T' 0-0R(Signature) Tammy de Weerd,Mayor n ogPzeDnucUsTr L)( / (O4/((7 5h/Ir7r ES�I,vr,40✓ (Printed name and title) . (Printed name and title) Attest: /Mr-4 - ' ' 71ACler. i D IDAHO 9 � e SEAL s . yrA''''''' q .‘°. ur the TRE?�S'..,. AIA Document A132 TM—2009 formerly A101 TMCMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 8 this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under I the law.This document was produced by AIA software at 10:02:02 on 08/12/2014 under Order No.7671846646 1 which expires on 05/05/2015,and is not for resale. User Notes: (1283021154) CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package#8 Bid Package Name: DOORS AND HARDWARE Submitted by: (Company Name) y� Al Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents,within the time set forth therein,and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written"Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications, and Plan sets Titled 'Meridian Public Safety Training Center'and 'Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements(All Sections) 081113 Hollow Metal Doors and Frames 081416 Flush Wood Doors 087100 Door Hardware 079200 Sealants* *(As applicable to this work) In addition to the work required in the above sections,this bid item includes but is not limited to the following: • Provide material, labor and equipment to furnish and install hollow metal window and door frames in metal stud partitions,hollow metal and wood doors,door hardware and key operated switches. • Installation of doors and frames in fire rated assemblies per NFPA standards and related codes. • Furnish only masonry hollow metal window and door frames located in new work for installation by others. Coordinate delivery with the Construction Manager. • Remove and salvage hollow metal door and window frames as indicated. • Remove and salvage hollow metal and wood doors as indicated. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Installation of masonry hollow metal frames in new work. Acknowledgement of Addendum: # j (et /II /t([ 1# ( / / 1# ( / / 1 # ( / / )# ( / / ) CONTRACTOR BID FORM Bid Package#8 Page 1 of 3 Doors and Hardware Base Bid Proposal (Including all applicable taxes; Labor&Material Payment Bonds)dBase Bid: $ 3C /6k-iv l h i�-4/ S i hvtncG I 1�e �'�t re� Dc)1i st is Dona rs_ Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums,which sums shall be added to or deducted from,the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner,which is most advantageous to the owner. Schedule of Alternates Alternates are described in Section 012300 Please enter a zero(0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add-Deduct$ 2 Building Addition on West side of MPD Building Add-Deduct$33 -31( .�j(f3 j "`' 3 Display Case Add-Deduct$ 4 Northwest Parking Lot Add-Deduct$ 5 Break Room Remodel Add-Deduct$ 6 Tiered Classroom Fixed Tables Add-Deduct$ 7 Masonry Fence Add-Deduct$ The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty(60)days past the bid date. The undersigned agrees in submitting this proposal,that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance.All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5%of the total bid, made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company: }/\ DCO j• Spa - es j ,✓IC. • Business Address: 2.hc7 ), \r,C,-)oc..A fec. L15c'/ q3707 Public Works License No.: 7O7` AA- �{ ` Expires: OZ. Z(3 ` Idaho Registration Nor—Z�-� ` Z9l , Expires:O7 - 1-1 - I; Signature %' Date 6 - E-Mail: r•it,.(U;C.,:«/, fes, t) Printed Name and Title: I.,):r/C ' IIocijc E ' C,v1lor . 5Th 6-cf Phone Number: � 7 3cT Fax Number: 'Z ' 2.✓7 %1 (Seal if bid is by a corporation) CONTRACTOR BID FORM Bid Package#8 Page 2 of 3 Doors and Hardware Subcontractor,(If Applicable) Company: /! Business Address: Public Works License No. Expires: Phone Number: Fax Number: (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package#8 Page 3 of 3 Doors and Hardware EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State:Idaho Statutory b. Applicable Federal Statutory c. Employer's Liability: $100,000 per Accident $500,000 Disease,Policy Limit $100,000 Disease,Each Employee 1. Commercial General Liability(including Premises-Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C(collapse),and U(underground)hazards) a.General Aggregate$2,000,000(limit to apply Per Project) b.Products-Completed Operations Aggregate$2,000,000 c.Personal and Advertising Injury$1,000,000 d.Each Occurrence$1,000,000 e.Fire Damage(any one fire)$50,000 f.Medical Expenses(any one person)$5,000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned,non-owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. Any policy required by this section may be arranged under a single policy for the full limit required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability Policy The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the company's liability." EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE&CISCA CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC.—FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE&IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES&WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES&ELEVATIONS STRUCTURAL S0.1 GENERAL NOTES SO.2 GENERAL NOTES S1.1 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS S3.4 FRAMING DETAILS S3.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL GENERAL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA&BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS&SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES SO.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND&LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE&SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY,SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL SO.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND&LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE&SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN 11.3 RECOVERY,SERVERS AND SAN CABLING DETAILS 11.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: COST SHARE PERMIT AGREEMENT WITH ACHD Cost Share Permit Agreement with ACHD for the Ten Mile Road, Cherry Lane to Ustick Road Widening Project MEETING NOTES g APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT 3775 Adams Street ACHD Contact Person: ', N Garden City Idaho 83714 Name: Al Busche AO. Nilptib,. Phone (208) 387-6280 3775 Adams Street Facsimile (208) 387-6289 Garden City Idaho 83714 Phone: (208) 387-6230 8O W '-ale 5414,444, Date of Permit: ACHD Project No.:503023 Permit No.: 004 2014 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No.215. I. PARTNERING AGENCY INFORMATION This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Caleb Hood Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0572 Email: chood@meridiancity.org II. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS Name/Location of ACHD Road Project: Ten Mile Road, Cherry Lane to Ustick Road, ACHD Project #503023, as generally depicted on Exhibit A and further depicted in the plans attached hereto and incorporated herein as Exhibit B. Approved Non-Transportation Components: Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non-Transportation Components: Perpetual Maintenance of Permanent Landscaping in the Approximately 5-Foot Buffer Area within Parcels 75, 93, and 96 and in Front of and/or Adjacent to Parcels 86, 87, 88, 89, 92, 94, and 95 and R2833240220, as depicted on Exhibit A. ACHD authorizes and requires the perpetual maintenance of developed landscaping in the form of irrigated grass or other permanent landscaping approved pursuant to this Permit (the "Permanent Landscaping") 1 within Parcels 75, 93, and 96 and in front of and/or adjacent to Parcels 86, 87, 88, 89, 92, 94, and 95 and R2833240220. In accordance with Ordinance 215, the foregoing Permanent Landscaping is referred to herein as the "Non-Transportation Components." III. ACQUISITION OF RIGHT-OF-WAY Conditions of acquisition/contribution of real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for acquisition of real property: None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of the real property for these safety buffer areas is not required of Partnering Agency, and is not part of the Non-Transportation Components. IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non-Transportation Components: Not applicable due to the nature of the Non-Transportation Components. The Permanent Landscaping is already in place. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Not applicable due to the nature of the Non-Transportation Components. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Not applicable due to the nature of the Non-Transportation Components. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) Not applicable due to the nature of the Non-Transportation Components. 2 If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components: a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the Non-Transportation Components. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the Non-Transportation Components. c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not applicable due to the nature of the Non-Transportation Components. Any modifications to the deadlines set forth above must be approved in writing by ACHD. Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: Not applicable due to the nature of the Non-Transportation Components. Relocation of utilities to be completed by Partnering Agency (if any): Not applicable due to the nature of the Non-Transportation Components. Storm water provisions (if applicable): Not applicable due to the nature of the Non-Transportation Components. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated to be September 2015. 3 VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS Maintenance requirements of Non-Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent Landscaping within Parcels 75, 93, and 96 and in front of and/or adjacent to Parcels 86, 87, 88, 89, 92, 94, and 95 and R2833240220. Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect for a period sufficient for Partnering Agency to realize the economic benefit from such expenditures. 4 6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days' notice and Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACHD Road Project(including without limitation the right-of-way), or in the case of landscaping, replace the Non-Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by Partnering Agency's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and Partnering Agency shall reimburse ACHD fully for all associated costs. VII. TERM Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD's right-of-way and personal property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non-Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right- of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of- way underlying them and charge all costs to Partnering Agency. VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit is issued in connection with the following findings: Partnering Agency's Cost Share Application was determined by ACHD to be incomplete due to certain inaccuracies, including, by way of example and without limitation, the statement that Partnering Agency is not requesting any Non-Transportation Components. This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved. 5 P IX. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit(the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACRD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation,reasonable compensation for the use of staff and equipment of ACHD. 4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of-way underlying the Non-Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration,revocation, and/or cancellation of this Permit for any reason. 5. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition,Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. 6 6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non-Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs,plans,and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation Components. 9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to Partnering Agency to access any Highway or Public Right-of-Way. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case Partnering Agency shall reimburse ACHD fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace,maintain, and/or care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 7 12. All exhibits and any addenda to this Permit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below. SIGNATURES This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue this Permit and bind ACHD to the terms set forth herein. By: Br.ucong Its: Dire City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and bind Partnering Agency to the terms set forth herein. 4; By: Tammy L. le Weerd Its: Mayor' Exhibits Exhibit A General Depiction of Project Exhibit B Project Plans 8 1570:, ,);,,,,;',,,,,,,,;4'1';"';'C',":':",ii:','i,..7.:,;;;;„,,,'" , -.' - '-' C'),."''''''' EXHIBIT"A" TEN MILE,CHETIK P3023 CostRRY Share TOUSPermitCNo.4ROJECT NO.50 ` . Legend .'',,2,,,,4',,V','''.*R*,, » F £ § Permanent Treabnent 3 ` ,.ar..„, 4� " f ew 5 d Ik ag N .--'1---,,, ;.� ACED Rightrof-Way , ' ,r`,, Q b. b Parcels /461112,�' m ..„..104.4_ .A0,-'4frl'N.,., 8( le 'eel Alle 1, .,,,,.:,,,.„:-.„, -,,,,,,,,,,,,,, , -„,- , ,,,,,,,Aek, - - �< $A . �, � � ns 44 n P 14 ip \'. T sz r I .,,. , .40,,i0, 0 ii ti ,, f. .:, 6 si a 0 -+ — W MOON LAKE LN p Clic BIZ „oi, 87 : *Y. ..� z ff :k''''''*.:':f Er 96 Clc { v ��_ 11011107,N John S. Franden, President A _* Mitchell A.Jaurena,Vice President Rebecca W.Arnold,Commissioner Sara M. Baker,Commissioner Jim D. Hansen,Commissioner EXHIBIT B Exhibit B is explicit to 99% plan sheets 13 and 14 of ACHD Project No. 503023. All other plan sheets are not applicable to the cost share application. Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 208 387-6100•FX 345-7650• www.achdidaho.org ((POOH )+axsn 01 3NY1 Aaa31-1Z) OVON 311V1 N31 •.4 99I.oa £z0£09 ,.. • to n 1"•`' ono tam enae sung•,4 44 1.0.N11 OW 1$11011 14 1111thi intra Ai w•+a pm neon:.kw nitifew a 44 Mao O Arcy ~ 1 ! 1 g 1 G s 04 1 ' r '-. '1) I R 1 4 tab". W -i ii .„, ; 1 tot 1 ,,, A1 „ - " g ii li „,' ,,1 0 I itggglIzggill! g -g g 0 k 0 - a , : 1441 iiiigi it ill 11 — _.......mics--% w 4 (4441 0 1 : �y Mf qN . 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LI+ ON 141 .r t g0 64 1 liE, , • ' a4' 0. i t., �� I : , N� aliiMMrdaa k) 0,41 , i t +-- i t tM 11111.41X ,da.Mi affil 4WU1 Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: COST SHARE PERMIT AGREEMENT WITH ACHD Cost Share Permit Agreement with ACHD for the Ustick Road, Locust Grove Road to Leslie Way Widening Project and the Ustick/Locust Grove Intersection Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT 3775 Adams Street ACHD Contact Person: 411 , ? Garden City Idaho 83714 Name: Adam Zaragoza Phone (208) 387-6280 3775 Adams Street 40101r * 141/tots. A * IFFacsimile (208) 387-6289 Garden City Idaho 83714 Phone: (208) 387-6249 60~144treet tes Date of Permit: , ACHD Project No.: 310017, Permit No.: 003 2014 510018 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No.215. ' • ' N ' AGENCY INFORMATION This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Caleb Hood Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0572 Email: chood@meridiancity.org II. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS ...,.,:;i�. .,,,,w. v.,,.,,. �„a r, / s a., Name/Location of ACHD Road Project: Ustick Road and Locust Grove Road Intersection, ACHD Project #310017, and Ustick Road, Locust Grove Road to Leslie Way, ACHD Project#510018, as generally depicted on Exhibits A- 1 and A-2 and further depicted in the plans attached hereto and incorporated herein as Exhibit B. Approved Non-Transportation Components: Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non-Transportation Components: (1) Design, Construction, and Maintenance of Interim Treatment until Replaced with Design, Construction, and Perpetual Maintenance of Permanent Landscaping in the Buffer Area in Front of and/or Adjacent to Parcel 3 of Project#310017, as depicted on Exhibit A-1, and in the Buffer Area in Front of and/or Adjacent to Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of 1 Project #510018, as depicted on Exhibit A-2. ACHD authorizes and requires the design, construction, and maintenance of interim treatments in the form of weed barrier and 2-inch minus drain rock, along with conduit for future irrigation. The top surface of the drain rock shall be level and depressed 1 inch to 1 inch below the top surface of the curb and sidewalk in order to contain the rock (collectively, the "Interim Treatment") within the pedestrian safety buffer areas present in front of and/or adjacent to Parcel 3 of Project #310017 and Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Project#510018 for a period of 10 years from the date of this Permit. After the 10-year period, the Interim Treatment must be replaced with developed landscaping in the form of irrigated grass or other permanent landscaping approved pursuant to this Permit (the "Permanent Landscaping"), except that ACHD may, in its sole discretion, taking into account then-current conditions, authorize the Interim Treatment to remain in front of and/or adjacent to parcels that are undeveloped beyond the 10-year period. Such authorization, if given, shall only be valid if it is provided by ACHD in writing prior to the expiration of the 10- year period. (2) Perpetual Maintenance of Permanent Landscaping in the Buffer Area in Front of and/or Adjacent to Parcel 2 of Project #310017, as depicted on Exhibit A-1, and in the Buffer Area in Front of and/or Adjacent to Parcels 16, 17, 18, and 20 and R8220200290, R8220200060, and R1362660010 of Project #510018, as depicted on Exhibit A-2. ACHD authorizes and requires the perpetual maintenance of Permanent Landscaping within the pedestrian safety buffer areas present in front of and/or adjacent to Parcel 2 of Project #310017 and Parcels 16, 17, 18, and 20 and R8220200290, R8220200060, and R1362660010 of Project#510018. In accordance with Ordinance 215, the foregoing Interim Treatment and Permanent Landscaping are referred to herein as the "Non-Transportation Components." III. ACQUISITION OF RIGHT-OF-WAY Conditions of acquisition/contribution of real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for acquisition of real property: None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of the real property for these safety buffer areas is not required of Partnering Agency, and is not part of the Non-Transportation Components. IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non-Transportation Components: Partnering Agency shall be responsible for obtaining approval of the plans/designs of the Non- Transportation Components, which shall consist of designs for the Interim Treatment and Permanent Landscaping, as applicable, for Parcel 3 of Project #310017 and Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Project#510018. 2 If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Non-Transportation Components and receive approval from ACHD as to the plans/designs prior to installation. Additional conditions: All designs/plans submitted by Partnering Agency will comply with (i)established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO"); (iii) the Cost-Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v)all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non-Transportation Components. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components, if any. Partnering Agency shall receive no credits in connection with the design costs for the Non-Transportation Components. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) Upon submission of the plans/designs of the Non-Transportation Components by Partnering Agency and approval by ACHD, Partnering Agency may proceed with construction or may elect to contract with ACHD for construction. If Partnering Agency performs the construction, it shall construct the improvements in accordance with the approved plans/designs. Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way, improvements, or other property of ACHD as a result of any labor performed or materials supplied in connection with the construction of the Non-Transportation Components. (2) Partnering Agency shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Non- Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's construction of the Transportation Components or ACHD's Road Project schedule in any way. (4)Any amendment to the designs and plans must be approved in writing by ACHD. (5)All construction of the Non-Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6)All construction by Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO"); (iii) the Cost-Share Ordinance No. 215; 3 (iv)all adopted ACHD rules, regulations, and policies; and(v)all state and federal laws. If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components: a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACHD. Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non- Transportation Components, whether ACHD or Partnering Agency performs such construction. Partnering Agency shall receive no credits in connection with the construction of the Non- Transportation Components. If ACHD performs the construction of the Non-Transportation Components, then Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non-Transportation Components, and any other costs associated with the construction and installation of the Non- Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such charges. Relocation of utilities to be completed by Partnering Agency (if any): If Partnering Agency constructs the Non-Transportation Components, Partnering Agency will be solely responsible for the relocation of any utilities required in connection with the placement, incorporation, or construction of the Non-Transportation Components. If ACHD constructs the Non-Transportation Components, Partnering Agency will be solely responsible for the cost of the relocation of any such utilities. Storm water provisions (if applicable): The pedestrian safety buffer area between sidewalk and vertical curb shall be designed so as to prevent storm water from accumulating and ponding in the buffer area. 4 Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency's Non-Transportation Components will have an adverse effect on storm water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effects in a means determined by or acceptable to ACHD. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated to be September 2014. The deadline for Partnering Agency's completion of the Non-Transportation Components is upon substantial completion of the Project. VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS Maintenance requirements of Non-Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the maintenance, repair, and replacement of Interim Treatment until replaced with Permanent Landscaping in front of and/or adjacent to Parcel 3 of Project#310017 and Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Project #510018, and thereafter, the perpetual maintenance, repair, and replacement of Permanent Landscaping in front of such parcels. Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 5 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect for a period sufficient for Partnering Agency to realize the economic benefit from such expenditures. 6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days' notice and Partnering Agency fails to remedy such failure: (i)ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACHD Road Project(including without limitation the right-of-way), or in the case of landscaping, replace the Non-Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by Partnering Agency's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and Partnering Agency shall reimburse ACHD fully for all associated costs. *fi Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD's right-of-way and personal property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non-Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right- of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of- way underlying them and charge all costs to Partnering Agency. 6 VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved and supersedes any conflicting terms in Partnering Agency's Cost Share Application. IX. GENERAL CONDITIONS OF PERMIT �Wi !`im�,$�HfhXkq'HYNFA'uhs.Nkr1' L frd"N J^3 M%tiY: 1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACRD. 4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of-way underlying the Non-Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration,revocation, and/or cancellation of this Permit for any reason. 7 5. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. 6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non-Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation Components. 9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to Partnering Agency to access any Highway or Public Right-of-Way. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency,in which case Partnering Agency shall reimburse ACHD fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD 8 to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace, maintain, and/or care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Permit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below. SIGNATURES This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue thi • Ili 111••• A _ D to the terms set forth herein. t B . Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and bind Partnering Agency to the terms set forth herein. I By: Tammy " . de Weerd Its: Mayor 9 Exhibits Exhibit A-1 General Depiction of Project#310017 Exhibit A-2 General Depiction of Project#510018 Exhibit B Project Plans 10 . } _f € P44 ' -ttf. 111116, • y f, ; � -..$'U ask `� ' w " \`� �.. w ^w« Bks$"e a .xfi .,' CL7Q ) m� 3. ,fir'. `, ,' 6 s° F a lr �4 i. ;A-1z.5 j * px #, t,„ ` r it O s '1 € .•„ W e , CO 1 I-- iX w z ._ io0 c o Z , a ... i 1 � Qz a ifn . . t., 41 o w � 0UasoU_ ,F 4 ,,,,,,., . 1 f x�r��- a�" . } -.-c,..., ug 1 £ , ,.... ,,,- „..„,r � fig,._ 3 ab I n , 6. of ... `. _ �_ cc, =. 3 FeM HEad,vollaA,r u o 111 °,� "" � "jam � j '�r.'rX,�:, u�tku'�Q"4. ,r,..,. ,i,,,�.,,>. E ! „✓ ,..--r •��'s'u c. .s gift 1 �7EF�dY1 £Pk7lt rc.r is ;. a 3 i i z° @ i .. ; e F Y 311/_1 5a€` w¢a i` a f 1 y s r� �e zea l w a� 'fli 44„ r 0 ' z ID„_ Hca a o ? s' F',.r _ 1 EL M r*r: John S. Franden, President AC 111497 S ., 41$ Mitchell A.Jaurena,Vice President Rebecca W.Arnold,Commissioner n r / Sara M. Baker,Commissioner 60fvtowt,firefit � N eco Jim D. Hansen,Commissioner EXHIBIT B Exhibit B is explicit to 99% plan sheets 2, 4, and 6 of ACHD Project No. 310017 and 100% plan sheets 2, 3, 4, 5, 6, 7, 8, 9, and 10 of ACHD Project No. 510018. All other plan sheets are not applicable to the cost share application. 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I}} I .'i 0 8 w 0 to I I I I}XI . • / iT a o I I I 0 f e.' / O ; 1 , I ,:p•',..,,,,,,,, / ; . u 11 IIIIIIIII Illlll j i ' l� 1, / . .-`—`- 7 0 v IHI I LS 11 IliIyi L O O+ flllll 111 11l 111 :;;..Si ' 1 9• Oro '___.-_\ W I Qi I i%!"-; 0 LO Y A_ re: = 0 0 ID e 7 R729455 060 ZZ+6f 15 ; - 124251 HJ1YW 1N3W3r�Vd It 2 1 Pc. DYER BRUCE a ,� o I ®� 4 0 ii , ..; , lull IIIJIIII V I Wi rn 12 _ I W .AVM 3415311 1 . - t 3 Ei II 1 i8 IFi'� .0 f.I. a Eel [, 10\ 1 ,, � �I 5 I fl V S : NM w -e I le II, l ® • LL j JI 1 111 c ��' I� I 1' 1 v v m I 04HLf'01 Gun y 2.� 1 r C L O it .0l 9t 1 h N N tiII .- CITY OF MERIDIAN 33 E. BROADWAY AVENUE, SUITE 200 MERIDIAN, IDAHO 83642 BLOW-OFF ASSEMBLY AGREEMENT Project: Water and Sewer Improvements in coordination with ACHD Ustick Road- Locust Grove to Leslie Project, herein called"the Project". THIS AGREEMENT, made this 3O"qday of �4/ , 2014, between the City of Meridian, an Idaho Municipal Corporation,/herein called "City" and Green Village Development, Inc, an Idaho Corporation herein called"Property Owner". WHEREAS, Property Owner requested the installation of water and sewer service stubs to the Heritage Grove Subdivision in conjunction with ACHD Project No. 310017; and WHEREAS the 8" water service stub at station 13+52 along Ustick Road was installed according to the approved plans; and, WHEREAS Property Owner requested that ACHD install the sidewalk along Ustick Road not according to the approved plans, but further back from the roadway, causing it to cover the blow-off valve already installed according to plan; and, WHEREAS if the relocation of the blow-off valve were to be done as a change order to project No 310017 it would be at Property Owner's expense, and Property Owner would be required to provide an easement for the maintenance of the valve, as it would no longer be entirely in the right-of-way; and, WHEREAS Property Owner plans to develop the subdivision in the near future, and use of the blow-off will not be required if the subdivision develops, and a main line is attached to water service stub within three years, it is mutually beneficial to both parties if the valve remains in its current location until the property develops, if development occurs within three years. Now therefore, the parties agree as follows: 1. The City agrees to allow the blow-off valve on the 8" water stub to Heritage Grove Subdivision, at station 13+52 along Ustick Road, to remain underneath the sidewalk, with the understanding that the Property Owner will uncover the 8" stub and connect to it within the next three years from the date of this agreement. 2. If the development does not occur and this valve remains buried after three years from the date of this agreement, the property owner agrees to have the blow-off valve assembly uncovered, extended behind the sidewalk, and raised to grade at the Property Owner's expense, within 42 months of the execution of this agreement. The Property Owner shall also provide the City with an easement appropriate for maintenance of the blow-off valve and water service stub. 3. In the event that Property Owner fails or neglects to perform its obligations under Revised 7/1/2014 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. 4. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. 5. 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 Property Owner IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written GREEN VILLAGE DEVELOPMENT,INC An Idaho Corpor, ion By: /:.,,it/ Tucker Joh .on Principal STATE OF IDAHO ) ) County of Ada ) On this 3 day of Jay , 20 /i/, before me, the undersigned, a notary public, 1 personally appeared Tucker Johnson, known or identified to me to be an authorized signatory of the Corporation that executed the instrument or the person who executed the instrument on behalf of said Corporation and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ' Nf ARY PUBLIC FOR IDAHO �IrrH STATE OF IDAHO y Residing at: Ws gcv" , €.7''NOTARY PUBLIC Commission Expires: j/— ZZ /y Revised 7/1/2014 CITY OF MERIDIAN 010SED AUcosOT Tammy de- +eerd, Mayor City of of/ E IDIAN - mDAMD 1 Attest': F aycee L. o . , arty Clerk Q°arae TxFASUA`'° Approved By City Council On: Si ) I I 3t STATE OF IDAHO ) ) ss County of Ada ) On this f day of vcwSk" , 201 &\ , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and Jam --acne - . 0 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. g 1, NOTARY PUIC FO' IDAHO (SEAL) Residing at: I / b ,•.••. .�••• HE 1,1,.1,1, Commission Expires: So�C] ---- - 1 •• l .d I%: • i•4•.IDAHO ••• • •1,1.88••• Revised 7/1/2014 Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: TRADEWINDS SUBDIVISION SEWER AND WATER EASEMENT Tradewinds Subdivision Sewer and Water Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES STAFF AGENCY APPLICANT INITIALS c2t/1ERDIAN . Land Development Services Meridian City Hall, Suite 102 Community Development 33 E. Broadway Avenue Department Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 8/14/14 SUBJECT: Tradewinds Subdivision No.1 Sewer Main Easement I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located on the site of Tradewinds Subdivision No.1. 2. This easement provides the City of Meridian access to a public sewer main installed to provide service for Tradewinds Subdivision No.1. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 884-5533 Bruce Freckleton, Development Services Manager 489-0362 Denny Cline, Development Analyst II 489-0371 l lat:,1,42.) ?-11`PI Recommending Denny Clin evelopment Analyst II -�— - OF Approval 0:37r-"Ir•n, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org Fax 208.887.1297 Rev:01/7f11"2 ADA COUNTY RECORDER Christopher D. Rich 2014-068083 BOISE IDAHO Pgs=5 BONNIE 08/21/2014 01:59 PM MERIDIAN CITY NO FEE 111111111111I111111111113 11111 111111 1 111111 111 00013729201400680830050059 SANITARY SEWER EASEMENT 1 Avgv S THIS INDENTURE,made this -,31- day ofd,2014,between SDN,LLC,the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County,Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement 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 sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their s'_na/ res the day and year first herein above written. G' A ' TO' Don Newell, Member SDN, LLC 607 Sherington Drive Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) On this 3( day of July,2014,before me,the undersigned,a Notary Public in and for said State, personally Don Newell, known or identified to me to a Member of the LLC that executed the within instrument,and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. p•HNp / 1 1 , 0:0s,STI Alt (SEAL) •• N T (Ay NO ARY P ':LIC FOR IDAHO 44i s Residing at: cc-AA,/ I b i 146•„. Commission Expires: "k•")-0• I`' '4 kV) AGBL IC I �Op IDP'%`AO eiwommoo �� Sewer Main Easement EASMT SEW 1 1-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy'de eerd, Mayor Qo�e' °Sr, ��0S 'gyp City of _ ._ L. .11 --4411111111116 to .' fDAHO Att by lr ee L. Holman, City Cle , SEAL syr y',. 9 A5E Approved By City Council On: V 19 .- STATE OF IDAHO, ) : ss County of Ada ) On this I(I day of -A-V Glv S , 20 ILA , before me,the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jayce ;�°``^ '�0,-k.eS � 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. • 1 / ; l L ( .2 (SEAL) ..•..., • NOTARY PUBLICpFOR IDAHO •'• CHEF•,• Residing at: �� -CQ(A41-Q_ � D .• / 14O?r*N- ; Commission Expires: �S-01 c J,R �,`• • C •• • • •. IDAHO ••• Sewer Main Easement EASMT SEW 11-15-13.doc km ENGINEERING 9233 WEST STATE STREET I BOISE, ID 83714 I 208.639.6939 I FAX 208.639.6930 July 31, 2014 Project No.: 12-072 EXHIBIT A LEGAL DESCRIPTION FOR SEWER EASEMENT A sewer easement being a portion of a parcel of land situated in the Northwest 1/4 of the Northwest 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29,thence along the north line of said Section 29,S89°34'31"E a distance of 390.22 feet to a point,from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said North section line S00°14'19"W a distance of 43.50 feet to a 5/8-inch rebar on the southerly right-of-way line of E. Victory Road; Thence following said southerly right-of-way line, S88°48'22"W a distance of 13.01 feet to the POINT OF BEGINNING. Thence leaving said southerly right-of-way line, S00°14'07"W a distance of 138.90 feet to the proposed northerly right-of-way line of E. Fathom Street; Thence following said proposed northerly right-of-way line, N89°45'43"W a distance of 20.00 feet to a point; Thence leaving said proposed northerly right-of-way line, N00°14'07"E a distance of 117.13 feet to a point; Thence N89°41'05"W a distance of 106.50 feet to a point; Thence N70°10'37"W a distance of 51.07 feet to a point on the southerly right-of-way line of East Victory Road; Thence following the said southerly right-of-way line along the arc of a curve to the right having a radius of 1,659.00 feet, an arc length of 30.01 feet, a central angle of 01°02'12", a chord bearing of N87°17'00"E and a chord distance of 30.01 feet to a 5/8-inch rebar; Thence continuing along said southerly right-of way line,S89°45'43"E a distance of 25.95 feet to a 5/8-inch rebar; Thence continuing along said southerly right-of-way line, N88°48'22"E a distance of 118.73 feet to the POINT OF BEGINNING. Said parcel contains 5,355 square feet, more or less, and is subject to all existing easements and/or right-of-way of record or implied. �pAL �d Attached hereto is Exhibit B and by this reference is made a part hereof. =,e .ct,Cst jf t1�'r 12459 0, pzi ENGINEERS 1'1A?SURVEYORS � PLANNER1'1A? OF \ea k �A49 www.kmengllp.com L. BAl'i' P:\12-072\CAD\EXHIBITS\12-072 SEWER EASEMENT.DWG,AARON BALLARD,7/31/2014,SAVIN C9020 PCL 5C(B&W).PC3,---- l r- m O co INI IDo • z cn vDupo c/C) �cm 00Im 0 m-Zi o �� Z o X X m m '0 C) -o U) Q o mom' G7 D D D U m Cn / CO Ir Ez c) N x) r m n n O 0 Z Z r ZO O v// �' cn C O m 0 m .< r Z r C O n 0 O) N N m Z Z o o - r m D g Z m O cn 01 >po 0 cD m D -Zi 7) o U' (-n Co O cn v -I; O Z W N W r'7, ec P N O O I . = C N m m I ON o -1 O Z XI xi D (.11opo"Do < F N D W m m co Cr � w r6: OCD = :I71 = Q O o 0 rn CD rTi`� cn -n N J I� �. cn o COu' r* ui DIS N �' CD m Gni w Q O = CL W �,Iw 3 m N p z _ - O rr O O a V) \ O i -P co -1 F9. I N00'14'07"E 1 17.13'! W °) , � el 0.) o O Q co �e s s"s s"s s 8" • c �I°D S 8"S 8"S _ co I co S00'14'07"W 138.90' a D I.HT-- — r--.) O cu 0 0 S� O 00 O O a) CD I C - co O I cn O -• N C m - 4'- (D .I N N � n N v f--� r�-r _� o z.zOJ xi m rt Z V) CD Z N. co 2) O u) icn F., rll gill. „,., -0 =ow ? Z m 0 D EXHIBIT B - SEWER EASEMENT "°m N � � TRADEWINDS SUBDIVISION PHASE 1 N W N O- A o D v, m M O 00 up w O D p m T 1 `°.w., " l��l L� NW 1/4 OF NW 1/4 OF S 29 ..r.:,..,J 4 r v O p m N ZZ O T3 N, R1E, BM, CITY OF MERIDIAN JO "' N A ADA COUNTY RECORDER Christopher D. Rich 2014-068085 BOISE IDAHO Pgs=5 BONNIE 08/21/2014 01:59 PM MERIDIAN CITY NO FEE III 1111111 11 11 111111 11111 III III 111 111111 111111 III 00013731201400680850050050 WATER MAIN EASEMENT THIS INDENTURE,made this 3 L day of July,2014,between SDN,LLC,the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County,Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement 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, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their si_na / es the day and year first herein above written. 1 GRAN, • ' 1 .-.......,..._____ Don Newell, Member SDN, LLC 607 Sherington Drive Eagle, ID 83616 STATE OF IDAHO ) : ss. Countyof Ada ) On this 3( day of July,2014,before me,the undersigned,a Notary Public in and for said State, personally Don Newell, known or identified to me to a Member of the LLC that executed the within instrument,and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. ,. �00-11, A1.44 % (SEAL) 41:0 \11:% NO ARY P 'BLIC FOR IDAHO tyOT44), % Residing at: m-i (p •... Commission Expires: 9-'91).1'5 t\zPui3Lic _s)1 OF t ..• Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN d4 T. .e Weerd, Mayor cP # *q_u AtfaKS2 O0 City 8t , I�� OWE JD IAN�ltigiki _ it. a IDAHO Atte ay 'ayce: L. �.lman, City Clerk SEAL Approved By City Council On: - / 1 I\ L\ STATE OF IDAHO, ) : ss County of Ada p� ) On this \ day of A7 c -- ,20 1\ ,before me,the undersigned,a Notary Public in and for said State,personally appeared Tammy de Weerd and ,Jao-1 known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, '-'oln2S 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. kiCA-7,c-e'lt../ 1' 0 ..k. (S �....01.%... NOTARY PUBLICFO' DAHO 0 �•QOTAti`;0 Residing at:/(( -7�,, • : Commission Expires: x/3/1/ 0 • • • • • • • - LIC. 0. 3 0,0 •••f•• ,�unerg •, Water Main Easement EASMT WAT 11-15-13.doc , km ENGINEERING 9233 WEST STATE STREET I BOISE, ID 83714 I 208.639.6939 I FAX 208.639.6930 July 31, 2014 Project No.: 12-072 EXHIBIT A LEGAL DESCRIPTION FOR WATER EASEMENT An easement for the purpose of access and maintenance of a water main situated in a portion of Lot 2, Block 1 of Tradewinds Subdivision Phase 1 and a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29,thence along the northerly line of said Section 29,S89°34'31"E a distance of 390.22 feet to a point,from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said northerly line,S00°14'19"W a distance of 43.50 feet to a point on the southerly right-of-way line of East Victory Road and marking the POINT OF BEGINNING; Thence S00°14'19"W a distance of 123.50 feet to a 5/8-inch rebar marking the northwest corner of said Lot 2, Block 1; Thence following the northerly line of said Lot 2, Block 1,589°34'31"E a distance of 9.00 feet to a point; Thence leaving said northerly line,S00°14'19"W a distance of 15.70 feet to a point on the northerly right-of-way line of E. Fathom Drive; Thence following said northerly right-of-way line, N89°45'43"W a distance of 20.00 feet to a point; Thence leaving said northerly right-of-way line, N00°14'19"E a distance of 138.95 feet to a point on the southerly right-of-way line of East Victory Road; Thence following said southerly right-of-way line, N88°48'22"E a distance of 11.00 feet to the POINT OF BEGINNING. Said parcel contains 1,671 square feet, more or less,and is subject to all existing easements and/or right-of-way of record or implied. �p4AL SND Attached hereto is Exhibit B and by this reference is made a part hereof. S�i,Cs1 � �t,_ a ,112459 Q•-..e.o //' L. BALD' "7 - ?al ZU► ENGINEERS I SURVEYORS I PLANNERS www.kmengllp.com E. Victory Rd. 20 _ _S89'34'31"EA 2680.68' — _ 20-IS 30 29 POINT OF 390.22' 2290.46' 29 COMMENCEMENT _____ NW CORNER S00'14'19"W SECTION 29 25.00' SO0'14'19"W N88'48'22"E 18.50' 11.00' I — — A A 1 I POINT OF I I BEGINNING PROPOSED 11' 120' WATER EASEMENT �T in M a I N I EXISTING 9' WATER Proposed °9° EASEMENT PER INST. No. 113113730 Tradewinds CD Subdivision Unplatted Phase 2 q o oO i' Z Lot 2, Block 1 0 . S89'34'31"E 9.00' Tradewinds `'� soo�'4' "�Subdivision I'--15.70' Phase 1 -R/W R/W A A R/W R/W- N89'45'43"W 20.00' E. Fathom Street V U a O N O U U 0 20 40 80 120 LEGEND 0 SECTION CORNER Plan Scale 5/8—INCH REBAR A CALCULATED POINT R/W RIGHT—OF—WAY LINE Z 0 a — — PARCEL BOUNDARY a 3 — — ADJACENT BOUNDARY Z PROPOSED EASEMENT LINE w — — — — — — EXISTING EASEMENT LINE w ENGINEERING — — — _ --SECTION LINE I- ENGINEERS.SURVEYORS.PLANNERS w W WATER MAIN 9233 WEST STATE STREET ^oN BOISE,IDAHO 83714 PHONE(208)639-6939 FAX(208)639-6930 EXHIBIT B L; DATE: 7-31-2014 VICTORY ROAD AND LOCUST GROVE, MERIDIAN, ID PROJECT: 12-072 u SHEET: WATER EASEMENT 1 OF 1 SW 1/4 OF SW 1/4 SECTION 29, T3N, R1E, BM, CITY OF MERIDIAN L dem �'� 4 - d 8- 00, 30L /o. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 1, 2014 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 33 SINGLE- ) CASE NO. FP-14-028 FAMILY RESIDENTIAL LOTS ) AND 9 COMMON LOTS ON 11.23 ) ORDER OF CONDITIONAL ACRES OF LAND IN THE R-4 ) APPROVAL OF FINAL PLAT ZONING DISTRICT FOR OAKS ) SOUTH SUBDIVISION NO.2 ) ) BY: COLEMAN HOMES, LLC ) APPLICANT ) ) ) This matter coming before the City Council on July 1, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat,the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING OAK SOUTH SUBDIVISION NO. 2, LOCATED IN THE N '4 OF SECTION 33, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 06/05/14, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning Division and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO.2 (FP-14-028) Page 1 of 3 Development Services Division of the Community Development Department dated July 1, 2014, a true and correct copy of which is attached hereto marked "Exhibit A"and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 2 (FP-14-028) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the ( "1 +P^ r/ day of ) , 2014. By: Tammy de Weerd oV-AZED.. ;tis? Mayor, City of Meridian Attest: 4 y - AGO 9°a 40 , City Ot • pIAN LAIAINIE • IHO Jaycee Ho � DA SEAL ti`' City erk 'f In, IAE Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Byi Dated: g O/ OI Li �J ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 2 (FP-14-028) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: July 1, 2014c:::::'2ci1i: TO: Mayor and City Council �P FROM: Bill Parsons,Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-14-028—Oaks South No. 2 I. APPLICATION SUMMARY The applicant has applied for final plat (FP) approval for thirty-three (33) single-family residential building lots and nine (9) common lots on approximately 11.23 acres of land in the R-4 zoning district. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Oaks South Subdivision No. 2 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III.PROPOSED MOTION Approval I move to approve File Number FP-14-028 as presented in the staff report for the hearing date of July 1,2014,with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-14-028, as presented during the hearing on July 1, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-14-028 to the hearing date of(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: (Parcel #'s: S0433120750 and S0433212400) The site is located on the south side of W. McMillan Road between N. McDermott Road and N. Black Cat Road in the N '/2 of Section 33, Township 4N, Range 1W. B. Applicant/Owner: Coleman Homes, LLC 1859 S. Topaz Way, Ste. 200 Meridian, Idaho 83642 Oaks South Subdivision No.2 FP-14-028 PAGE 1 EXHIBIT A C. Representative: Becky McKay,Engineering Solutions,LLP 1029 N. Rosario Street, Ste. 100 Meridian,Idaho 83642 V. STAFF ANALYSIS The proposed final plat depicts thirty-three (33) single-family residential building lots and nine (9) common lots on 11.23 acres of land in the R-4 zoning district. The average lot size for the residential portion of the development is 10,558 square feet. The gross density of the development is 3.03 dwelling units per acre with a net density of 3.72 dwelling units per acre. The proposed open space for the second phase consists of 8-foot wide parkways, passive open space and two (2) micropaths. The common open space proposed for the development is 0.91 acres which totals approximately 8.1% with the second phase of development. The open space complies with the overall open space approved with the Oaks South development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(PP-13-013). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of qualified open space number is consistent with the approved landscape plan, staff deems the final plat to be in substantial compliance as required by UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Oaks South annexation(AZ-13-008); preliminary plat(PP-13-013)and recorded development agreement(DA#114030972). 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the City Engineer's signature on a previous final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Solutions,LLP, stamped on June 5,2014,by Clinton W. Hansen, shall be revised as follows: a. Note#10: Remove instrument#109009629 and insert instrument#114030972. b. Note#12: Insert recorded instrument numbers. 5. The landscape plan prepared by Jensen Belts Associates,dated 06/02/14, is approved as submitted. 6. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. The applicant shall comply with the submitted home elevations approved with the preliminary plat. Oaks South Subdivision No.2 FP-14-028 PAGE 2 EXHIBIT A 10. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster,Kimberly Cutler,at 887-1620 for more information. 12. This proposed development is currently not serviceable by existing sewer mains intended to provide service to the area;however the developer has proposed an acceptable alternative by providing service by installing a temporary lift station. The site of the temporary lift station will be large enough to accommodate a regional lift station in the future when the City decides to budget for and construct the regional lift station. The temporary lift station is not intended to be a throwaway cost as many of the components are reusable. The applicant shall be responsible for all costs associated with designing and construction of the required interim lift station and pressure sewer line. The stations design and capacity shall be coordinated with the Public Works Department;the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system.At completion of construction,the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. The approval to except discharge must be approved by the Meridian Public Works Director. The lift station shall pump wastewater from the Oaks temporarily to the city's North Black Cat Lift Station through an 8-inch pressure main until such time that the North Black Cat Lift Station reaches the capacity that is required to switch from the 8-inch pressure sewer the North Black Cat Lift Station currently utilizes to a larger pressure sewer from the North Black Cat Lift Station to the WWTP. At this time the Oaks Lift Station will transition to utilizing the 8-inch pressure main currently used by the North Black Cat Lift Station and will pump all of the way from the Oaks to the WWTP through an 8-inch pressure sewer. The temporary lift station at the Oaks needs to be designed to accommodate this transition(pumps should be sized for both scenarios or other accommodations need to be made at the lift station.) Optionally,the Oaks could choose to build a force main all the way to the plant instead of temporarily pumping to the North Black Cat Lift Station. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department.Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. 13. Also,the city is in the process of analyzing the need for a regional lift station at the temporary lift station site. This analysis has not been completed and the regional lift station is not currently in the 5-year CIP. 14. Water service to this site is being proposed via extension of mains in N Black Cat Road, McDermott Road,and McMillan Road. The applicant shall be responsible for the installation of water mains to and through this development per the City of Meridian's water master plan. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12-inch diameter main near the Ten Mile&McMillan intersection. This connection will need to be installed with phase one of the applicant's plan,and may be eligible for partial reimbursement. If the 12-inch water main from Ten Mile&McMillan is installed by another developer prior to phase one construction,the applicant will not be responsible to participate in construction of the required main extension. 15. The City of Meridian's water master plan calls for an additional municipal well in this area,and the applicant is currently working with the Public Works Department to establish a site for a new municipal well. The timing of the construction of the municipal well can take as much as three- years. Because of the complex nature of water delivery in this area,each phase of the Oaks South Subdivision No.2 FP-14-028 PAGE 3 EXHIBIT A development will require modeling analysis. Results of this modeling may necessitate additional water main connections to ensure fire flow needs are met. VII. GENERAL REQUIREMENTS 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code,the applicant shall be responsible to install sewer and water mains to and through this development. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 4. Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 5. All irrigation ditches, laterals or canals,exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district,or lateral users association (ditch owners),with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained,alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 7. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 8. Street signs are to be in place,water and sewer system shall be approved and activated,fencing installed,drainage lots constructed,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 9. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 10. All development improvements, including but not limited to sewer,water, fencing,micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. Oaks South Subdivision No.2 FP-14-028 PAGE 4 EXHIBIT A 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 17. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 19. 100 Watt and 250 Watt,high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. Street lighting is required at intersections, corners,cul-de-sacs,and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 20. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Please contact Land Development Service for more information at 887-2211. 21. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 22. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Oaks South Subdivision No.2 FP-14-028 PAGE 5 EXHIBIT A 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. VIII.EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat(PP-13-013) C. Proposed Final Plat(stamped/dated: 06/05/14) D. Proposed Landscape Plan(dated: 06/02/14) Oaks South Subdivision No.2 FP-14-028 PAGE 6 EXHIBIT A Exhibit A—Vicinity Map 0 O Ce F.-- < '<C U (.,) McMILLAN ROAD a 1 i 1 1 I mi , , ' 4 01]._ '?.-____J_-_, ___ ,.,--,1 5 j, d/I111' SITE "n-1 _ 1R 1 _[__. _____________ _ THE OAKS SOUTH SUBDIVISION NO. 2 VICINITY MAP — 1"=600' LOCATED IN SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M. MERIDIAN, ADA COUNTY, IDAHO Oaks South Subdivision No.2 FP-14-028 PAGE 7 EXHIBIT A Exhibit B-Approved Preliminary Plat(PP-13-013) I 1 ( I 0 r I 1 ,....,,,........., - ' 4 _Nrif ,E thi n ,! . . 4 i . ___ 14 , !t •-•-gal,,NIMI; km, .,...7-..„ ;1 t' ,. min Ism D -------- ----_____ -- - -----------_-, 1..____ IAA .111 lg. ..'1 r.......er,....-mut,...r... tit . ...,.., n-8 O.I' '":2:...7-'. &..-tr.'74 I e 4477.74---- _..--- 4 \ - ,7€7.1-7.4.7-Mt t.w.r-Wee_qkilla- :'a...TM:MI..'1p:,.51=2............... .-----........ ---.., , f ..., .t......,...„ ....:..L1",-,.... ---....... ....1:= I . 14/!---. -- •• ••:,........."-v-er•-•••••"- ......”-. .--.... Li,i 1,4 , , I -, 1111-11 1 ga i a ----......... 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Ili .. . , . . ,,,.., , 1 i i 1 . _ . --_, E 1 f war. i i iiir 1' i I 11.1: I 2. a tl 41:11A,„:„ ,... f 21i:41 1.114 It -4-4,-;;;,..,.. -. ___ , , _:„.A.E., j i • i . . 1 / Nia i a i ii i4coii i .1,j..,t.... .i....., ... .., R 1 7' Ina 2 CI I PRE Oaks South Subdivision No.2 FP-14-028 PAGE 8 EXHIBIT A Exhibit C-Proposed Final Plat(dated: 06/05/14) PLAT SHONANC TWO OA= SOUVIS 111172DIVIMIZON NO. 2 LOCATED IN THE N Xe OF SECTION 33,TAN.,0.1W.,B.M. 4f MERIDIAN,ADA COUNTY.IDAHO >9 ado a�#a c.oa 20143. -322t3- 3 _ _...-_ _ - _.�. -.- - _..__ _ _ _. _ -. _._ - -..__ a mauw«aa Wide' N n P a, m0 a as Ton '1 4. i. '•.-., x 71E OAKS 501.75 5480.NO.1 i • S 4.111.05"E 8001(_,VIYiE- II 3015'32'E ¢n 71.7V 31LS f t "E J 3 .y 11.N'S wools"E : aa+. S?J s �• is E ' S �atc KSt 36 C i.L\ •c 5 071"37•E � :. B B7Sf23'E 01.15 S...7::: t�.II n 1::: :,./;:. t. ynar it 4.r t= .. .6,20, 54. Q� 3 A N 8 n � w t maw aa. 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War O. a00 a1.12044.r0.01116 8110.4 n 026 m-rl0& m«.ac..%.01000m,w°M°ow«-. ....---VW aa2 0122.0. 12'« 0,000 f.20011.00.1.020. 4.02 0000.0 0.0 auuwu«a mw..ae.a«mwa.wa a.ee;wue.Ima.araw.amu ammo KEW 0.1(5 lit 0a0 aria,Kama at tow a,am. 02'9. 000«0.1.x.100 Oa 13 0 aEroOu«.0 u0x4.12«aa.e=0==,0va. oaa, ‘1. ,1 1 viz.,i..4.3 IL w .r-. $11‘1142r6 Oaks South Subdivision No.2 FP-14-028 PAGE 9 EXHIBIT A Exhibit D—Proposed Landscape Plan (dated: 06/02/14) PL AINT SCHEMA.E ‘ /s ..... ... .- . r TrIPFI". :t:''",.P",""*** 1-`'"' ..L.'"'''' artE410;- ; f.\\,!.7../e,. ..- " ......,....... ..., ,/ . ,0 / ,--. f '0 .,./ z /3 ,,,"\\ L AN"5C Arr CALCUL A TION-7,, .......-- , • , ." \..0.l' ,'',. / ' .........,............. . , ,........... , • AV af. -., . „.......4eNew ... NOTES • -!.."1,t,N-7.11=111=='""''''"'''.4 '''''%Le' dift / '-'------ ' Plli \ ,, \Z:.„, • '. / / , -- 71:7,14VIIMI:1!:ortfitte'r it.. 14: , • ,... , ':'"?• „ ' •-,' '''' / • r_.-4 -airaatz,:tx-milsw.- .--e.k 1 ' - '''... ! I Pr..=`,1r.IT.:'-'""'"•''''''''4.-'..- ' ua t i e kg 0 0 III *-;4.:„:,-.e.::.-.-:....;'-'•':,'...V..-- * 'r' ,,,- 77-'0 --'0 tai ;i • ••:„.--,-,•,,---‘;.':-i!.,......--!. .::,: - -• , ! --0 0„,„ r ---- - -.2 ''''''-'c):''' ( . 1 , „, ' I 1 -., . I • " --i ..• 1,- - -!' • ! I ' 1 I i EYMP I ATi w1 ,.....,..„,5 1 ... . F 1 :•::'' r ,,s_ ' ! ?.,1 I - I i ! I '' i;-•": ly.„C.,,,ivif 1 C. II 1 II 4 4 tiVIIII:r IS I 11 t4 I I .‘'I.I 4',''. ,,,,, I • : , , ,., -,,, ,,. _. • ,7,....„...,0... ,,,,&;:....,:i.4. :,,,,:ii,,.. ..,....,e,,..,,-;,g,7;'.0,(3,•-',•,....a.,..-.7"-a....,,,. .......„,_el, . . - -- 41:104 . - .— ... .. . ..,.... -, . , ._, , - — .-,,2-1 „''../,`/ ---..:--,-:`,., 'W• 7/ 1 '....„ .' ' 'gtwo••••• iI 2.•i, 1 I I , ,. . , i 1111 .' MITA* ' - -1 ! ! _ - -. liTit'Llts-•';' re CI 4i ! ' Escocl!igi PM P i FL ANT SCH EVLI L" _ * S'.1.1444 I-411144 1— 41.4.164.211t---- f 1111111r1111111111111111111111 , ,, • '.1' tt.v...mv.w. „ Nficrr_.u.-%11.-rmaa.....- r'-',;,..;,,T• i -Ve,-•..2A-14, , -, IMIIIIONI II L'Aallti, _ tt _ IM 0 ••••...E.:,........- ,•441 4,4 CO VINYL rfisq,r fl.W.,E / 1141 PlANTRIc,n14-EK, AittiSiav,. ..“--. 4..112. Oaks South Subdivision No.2 FP-14-028 PAGE 10 E'NGINEERING planning and engineering communities for the future 1029 N. Rosario Street, Suite 100 OLUTIONS Meridian, ID 83642 Phone: (208) 938-0980 LLP Fax: (208) 938-0941 E-mail: es-beckym@qwestoffice.net gwestoffice.net June 25, 2014 Mayor and City Council City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Re: The Oaks South Subdivision No. 2 File No. FP-14-028 Dear Mayor and Council: We have reviewed staff comments for the Meridian City Council meeting of July 1, 2014, and have the following responses: VI SITE SPECIFIC CONDITIONS 1. Understood. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. It is noted that the landscape plan prepared by Jensen Belts Associates, dated 06/02/14,is approved as submitted. 6. The applicant will comply. 7. Understood. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. C:\Documents\2013\130702 Oaks South Subdivision No.2.The\RecsResponseCC.doc Mayor and City Council June 25, 2014 Page 2 13. It is understood the City is in the process of analyzing the need for a regional lift station at the temporary lift station site, that the analysis has not been completed and the regional lift station is not currently in the 5-year CIP. 14. The applicant will comply. 15. The applicant will comply. VII. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. Understood. 9. Understood. 10. Understood. 11. The applicant will comply. 12. Understood. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The engineer's street centerline elevation certification was submitted with the final plat application. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The applicant will comply. 21. The applicant will comply. 22. The applicant will comply. 23. The applicant will comply. C:\Documents\2013\130702 Oaks South Subdivision No.2,The\RecsResponseCC.doc Mayor and City Council June 25, 2014 Page 3 We appreciate your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKa Planner BM:ss cc: Coleman Homes LLC C:\Documents12013\130702 Oaks South Subdivision No.2,The\RecsRespouseCC.doc Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES iQone Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: FY2014 AMENDED BUDGET Public Hearing: FY2014 Amended Budget of $91 ,485,197.00 MEETING NOTES 4-ckc.t_t 1 I C,ke_n M& m- APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Special Notice of Public Hearing Amended Budget for Fiscal Year 2014 City of Meridian, Idaho NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for consideration of an amendment to the 2014 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Broadway Avenue, Meridian Idaho, at 6:00 p.m. on Tuesday, August 19, 2014. City of Meridian FY2014 Budget Notice Capital Improvement Fund - 55 FY2014 FY2014 FY2014 Original Budget Amendments Final Budget Revenues Total Revenue $ - $ - $ - Expenditures Operating Administration $ - Fire $ - Police $ - Parks $ - Total Operating $ - $ - $ - Capital Administration $ 0 $ 0 Fire $ - Police $ - Parks $ 800,000 $ 800,000 Total Capital $ - $ 800,000 $ 800,000 Carryforward- Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward- Operating $ - $ - $ - Carryforward -Capital Administration $ 557,378 $ (74,843) $ 482,535 Fire $ - Police $ Parks $ - Carryforward- Capital $ 557,378 $ (74,843) $ 482,535 Total Carryforward $ 557,378 $ (74,843) $ 482,535 Total Expenditures $ 557,378 $ 725,157 $ 1,282,535 Transfers $ $ $ Total Expenditures with Transfers $ 557,378 $ 725,157 $ 1,282,535 (Use)/Addition of Fund Balance $ (557,378) $ (725,157) $ (1,282,535) Enterprise Fund - 60 - 62 FY2014 FY2014 FY2014 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 23,969,758 $ 23,969,758 Other Sources $ 1,355,000 $ 1,355,000 Total Revenue $ 25,324,758 $ - $ 25,324,758 Expenditures Personnel Utility Billing $ 410,262 $ 410,262 Public Works $ 2,392,001 $ 359,531 $ 2,751,532 Water $ 1,490,878 $ 62,875 $ 1,553,753 Wastewater $ 2,329,425 $ 1,665 $ 2,331,090 Total Personnel $ 6,622,566 $ 424,070 $ 7,046,636 Operating Utility Billing $ 421,084 $ (0) $ 421,084 Public Works $ 1,087,559 $ 453,190 $ 1,540,749 Water $ 2,735,564 $ (317,258) $ 2,418,306 Wastewater $ 2,522,950 $ (0) $ 2,522,950 Total Operating $ 6,767,157 $ 135,931 $ 6,903,088 Total Personnel and Operating $ 13,389,723 $ 560,001 $ 13,949,724 Capital Utility Billing $ 710,000 $ 710,000 Public Works $ - $ 45,600 $ 45,600 Water $ 4,260,000 $ 1,144,000 $ 5,404,000 Wastewater $ 11,744,621 $ 165,000 $ 11,909,621 Total Capital $ 16,714,621 $ 1,354,600 $ 18,069,221 Carryforward -Operating Utility Billing $ 110,000 $ (2,265) $ 107,735 Public Works $ 556,179 $ (239,785) $ 316,393 Water $ - Wastewater $ 56,000 $ (1,557) $ 54,443 Total Carryforward- Operating $ 722,179 $ (243,607) $ 478,572 Carryforward- Capital Utility Billing $ - Public Works $ - Water $ 6,150,664 $ (1,016,001) $ 5,134,663 Wastewater $ 5,835,268 $ (2,533,925) $ 3,301,343 Total Carryforward -Capital $ 11,985,932 $ (3,549,926) $ 8,436,005 Total Carryforward $ 12,708,111 $ (3,793,534) $ 8,914,577 Total Expenditures $ 42,812,455 $ (1,878,932) $ 40,933,522 Transfers $ 2,686,536 $ - $ 2,686,536 Total Expenditures with Transfers $ 45,498,991 $ (1,878,932) $ 43,620,058 (Use)/Addition of Fund Balance $ (20,174,233) $ 1,878,932 $ (18,295,300) FY2014 FY2014 FY2014 Original Budget Amendments Final Budget Revenues Total Revenue $ 34,864,085 $ 556,840 $ 35,420,925 Expenditures Personnel Administration $ 4,013,935 $ (6,179) $ 4,007,756 Fire $ 7,920,662 $ - $ 7,920,662 Police $ 10,322,462 $ 170,841 $ 10,493,303 Parks $ 1,788,543 $ 43,766 $ 1,832,309 Community Development $ 1,225,131 $ (6,115) $ 1,219,016 Total Personnel $ 25,270,733 $ 202,313 $ 25,473,046 Operating Administration $ 2,208,880 $ 536,363 $ 2,745,243 Fire $ 1,085,786 $ 36,670 $ 1,122,456 Police $ 1,977,451 $ 387,070 $ 2,364,521 Parks $ 1,535,966 $ 575,707 $ 2,111,673 Community Development $ 1,529,570 $ 112,797 $ 1,642,367 Total Operating $ 8,337,653 $ 1,648,607 $ 9,986,260 Total Personnel and Operating $ 33,608,386 $ 1,850,920 $ 35,459,306 Capital Administration $ 1,596,552 $ 392,132 $ 1,988,684 Fire $ 950,390 $ 54,073 $ 1,004,463 Police $ 2,826,000 $ 482,309 $ 3,308,309 Parks $ 1,310,012 $ 998,327 $ 2,308,339 Community Development $ 31,602 $ - $ 31,602 Total Capital $ 6,714,556 $ 1,926,841 $ 8,641,397 Carryforward- Personnel Administration $ - $ - $ Fire $ - $ - $ - Police $ - $ - $ Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward- Personnel $ - $ - $ - Carryforward-Operating Administration $ 30,244 $ - $ 30,244 Fire $ $ $ Police $ 52,325 $ (26,193) $ 26,132 Parks $ 13,510 $ (3,891) $ 9,619 Community Development $ 65,000 $ - $ 65,000 Total Carryforward-Operating $ 161,079 $ (30,084) $ 130,996 Carryforward- Capital Administration $ 311,459 $ (55,573) $ 255,885 Fire $ 61,500 $ (11,946) $ 49,554 Police $ 2,176,107 $ (39,142) $ 2,136,965 Parks $ 2,883,045 $ (288,008) $ 2,595,037 Community Development $ - $ - $ - Total Carryforward-Capital $ 5,432,110 $ (394,668) $ 5,037,442 Carryforward Administration $ 341,703 $ (55,573) $ 286,129 Fire $ 61,500 $ (11,946) $ 49,554 Police $ 2,228,432 $ (65,334) $ 2,163,097 Parks $ 2,896,555 $ (291,899) $ 2,604,657 Community Development $ 65,000 $ - $ 65,000 Total Carryforward $ 5,593,189 $ (424,752) $ 5,168,437 Total Expenditures $ 45,916,131 $ 3,353,009 $ 49,269,140 Transfers $ (2,686,536) $ - $ (2,686,536) Total Expenditures with Transfers $ 43,229,595 $ 3,353,009 $ 46,582,604 (Use)/Addition of Fund Balance $ (8,365,510) $ (2,796,170) $ (11,161,679) At Budged= II F i :} FY2014 FY2014 FY2014 Original Budget Amendments Final Budget Revenues Total Revenue $ 60,188,843 $ 556,840 $ 60,745,683 Expenditures Total Personnel and Operating $ 46,998,108 $ 2,410,922 $ 49,409,030 Total Capital $ 23,429,177 $ 4,081,441 $ 27,510,618 Total Carryforward $ 18,858,678 $ (4,293,128) $ 14,565,550 Total Expenditures $ 89,285,963 $ 2,199,234 $ 91,485,197 Transfers $ - $ - $ Total Expenditures with Transfers $ 89,285,963 $ 2,199,234 $ 91,485,197 (Use)/Addition of Fund Balance $ (29,097,120) $ (1,642,395) $ (30,739,514) Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 19, 2014 ITEM # 7A PROJECT NUMBER PROJECT NAME FY2014 Amended Budget PLEASE PRINT NAME FOR AGAINST NEUTRAL RECEIVED AUG 19 2014 'I rY OF C-fdPzt. CITY CLERKS OFFICE Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: FY2015 PROPOSED BUDGET Public Hearing: FY2015 Proposed Budget of $93,757,229.00 MEETING NOTES GiCcs Y_ilCE-perkrnAt-ur1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Special Notice of Public Hearing Proposed Budget for Fiscal Year 2015 City of Meridian, Idaho A public hearing, pursuant to Idaho Code 50-1002, will be held for consideration of the proposed budget for the fiscal year from October 1, 2014 to September 30, 2015. The hearing will be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho at 6:00 p.m. on Tuesday,August 19,2014. All interested persons are invited to appear and show cause, if any, why such budget should or should not be adopted. Copies of the proposed City budget in detail are available at the City Hall during regular office hours (8:00 AM to 5:00 PM, weekdays). City Hall is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to the budget documents or to the hearing, please contact the City Clerk Office, 888-4433 at least 48 hours prior to the public hearing. The proposed FY2015 budget is shown below as FY2015 proposed expenditures and revenues. City of Meridian FY2015 Budget Notice Capital Improvement Fund - 55 FY2013 FY2014 FY2015 Actual Original Budget Original Budget Revenues Total Revenue $ 7,324 $ - $ 2,000 Expenditures Operating Administration Fire Police Parks Total Operating $ - $ - $ Capital Administration $ 446,587 Fire Police Parks Total Capital $ 446,587 $ - $ Carryforward-Operating Administration Fire Police Parks Carryforward -Operating $ - $ - $ Carryforward- Capital Administration $ 557,378 $ 482,535 Fire Police Parks $ 800,000 Carryforward- Capital $ - $ 557,378 $ 1,282,535 Total Carryforward $ - $ 557,378 $ 1,282,535 Total Expenditures $ 446,587 $ 557,378 $ 1,282,535 Transfers $ (2,044,914) $ - $ - Total Expenditures with Transfers $ (1,598,327) $ 557,378 $ 1,282,535 (Use)/Addition of Fund Balance $ 1,605,651 $ (557,378) $ (1,280,535) o FY2013 FY2014 FY2015 Actual Original Budget Original Budget Revenues Water/Sewer Sales $ 20,034,999 $ 23,969,758 $ 26,694,886 Other Sources $ 10,026,514 $ 1,355,000 $ 1,499,000 Total Revenue $ 30,061,513 $ 25,324,758 $ 28,193,886 Expenditures Personnel Utility Billing $ 374,093 $ 410,262 $ 419,098 Public Works $ 2,040,601 $ 2,392,001 $ 2,991,047 Water $ 1,183,166 $ 1,490,878 $ 1,645,866 Wastewater $ 1,933,412 $ 2,329,425 $ 2,654,841 Total Personnel $ 5,531,272 $ 6,622,566 $ 7,710,852 Operating Utility Billing $ 355,626 $ 421,084 $ 429,754 Public Works $ 1,092,586 $ 1,087,559 $ 1,474,813 Water $ 3,830,157 $ 2,735,564 $ 2,676,054 Wastewater $ 6,890,329 $ 2,522,950 $ 4,080,927 Total Operating $ 12,168,698 $ 6,767,157 $ 8,661,548 Total Personnel and Operating $ 17,699,970 $ 13,389,723 $ 16,372,400 Capital Utility Billing $ 710,000 $ - Public Works $ - $ 53,000 Water $ 3,461,964 $ 4,260,000 $ 3,694,000 Wastewater $ 7,321,064 $ 11,744,621 $ 7,759,500 Total Capital $ 10,783,029 $ 16,714,621 $ 11,506,500 Carryforward -Operating Utility Billing $ 110,000 $ 80,550 Public Works $ 556,179 $ 467,368 Water $ 274,844 Wastewater $ 56,000 $ 428,264 Total Carryforward-Operating $ - $ 722,179 $ 1,251,026 Carryforward-Capital Utility Billing $ 684,429 Public Works $ Water $ 6,150,664 $ 5,318,718 Wastewater $ 5,835,268 $ 7,397,927 Total Carryforward-Capital $ - $ 11,985,932 $ 13,401,074 Total Carryforward $ - $ 12,708,111 $ 14,652,100 Total Expenditures $ 28,482,998 $ 42,812,455 $ 42,531,000 Transfers $ 1,561,707 $ 2,686,536 $ 2,092,353 Total Expenditures with Transfers $ 30,044,705 $ 45,498,991 $ 44,623,353 (Use)/Addition of Fund Balance $ 16,808 $ (20,174,233) $ (16,429,467) - : ' ice." _.. M r q' .,A4 i °.v , .. `nK r / a FY2013 FY2014 FY2015 Actual Original Budget Original Budget Revenues Total Revenue $ 38,198,330 $ 34,864,085 $ 39,816,632 Expenditures Personnel Administration $ 3,259,105 $ 4,013,935 $ 4,250,010 Fire $ 7,572,960 $ 7,920,662 $ 8,328,122 Police $ 10,030,524 $ 10,322,462 $ 11,591,284 Parks $ 1,566,228 $ 1,788,543 $ 1,938,589 Community Development $ 1,098,252 $ 1,225,131 $ 1,327,061 Total Personnel $ 23,527,069 $ 25,270,733 $ 27,435,066 Operating Administration $ 4,408,791 $ 2,208,880 $ 2,284,536 Fire $ 1,659,100 $ 1,085,786 $ 1,089,802 Police $ 1,545,973 $ 1,977,451 $ 2,127,292 Parks $ 1,308,951 $ 1,535,966 $ 1,511,843 Community Development $ 1,923,203 $ 1,529,570 $ 1,938,708 Total Operating $ 10,846,018 $ 8,337,653 $ 8,952,181 Total Personnel and Operating $ 34,373,087 $ 33,608,386 $ 36,387,247 Capital Administration $ 297,811 $ 1,596,552 $ 366,000 Fire $ 55,553 $ 950,390 $ 491,700 Police $ 321,682 $ 2,826,000 $ 541,337 Parks $ 2,502,264 $ 1,310,012 $ 1,264,925 Community Development $ - $ 31,602 $ - Total Capital $ 3,177,310 $ 6,714,556 $ 2,663,962 Carryforward- Personnel Administration $ - $ - $ - Fire $ - $ $ Police $ - $ $ Parks $ - $ - $ Community Development $ - _ $ - $ - $ Total Carryforward- Personnel $ - Carryforward-Operating Administration $ - $ 30,244 $ 101,625 Fire $ - $ $ 7,000 Police $ - $ 52,325 $ 412,000 Parks $ - $ 13,510 $ 74,931 Community Development $ - $ 65,000 $ Total Carryforward - Operating $ - $ 161,079 $ 595,556 Carryforward- Capital Administration $ - $ 311,459 $ 939,979 Fire $ - $ 61,500 $ 1,117,213 Police $ - $ 2,176,107 $ 4,094,498 Parks $ - $ 2,883,045 $ 4,113,638 Community Development $ - $ - $ 31,602 Total Carryforward -Capital $ - $ 5,432,110 $ 10,296,930 Carryforward Administration $ - $ 341,703 $ 1,041,604 Fire $ - $ 61,500 $ 1,124,213 Police $ - $ 2,228,432 $ 4,506,498 Parks $ - $ 2,896,555 $ 4,188,569 Community Development $ - $ 65,000 $ 31,602 Total Carryforward $ - $ 5,593,189 $ 10,892,486 Total Expenditures $ 37,550,397 $ 45,916,131 $ 49,943,695 Transfers $ 483,207 $ (2,686,536) $ (2,092,354) Total Expenditures with Transfers $ 38,033,604 $ 43,229,595 $ 47,851,341 (Use)/Addition of Fund Balance $ 164,725 $ (8,365,510) $ (8,034,709) FY2013 FY2014 FY2015 Actual Original Budget Original Budget Revenues Total Revenue $ 68,267,167 $ 60,188,843 $ 68,012,518 Expenditures Total Personnel and Operating $ 52,073,057 $ 46,998,108 $ 52,759,647 Total Capital $ 14,406,925 $ 23,429,177 $ 14,170,462 Total Carryforward $ - $ 18,858,678 $ 26,827,121 Total Expenditures $ 66,479,982 $ 89,285,963 $ 93,757,229 Transfers $ - $ $ Total Expenditures with Transfers $ 66,479,982 $ 89,285,963 $ 93,757,229 (Use)/Addition of Fund Balance $ 1,787,185 $ (29,097,120) $ (25,744,711) Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. B. J 24 Description of 2014 Public Facility Activiti& -c°4o Meridian Fitness Path CFj�'ICSOp* Priority: Suitable Living Environment, Public Facility National Objective: Low-Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds (approximately $50,000) will be used by Meridian Elementary School (a public school) to construct a % mile path in the school's west field. The path will be composed of an asphalt surface loop and will have scientifically d esigned stationed-based exercises. The path will also serve as a pedestrian connection between 4th Street and Pine Avenue/NW 1st Street, which is consistent with the City's Master Pathway Plan. Park and recreation facilities scored second highest on the resident survey under the community facilities category, and this project is intended to address this identified community priority and need. (found on page 20) Also see pages 4 and 38 Cf 11/97 / -- ej'i° � � at7/ /- - � - CITY OF MERIDIAN FY2014 Budget Amendments by Fund General Impact Fees/ Enterprise General Fund FY2014 Amendments Fund CIP Fund Public Safety Fund Adjust Planning Dept Operating Expense; $14,797 Ground Reservoir Finance Staff Computer $1,600 $$89,535 New Employee-Management Analyst $89,535 New Copy Machine for Mayor's Dept $24,000 New Employee-Inspector/Surveyor II $94,257 Park Dedication Plaques $15,000 New Employee-Inspector II Land Purchase-Andrew's Property $373,336 $89,54 New Employee-Staff Engineer II $89,544 Parks Work Station $5,607 New Employee-Engineering Tech II $72,762 New Employee-City Picnic $60 New Employee-Water Operator II Park Master Plan $89,$60 CDBG Grant Award Reversal New Employee-City Picnic -$60 $203,885 City-Wide Economic Audit $22,000 Alive at 25 Grant Award $5,328 Backhoe Replacement City-Wide Economic Audit $25,842 $$11,283 Grant Carryfoward Phase 2 Compensation Plan $11,283 $0 Water Quality Trading Program $50,000 Split Corridor Lighting Project $75,000 Waterline Extensions Uniform Patrol Officer $93,068 $ ,000 WWTP Admin and Lab Building $330000,000 Replace Patrol Vehicle $8,853 City Strategic Plan Senior Center Adjustment $29,4 -$16,244 Outside Legal Expenses $19,44444 Fire Department Apparatus Repairs $19,069 Meridian Height Water Meters Fire Department Cardiac Monitors $42,365 $1 ,60 Total Additional Appropriation $1,91414,6011 Police Training Center $831,113 State of the City $5,800 Carryfoward Adjustment Phase 2 Compensation Plan $44,123 -$3,793,534 Fire Station Security Upgrades $11,708 Grant Total Mayors Office-Lobbying $60,000 -$1,878,932 Outside Legal Expenses $78,800 City Strategic Plan Development $26,625 Storey Park Development $459,471 $800,000 $311,717 Comm Dev equity transfer to CIFund -$1,592,539 $1,592,539 Boys/Girls Donation $500,000 Total Additional Appropriation by Fund $1,316,667 $2,392,539 $311,717 Total Additional Appropriation $4,020,923 -$4,029,923 Carryfoward Adjustment -$333,580 -$74,843 -$91,172 Grand Total -$508,595 Original Budge $557,378 $43,229,593 $43,786,971 0.09182921 RECEIVED AUG 19 2014 CITY OF alWEDI^o' CITY CLERKS OFFICE 8/19/2014 City of Meridian FY2015 Total Budget FY2015 City of Meridian Budget $93,757,229 Carry Forward, $26,527,721 Personnel, $3 5,145,914 '.'. Capital, $14,170,462. d WE'RE SUPPOSED TOS IT WAS KING OF HAVE OUR BUDGET ;' YES TT is " WC%Y BECAUSE APPROVED BY TUESDAY 4z I HAVE IT THIS IS THE ONLY BUT THAT'S NOT RIGHT HERE. 1 ONE I BROUGHT TO WRITTEN IN&TONE. 4 1 THE MEETING t City of Meridian General Fund FY2015 Projected Revenue F02015 General Fund Enhancements $39,818,632 by Funding Source$3,166,463 Geoural $1,400,000 Feesiltatsc ,..Interest FrarKMse Fees--.. 4% $1,200,000 arc $1.000.000 ,A Impact Fees 5% $800,000 .. Government $600,000 Revenue Sharing 16% $400,000 Property PIN Development 61% $200,000 ■ xl Se11 es x $0 NIB Admin Fire Parks Police s General Fund it Rural fire District_.Impact Fees w Grant Enterpdee Fund Estimated Fund Balances @ 9/30/2014; Undesignated General Fund=$1,500,000 (+$600,000 extra revenue) Park Impact=$4,100,931 Police Impact=$214,917 Public Safety=$99,204 Capital Improvement=$ 2,043,738 (+$900,000 extra revenue) Fire Impact Fund =$1,200,000 RECEIVED AUG 19 2014 CITY OF CEJ CITY CLERKS OFFICE 8/19/2014 General Fund Budget FY2014/FY2015 r ■ FY2014 Amendments; 1 General Fund-Total Budget History • Appropriation of New $�©� Money=$4,020,923 • Adjustment of Carry 1 $50,000,000 Forward=$(499,595) � • 9%of Original Budget $40,000,040 , W . , , Carry Forward $30,000,000 Transfers • FY2015 Budget Change from Final FY2014 Budget $20,o00,000 ■capital • Personnel +8% $10,000,000 "Operating • Operating (10%) ■Personnel • Capital (72%) $0 • Carry Forward+115% FY2015 FY2014 FY2013 FY2012 FY2011 410,000,000 Budget Final Final Final Final • Total Budget Change from Request Budget Budget Budget Budget Final FY2014 to FY2015=3% or$1,268,736 General Fund FY2015Budget by Department • Public safety makes up 62%,$30 $49,133,876 million dollars,of the total FY2015 Admm budget. Property tax revenue will be mu 13% $24 million dollars,a difference of $6 vfop million. Growth from property tax Parks % 20% does not does not"pay" the cost of public safety. $23.5 million of the$30 million is in personnel and operating cost. • The Meridian Rural Fire District will pay 13%of the Rural Department budget. As recently as FY2013 they • The Parks and Recreation FY2015 budget contributed 20%. is 20%personnel and operating and 64% capital and carry forward capital. The • capital and carry forward totals. Of the Community Development is a $6.3 million dollars in capital/CF $2.15 combination of Planning,Building,and million dollars is funded by impact fees. Economic Development. Their FY2015 Budget is 40%personnel and 60%operating. Operating varies • The Administration function is made up significantly from year to year as of Finance,IT,Council,Mayor,Legal,HR, development activity goes up and City Clerk,City Hall,Other Government, down since it is largely the cost of (general items that cannot be assigned paying the building inspectors. elsewhere like AIC dues and the arts commission), and street lighting. 2 8/19/2014 FY2015 General Fund Budget Requests ■ General Government - $422,817 FY2015 General Fund Enhancements • City Hall Parking Lot(1/4 paid by $3,166,463 Enterprise Fund) -$320,000 $1,600,000 , • Software Engineer,'''Atime Software Engineer to full-time)split 50/50 with $1400,CM Enterprise Fund)-$89,133 $1,200,000 - • Meridian Road Interchange $1,000,000 Landscaping Project-$486,140 $800,000 • Computer/Software Replacement,all $600000 GF Departments-$218,600 $400,000 --_.- - • Building Official - $92,600 • II $200,000 Parks Enhancementsand -$8Recreation11,643 •Admin Fire Parks Police Creek Neighborhood Park -$200,000 ' Design-Impact Fees-$112,000 $400,000 William Watson Neighborhood Park is Personnel ■On-Going Operating Development-Impact Fees-$500,000 • Pathway Connections-$100,000 One Time Operating■Capital Outlay • Administrative Assistant Recreation Transfers In/Out Programs -$48,411 • Parks Equipment and Vehicle Replacement - $106,925 FY2015 General Fund Budget Request FY2015 General Fund Enhancements Fire Enhancements-$118,145 • Part time Public Education $3,166,463 Specialist-$31,833 $ 000 ,. • Equipment- $59,880 $I • Turnout Washer-$25,710 i $PY0coo •#......................._ _-----__.._-.._ Fire Replacements-$501,175 $1' t= 1-- - • SCBA Air Packs-$380,000 $800,000 -- I • Vehicles/Equip-$121,172 $400,000 • Police Enhancements-$1,327,718 Mom '' • 4.5 Sworn Officers; SRO/DUI/Detective/Special $0 �'"� Projects=$554,655 -$260,000 Admin Fire Parks POW_ • Reset Sworn Officer Step Plan- -$400,000 $593,015 • Body Cameras- $91,000 a Personnel r On-Going Operating One Time Operating■Capital Outlay • Police Replacements- Transfers In/Out Vehicles/Dogs/Equipment-$356,050 3 8/19/2014 FY2015 General Fund Budget Request • FY2005 to FY2013 spent$132.4 • Replenish Capital million dollars on capital Improvement Fund projects. (not including what is budgeted but not spent) — Transfer$430,000 from General Fund Capital Expenditures History General Fund to Capital (FY2005thru FY2O131 Improvement Fund So 00CLINO aa°uowo _,,... '°""'°°° — Mandated Transfer Capital Improvement Transfer—Any SNOW.. ., excess of funds at the end ago of FY2015 representing , difference between ^ ^� - development revenue and development operating • , ., .� ., costs nttORM,TO SC:s.[F W URtAS THE AIS, ILLCUT SONS(0O01015, I CUT 10041 SLCSET 140 OF CUTTING 01080(5'5 WITH ANY xUCK,WE'LL WORLO WILL 8$20(11"0 PROSECT 15 ".:.A FLING TOE LOCUSTS ITOP 5AI NNING ANL PLAGUE 0f;'a51'5 INTO SPACE 4)E,BE FLV06 1NT0 0F T4E LAND l0CU STS S PACEREAL lGPOU iii City of Meridian FY2015 Enterprise Fund Revenue Budget $28,193,886 Interest Misc Fees 1% 4/ Sewer Connections 12% Water Usage Sates water 28% Connections SewerUsage Li Sates 48% • Also using Fund Balance in FY2015- $1,777,367 • Estimated 9/30/2014 Fund Balance - $26,278,960—will add an extra$2.2 to$2.5 million in above budget assessment revenue which includes $780,000 from Meridian Height annexation. • The additional Meridian Heights revenue is off-set by additional costs. 4 8/19/2014 F12015 Enterprise Fund Budget by Category Total-$44,623,353 • Change from Original FY2014 Transfer:In Budget 5% • Personnel+16% `"t .r, iPersonnel Carry 17 • Operating +28% k Forward • Capital (31%) 33% ^Operating 19% • FY2014 Amendments • Personnel-$424,070 Capital zbi • Operating-$135,931 • Capital-$1,354,600 • Carry Forward reduced FY2015 Enterprise Fund Budget by Function $3,793,534(finished by end of us/mow FY2013) • Change from Final FY2014 Budget Szo oaa,oao Transfer • Personnel 9% $15,000000 ■carry • Operating 25% , forward 510,000,000 c 'capital Capital (36%) a, • Total Budget Change from 55.000.000 *° ° •Personnel FY2014 to FY2015—2% so 1121111 a Utility Public Water WWTP Billing Works FY2015 Enterprise Fund Personnel and Operating Budget $18,464,753 ................... Enterprise Fund Personnel and Operating Budget • New Employees— 9-$598,022 History $ '000'000 • Asset Management Analyst—Public $16000,003 Works $14,000,000 .. $12,oga,00e ! • Lead Operator—Water $10,000,000 !.. .. $B,000000 :- • Laboratory Analyst Ill-WWTP appoloag 56,000,000 •Punned • Laboratory Analyst I—WWTP $4,00a,000 $2,000,000 • Operator II—WWTP so FY2015 FY2014 FY2013 FY2012 FY2011 • Operator I—WWTP Budget Final Final Final Final Rquest Budget Budget Budget Budget • CCTV Van Operator—WWTP • On-going Personnel/Operating • CCTV Van Operator—WWTP Increase-$832,189 • On-Time Operating-$2,430,374 • QAQC Coordinator-WWTP 5 8/19/2014 FY2015 Enterprise Fund Capital and Carry-forward Budget $26,158,600 Enterprise •Fund Capital Budget History • Vehicle/Equip/Computer Replacement-$169,058 1 S30,000,000 yn • Water Supply Lines/Wells- $25,o-oo,0a0 n 1 .. ,, $2,855,000 $z0,0430,000 k� • Water Supply Slspo,a«t Upgrades/Improvements - $10050,000 r _ _:Carry Fonward $897,800 • 1.k, Capital i $s,oao.ass ' 1 e 11 • Wastewater Regulatory kit '� .< Requirements/Studies- SB tkf t $1,225,000 FY2015 FY2014 FY2013 FY2012 FY2011 Budget Final Final Final Final Rquest Budget Budget Budget Budget • Sewer Lines-$1,300,000 I • Wastewater Treatment Plant • New Capital-$11,506,500 Upgrades/Improvements - • Carry Forward-$14,652,100 $6,116,850 • Five Year Capital Request-$61.2 Million • Next Steps; • Council sets budget number • Budget Analyst/Legal prepare budget ordinance for 8/26/2014 Council to approve • 8/29/2014 Final budget forms are prepared and given to City Clerk • 9/4/2014—LAST day to provide County with budget certification forms. 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CW1 %'' VNj 3 W 01 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 19, 2014 ITEM # 7B PROJECT NUMBER PROJECT NAME FY2015 Proposed Budget PLEASE PRINT NAME FOR AGAINST NEUTRAL ; tA v\_9 S tLtLn AcLb,4r - K RECEIVED AUG 1 9 2014 CITY OF aVE Cm(CLERKS OFFICE Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: PROPOSED ADDITION TO FEE SCHEDULE OF CD AND PLANNING Public Hearing: Proposed Addition to Fee Schedule of the Community Development Department MEETING NOTES L•.)cas Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereby given pursuant to the laws of the State of Idaho that the City Council of the City of Meridian will hold public hearings at 6:00 p.m. on Tuesday, August 19, 2014, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding updates to fee schedules of the Meridian Parks and Recreation Department and Community Development Department; new and increased fees are set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Parks & Recreation Department Ballet 1 $33.00- $63.00 Ballet 2 $33.00- $63.00 Beginner Mobile App Design for Youth $115.00 Cheerleading $35.00 Dance Fusion $33.00- $63.00 Hip Hop $26.00 - $49.00 Marble Roller Coasters $50.00 Pre–Ballet $35.00- $65.00 Tumble and Twist $32.00 Community Development Department–Planning Division Re-notice of a public hearing $183.00 DATED this 1st day of August, 2014. 141) cnya ice —� 1_ �4.ERIDIAI \IOANO JACY J N ', DEPUTY %Y CSLEVRK,� PUBLISH on August 4,2014 and August 11,2014. Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. I L_l ✓ ICC : A Resolution Adopting the Fee Schedule of the Community Development Department, Planning Division MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN RESOLUTION NO. 1 y - 1 003 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM,ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION; AUTHORIZING THE PLANNING DVISION TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on August 19, 2014, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the City of Meridian Community Development Department, Planning Division, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Community Development Department, Planning Division; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Fee Schedule of the City of Meridian Community Development Department, Planning Division, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City of Meridian Community Development Department, Planning Division is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 19th day of August, 2014. APPROVED by the Mayor of the City of Meridian, Idaho,this 19th day of August, 2014. CITY OF MERIDIAN: Attest: o�Qo 4° n ucUsr�llep city of ,.GGA ,�i �. TDI Tammy de Weerd, Mayor Jay -e o 13n, City Cle SEAL TFRo the Tlit0 ADOPTION OF FEE SCHEDULE OF COMMUNITY DEVELOPMENT DEPARTMENT,PLANNING DIVISION—PAGE 1 OF 1 Exhibit A FEE SCHEDULE OF THE CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT,PLANNING DIVISION Accessory use for daycare or home occupation $160 Additional hearing(post reconsideration) $692 Alternative compliance $160 Annexation/rezone $1,826 Annexation/rezone w/out concurrent application $2,092 Annexation, staff prepared consensual $2,086 Certificate of zoning compliance $453 Certificate of zoning compliance w/prior approval $173 CZC verification(change in use for a TI where there is an existing CZC $53 and no exterior alterations or site modifications) City Council review(appeal) $692 Comprehensive plan map amendment $2,409 Comprehensive plan text amendment $1,431 Conditional use(or Commission level modification) $1,369 Conditional use minor modification $378 Director determination $213 Design review $173 Development agreement $303 Development agreement modification $502 Inspections, additional $53 Miscellaneous hearing item $937 Planned unit development $2,001 Planned unit development,per exception fee $107 Planned unit development,Fire Department Review fees $250+$1 per lot Plat,preliminary/fmal(combined) $2,189 Plat,final $1,242 Plat,final per lot Planning and Public Works fee $36 Plat,final,modification $541 Plat,preliminary $2,104 Plat,preliminary per lot Planning and Public Works fee $24 Plat,preliminary,Fire Department review fee $160+$1 per lot Plat, short $868 Private street $198 Property boundary adjustment $365 Re-notice of a public hearing $183 Sign $53 Sign, limited duration $27 Surety fee $133 Time extension,Commission or Council $493 Time extension,Director $133 Unified development code text amendment $1,723 Vacations(including recorded plat notes) $589 Variance $1,056 Zoning verification letter $53 ADOPTION OF FEE SCHEDULE OF COMMUNITY DEVELOPMENT DEPARTMENT,PLANNING DIVISION-PAGE 2 OF 2 Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: PROPOSED FALL 2014 FEE SCHEDULE PARKS Public Hearing: Proposed Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department MEETING NOTES c\L Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. I LI J I C(3 t1 : A Resolution Adopting the Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date MEETING NOTES g Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN RESOLUTION NO. 1 � OC7 `1 BY THE CITY COUNCIL: BIRD,BORTON, CAVENER,MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on August 19th, 2014, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing,the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of August, 2014. APPROVED by the Mayor of the City of Meridian, Idaho,this 19th day of August, 2014. APPROVED: iL ��yp,T�bAU� T .`'Gose °s; Tammy d6 Weerd, Mayor p City of ATTEST: (-�l�l ET TDIAN IDAHO •EAL --14- II a City!P" f,P r,4e TRiks, ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A Exhibit A Parks & Recreation Department Ballet 1 $33.00 - $63.00 Ballet 2 $33.00 - $63.00 Beginner Mobile App Design for Youth $115.00 Cheerleading $35.00 Dance Fusion $33.00 - $63.00 Hip Hop $26.00 - $49.00 Marble Roller Coasters $50.00 Pre—Ballet $35.00 - $65.00 Tumble and Twist $32.00 Yoga—Restorative and Guided Meditation $33.00 - $63.00 ADA COUNTY RECORDER Christopher D. Rich 2014-068084 BOISE IDAHO Pgs=32 BONNIE 08/2112014 01:59 PM MERIDIAN CITY NO FEE 111 1111 111 11 111 1111111111 I II 1 1 1 II 1 11111 11111 III 00013730201400680840320326 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald W.Van Auker, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement),is made and entered into this 9 day of Qty q , 2014,by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY, and Ronald W. Van Auker, whose address is 3084 E.Lanark Street,Meridian,ID 83642,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner,which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,I.C. §67-6511A,Idaho Code,provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a rezone of 6.54 acres of land from the C-G(General Retail&Service Commercial) zoning district to the I-L (Light Industrial) zoning district;and 1.12 acres of land from the I-L district to the C-G district, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning &Zoning Commission DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 1 OF 10 and before the Meridian City Council,as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS,record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council on the the 27th day of April, 2010, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full,hereinafter referred to as(the Findings); and 1.8 WHEREAS,the Findings requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2002,Resolution No.02-382,and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT-SEYAM SUBDNISION(RZ 09-005) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho,organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ronald W. Van Auker,whose address is 3084 E.Lanark Street,Meridian,ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be rezone of 6.54 acres of land from the C-G(General Retail&Service Commercial)zoning district to the I-L (Light Industrial) zoning district; and 1.12 acres of land from the I-L district to the C-G district, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B and § 11-2C. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Comply with all provisions of 11-3A-3 with regard to access to streets. b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of a building permit application for any and all structures on this site. DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 3 OF 10 c. The facades of structures and portions of the site directly adjacent to Franklin Road&the future extension of Touchmark Way shall develop in accord with the guidelines contained in the City's Design Manual for commercial developments, rather than industrial developments,because of their location adjacent to an entryway corridor (Franklin Road). (These properties are depicted on the approved final plat as Lots 2 and 3,Block 1.)The facades and portions of the site not directly adjacent to Touchmark or Franklin may develop in accord with the guidelines contained in the Design Manual for industrial developments. d. No outdoor storage of materials, equipment, inventory, and/or supplies, or loading docks shall be located between the facades of the structures adjacent to Franklin Road & the future extension of Touchmark Way. All permitted outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. e. The property owner shall sign the development agreement and return such to the City within one year of the Council granting this rezone request as set forth in UDC 11-5B-3D2. f. Comply with all bulk,use,and development standards of the applicable district listed in UDC Chapter 2 District regulations. g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. h. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. i. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated,and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors,assigns,to comply with Section 5 entitled"Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective,and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 4 OF 10 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement,Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 5 OF 10 to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors,assigns,or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall,following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants,agreements,conditions, and obligations contained herein. DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 6 OF 10 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement,the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty(30)day period,if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements,which the Owner/Developer agrees to provide,if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed,unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed;and in any event,no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law,this Development Agreement,and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 7 OF 10 CITY: OWNER/DEVELOPER: City Clerk Ronald Van Auker City of Meridian 3084 E. Lanark 33 E. Broadway Ave. Meridian,ID 83642 Meridian,ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian,ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 8 OF 10 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding,either oral or written,express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the par•.-s h. -; herein executed this agre; ent and made it effective as hereinabove provide ......ii, . A?, , /6 , M ,„....-- /onald Van Auker CITY OF MERIDIAN ASST)A UC;t:5?. �_ eZcidee_e 01 c,ty°t ayor Tammy de Weerd ATTEST:AmidiqpiP4 EIQIAN " Jays e I • man, Ci jerk F' ''t, T6E"So-,,,' DEVELOPMENT AGREEM : •.vet SUBDIVISION(RZ 09-005) PAGE 9 OF 10 STATE OF IDAHO, ) ): ss County of ) On this day of _i i '/ 1 , 2014, before me, the undersigned,a Notary Public in and for said State,1,ersonally appeared Ronald Van Auker, known or identified to me to be the person who executed this agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••••,Ssomata tiEE D (SEAL)` !+ /4°7'44v IV/ A4 's,_ lb•• 'otaty Public for Id. p 14 IP% A&i L t o Residing at: Aid s•,•,y i.e.• t� My Commission Expires: 7-2f-�/t ID Pe. STATE OF IDAHO ) : ss County of Ada ) � � `_ �i On this 1 day of ,2014,before me,a Notary J Ac, o n�s Public,personally appeared Tammy de Weerd and 3aycee L.Holman,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. Mac;a2C-t .•' CHE,�'t• (SEAL) :• , -- ly 0 `,!` ' Notary Public/yr Idah • , 940�t"•• Residing at: ( ( (� is 5 • v�; .4 4: Commission expires: �� 1 -1 • i A1C+' --' • • •. '0AHO •• DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 10 OF 10 SCANNED CITY OF MERIDIAN aVIE IDIAN�- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION & ORDER In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Land Use Designation on 6.54 Acres of Land from Commercial to Industrial, and to Change the Land Use Designation on 1.12 Acres of Land from Industrial to Commercial; and Rezone of 6.54 Acres of Land from the C-G Zoning District to the I-L district, and 1.12 Acres from the I-L District to the C-G District, by Ronald W. Van Auker. Case No(s). CPA-09-007 & RZ-09-005 For the City Council Hearing Date of: April 27,2010, (Findings on the May 11,2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 - 1 - 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the legal description and the provisions of the development agreement included in the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone to I-L and C-G as evidenced by having submitted the legal descriptions and exhibit maps, prepared by Todd R. Waite, dated 12/16/2009, is hereby conditionally approved; and, 2. A Development Agreement (DA) is required with the subject rezone approval. The provisions of the DA are as shown in Exhibit B of the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference. D. Attached: Staff Report for the hearing date of April 27,2010. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 -2- By action of the City Council at its regular meeting held on the 1 day ltv\cn , 2010. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED 11,0,.-- COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED `,_k___- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) c i'rs Mayor 1 Id Attest: 0 •' Jaycee 1 man, City Clerk SEAL Copy served upon Applicant;>T '' . ;..' I)bt.;lr' dlt, Public Works Department and City /,:q,'(1N1'( " Attorney. '' \�� \�• riu,n nils B . 1 /, .aa t %� Dated: 5 - I 1 - Q.010 Cl GO 0 ffilJW CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 -3- STAFF REPORT Hearing Date: April 27,2010 TO: Mayor&City Council A/(1E FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CPA-09-007; RZ-09-005 —Seyam Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald W. Van Auker, has applied for an amendment to the Comprehensive Plan Future Land Use Map(CPA)to change the land use designation on 6.54 acres of land from Commercial to Industrial; and to change the land use designation on 1.12 acres of land from Industrial to Commercial. A Rezone(RZ) is concurrently requested of 6.54 acres of land from the C-G (General Retail & Service Commercial)zoning district to the l-L(Light Industrial)zoning district; and 1.12 acres of land from the I-L district to the C-G district. See Section 10 of the stuff report for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPA& RZ applications with the conditions and Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning& Zoning Commission heard these items on March 4,and 18,2010.At the public hearing on the 18"' they moved to recommend approval of the subject CPA and RZ request. a. Summary of Commission Public Hearing: i. In favor: Brad Miller ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. Concern about the aesthetics of an industrial use/building being located adjacent to Franklin Road,an entryway corridor into the City. Difficulty with applying commercial design standards to an industrial building that isn't really suited as such. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. If it's in the best interest of the City to approve a cha►ge to the future land use map & zoning map that would allow an industrial use(s) to develop on this site adjacent to Franklin Road, an entryway corridor into the City, III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09- 007 & RZ-09-005, as presented in the staff report for the hearing date of April 27,2010 with the following modifications: (Add any proposed modifications.) Seyam Sub CPA RZ PAGE I Denial After considering all staff,applicant and public testimony, I move to deny File Numbers CPA-09-007 & RZ-09-005,as presented during the hearing on April 27 2010, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s)for the denial of the plat.) Continuance I move to continue File Numbers CPA-09-007& RZ-09-005,to the hearing date of(insert continued hearing date here)for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of E. Franklin Road, approximately 1,200 feet east of the Eagle/Franklin intersection, in the southwest 1/4 of Section 9, Township 3 North, Range I East. B. Owner(s): Ronald W. Van Auker 3084 E. Lanark Street Meridian, ID 83642 C. Applicant: Same as owner D. Representative: Matt Munger, Munger Engineering, Inc. 4090 W. State Street, Ste. 29 Boise, ID 83703 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the comprehensive plan future land use map and a rezone. A public hearing is required before the Planning& Zoning Commission and City Council on these matters,consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15, and March 1,2010(Commission); April 5, and 19, 2010(City Council) C. Radius notices mailed to properties within 300 feet on: February 11, 2010(Commission); April 2, 2010(City Council) D. Applicant posted notice on site by: February 23,2010(Commission); April 16, 2010 VI. LAND USE A. Existing Land Use(s)and Zoning: The subject property for the proposed comprehensive plan map amendment and rezone has not yet been developed and is currently vacant. The property is currently zoned I-L and C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Industrial property(multi-tenant warehouse building),zoned I-L 2. East: Rural residential property,zoned RI and RUT in Ada County Seyam Sub CPA RZ_ PAGE 2 3. South: Meadow Lake Village retirement community, zoned L-O 4. West: Commercial property(Ashley Furniture), zoned C-G C. History of Previous Actions: • A preliminary plat(PP-06-055)was approved in 2007 for 8 building lots on 39.28 acres of land. • An 18 month time extension (TE-09-005)was approved on February 4,2009 to obtain the City Engineer's signature on the final plat,to expire on August 6,2010. • A final plat(FP-09-008)was approved on January 26, 2010 for the entire area of the preliminary plat but has not yet been recorded. D. Utilities: 1. Public Works: a. Location of sewer: This site is currently served from mains that are installed in Lanark Lane. b. Location of water: This site is currently served from mains that are installed in Lanark Lane. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS A portion of this site is designated for "Commercial" land uses and the remainder is designated for "Industrial" land uses on the Comprehensive Plan Future Land Use Map. The applicant is proposing to change 6.54 acres of land from the Commercial designation to the Industrial designation, and 1.12 acres of land from the Industrial designation to the Commercial designation. Per Chapter VII of the Comprehensive Plan (page 105), commercial areas are designated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. Per Chapter VII of the Comprehensive Plan (page 106), industrial areas are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): • Chapter VII,Goal III, Objective A,Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be rezoned in the following manner: Seyam Sub CPA RZ PAGE 3 D Sanitary sewer and water service will be extended to the site at the developer's expense. D The subject lands currently lie within the jurisdiction of the Meridian Fire Department. D The subject lands currently lie within the jurisdiction of the Meridian Police Department • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District(ACHD). This service will not change. D The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. D The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal,fee-supported,services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal III,Objective D,Action 5 —Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping will be required to be installed upon development of the property in accord with the standards listed in UDC 11-3B. • Chapter VII,Goal IV,Objective D, Action 2—Restrict curb cuts and access points on collectors and arterial streets. Access to this property from Franklin Road is proposed via the extension of Touchmark Way as approved on the final plat, which is proposed to connect to Lanark to the north of the subject property. Seyam Sub CPA RZ PAGE 4 • Chapter VII, Goal I, Objective E—Establish industrial areas to meet the employment needs of the City of Meridian. A portion of the applicant's request is to amend the future land use neap to include more industrial property within the City. Adding more industrial property should contribute to employment opportunities available within the City. • Chapter VII, Goal I, Objective E, Action 3 — Require industrial areas to create a site design compatible with surrounding uses(e.g. landscape, fences,etc.)and community design criteria. Because the property proposed to he zoned industrial borders Franklin Road, an entryway corridor into the City, staff recommends the design criteria contained in the Design Manual for commercial developments (as opposed to industrial) apply to development of this property on the south& west sides of the property fronting public streets. Staff believes this will result in a more aesthetically pleasing as well as more compatible structure with the commercial property to the west. • Chapter VII, Goal IV, Objective A, Action 2 — Encourage industrial development to locate adjacent to existing industrial uses. Industrial property exists adjacent to the railway corridor at the north boundary of the subject property proposed to be rezoned industrial. • Chapter VII, Goal IV, Objective C, Action 2 — Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties. The property proposed to he rezoned I-L abuts residential property. The UDC (Table 11-2C-3) requires a 25-foot wide landscape buffer adjacent to residential uses. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject site will require approval of a Certificates of Zoning Compliance and Design Review prior to construction. Staff will ensure that future development on this site complies with any and all applicable design and landscaping standards, as provided for through the Unified Development Code and Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site and will still be available upon rezone and development of the site. Seyam Sub CPA RZ PAGE 5 c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial and industrial uses, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. e. Public Services, Facilities,and Utilities City water and sewer service is currently available to the subject property. Public services such as police and fire protection are currently provided to the subject property. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The applicant is proposing a commercial development on the site. Therefore,the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff does not believe that the proposed plan amendment would negatively impact transportation within the City of Meridian in this area if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that the proposed commercial and industrial use of this property will significantly impact or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources,or scenic areas, nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 17 developed City parks totaling approximately 191.58 acres. Two new park facilities totaling approximately 67.5 acres are currently in the design process. The City also maintains several pathways. This site is not formally designated for recreational purposes. I. Land Use The policies of this element are presented in the text of the Comprehensive Plan.The Future Land Use Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and Seyam Sub CPA RZ PAGE 6 industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for development decisions including requests for land use changes. Staff believes the commercial and industrial use and zoning of this site and consistent zoning within the immediate area, along with access to an arterial street, makes this property appropriate for commercial and industrial uses, thus justifying the request for the land use changes. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not violate private property rights. A neighborhood meeting was held on November 25, 2009 of which no neighbors attended. In summary, stafffinds that the development request generally conforms to the stated purpose, intent, and standards of the Commercial and Industrial land use categories within the Comprehensive Plan. Further, staff finds the proposed use of the property should he consistent with existing commercial and industrial uses in the area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district,the scale and mix of allowed commercial uses,and the location of the district proximity to streets and highways. The purpose of the l-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing,and distributing. In accord with the Meridian Comprehensive Plan,the l-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district(UDC 11-2C-1A). B. Schedule of Use: Unified Development Code(UDC)Tables I 1-2B-2 and 11-2C-2 list the permitted, accessory, and conditional uses in the C-G and I-L zoning district. No specific uses are proposed with this application. C. Dimensional Standards: The dimensional standards listed in UDC Tables 11-2B-3 for the C-G district and 11-2C-3 for the I-L zoning district apply to development of this site. D. Landscaping Standards(UDC 11-3B): Landscaping is not required with this application. Seyam Sub CPA RZ PAGE 7 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Parking: Parking is not required with this application. IX.ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. CPA Application: The applicant requests an amendment to the Comprehensive Plan future land use map to change the land use designation on 6.54 acres of land directly adjacent to Franklin Road from commercial to industrial. An amendment is also requested to change 1.12 acres from industrial to commercial, approximately 300 feet north of Franklin Road. Please see Section VII above for the Comprehensive Plan policies, goals, and analysis related to this application. Because the portion of this site proposed for industrial use is located adjacent to an entryway corridor(Franklin Road) into the City, staff is hesitant to support the request because of the general nature of industrial type uses. Typically, structures in industrial areas are less attractive and more utilitarian; have associated outdoor storage areas for materials, equipment, inventory, and/or supplies; and have loading docks for shipping and receiving. Light industry type uses typically consist of manufacturing, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. Because there is industrial property to the north of the subject property adjacent to the railway corridor,expanding the boundary of industrial land in this area makes some sense. However, the primary concern of staff is that the property develops in an attractive manor consistent with the commercial properties to the west and the desired appearance of structures located along entryway corridors into the City. Staff is not opposed to the industrial designation of the property adjacent to Franklin Road provided that the facades and portions of the site directly adjacent to Franklin Road and the future extension of Touchmark Way develop consistent with the guidelines contained in the City's Design Manual for commercial developments, rather than industrial developments, because of their location adjacent to an entryway corridor. Staff believes this will assist in maintaining the design integrity of the entryway corridor, as well as accomplishing the desires of the applicant. Staff has no objections to the request to change the land use designation to commercial for the portion of the property north of Franklin Road. However, the northern lot line shown on the approval final plat for this lot property will need to be shifted accordingly prior to recordation of the plat. 2. RZ Application: The rezone of a portion of the subject property to l-L and a portion to C-G as proposed by the applicant is consistent with the future land use designations proposed with the CPA application. Seyam Sub CPA RZ PAGE 8 As a provision of the rezone, staff is recommending no outdoor storage of materials, equipment, inventory, and/or supplies or loading docks are located between the facades of the structures directly adjacent to Franklin Road &the future extension of Touchmark Way on the property proposed to be zoned I-L. All outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. Additionally, staff recommends that the facades of the structures and portions of the site directly adjacent to Franklin Road and the future extension of Touchmark Way develop consistent with the guidelines contained in the Design Manual for commercial developments rather than industrial developments for the property proposed to be zoned I-L. To ensure the property is developed in a manor consistent with the comprehensive plan and does not negatively impact nearby adjacent properties, staff is recommending the applicant enter into a Development Agreement with the City that requires a written commitment for all future uses, in accord with UDC 11-5B-3D2 and Idaho Code § 65-6711A, that contains the provisions detailed above. If the Commission or Council feel that additional provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. X. EXHIBITS A. Drawings 1. Zoning Map&Aerial Map 2. Comprehensive Plan Future Land Use Map—Adopted& Proposed Land Use Designations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Rezone Legal Description& Exhibit Map D. Required Findings from Unified Development Code Seyam Sub CPA RZ PAGE 9 Exhibit A.l —Vicinity Map t It; f ( ! I JJ. �J i L 1 S i t _ -r - ` `'' I ,, �Ttri '— — 1 { w) fuuriy{`me Can: i ij „- u } ! I — 10\ ECOM19t4ALST uan� \ '`�-.� � ,t I ,, w MDl/fNiTO ST x. . ; iL1 j3 --1 : lirIt �:_L Site ! 1. , V _ r I ( w�' i 1 — _ i f A I III 1 _._ L.Lhi l ii itl_.1_.__.—L.•_..-1 �._..— t l _ I �� �=F i {— — — W'FR INKLIN-RO�r r rr'''t-'„,:: tI f ''''l ! i 11111-- ,--7-,'-'-).'-:-:- i. , ip ., .. , ....,..: N.......„::::„/„_i riii'l i -ti [4,04.4 , f W WEW StflGE , ,\. p �' .. 4 iik �iTMI�N ' .. W i t w t fiER \\\+r, w iItAODotK dt 1 a. (---- i 1 ‘,:,, 9. Exhibit A Exhibit A.2-Comprehensive Plan Future Land Use Map—Adopted& Proposed Land Use Designations ADOPTED ,It:..'"4,`,.:.Y„"i,„.,7,1,.77',,4,•,::0:,:4:1Z.i,4.f:,31;':,'r'':24,_-:°_ ,- -.t ', ,',','..,,'-'.'.f1.:,,'':Fr.,;.'i;:n','-'S.:„i,; t Legend ¢ ��� �, 5,. Commercial ___� �, - 4: 1 r s .�, . General Industrial Office li Mixed Use Regional I I Mixed Use Community ` max z.'� "Iii -"'-'0:-.;:„'..:'1=4:j•":-y4x , 11 C � CO ��.y�/ ii CC III Franklin Road 0 135 270 540 810 1,080 Feet PROPOSED Legend .. .. ,.� Commercial ... General Industrial ® Office 4 i Mixed Use Regional Mixed Use Community 1 R'I d CO 03W - Franklin Road 0 140 280 560 840 1,120 Fee; Exhibit A Exhibit B -Agency and Department Comments On February 3, 2010, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Todd R. Waite, PLS, dated 12/16/09 and submitted with the application (included in Exhibit C), is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Comply with all provisions of 11-3A-3 with regard to access to streets. b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of a building permit application for any and all structures on this site. c. The facades of structures and portions of the site directly adjacent to Franklin Road&the future extension of Touchmark Way shall develop in accord with the guidelines contained in the City's Design Manual for commercial developments, rather than industrial developments, because of their location adjacent to an entryway corridor(Franklin Road). (These properties are depicted on the approved final plat as Lots 2 and 3, Block 1.)The facades and portions of the site not directly adjacent to Touchmark or Franklin may develop in accord with the guidelines contained in the Design Manual for industrial developments. d. No outdoor storage of materials,equipment, inventory, and/or supplies,or loading docks shall be located between the facades of the structures adjacent to Franklin Road&the future extension of Touchmark Way. All permitted outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. e. The property owner shall sign the development agreement and return such to the City within one year of the Council granting this rezone request as set forth in UDC 11-5B-3D2. f. Comply with all bulk, use,and development standards of the applicable district listed in UDC Chapter 2 District regulations. g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 1 l-3B-5J. h. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months after the date of annexation ordinance approval.Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. i. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance Exhibit A approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 2. FIRE DEPARTMENT 2.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 2.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 2.3 All entrances, internal roads, drive aisles,and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 2.4 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 2.5 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1 141 Section 5.2.1 1.1) 2.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet(183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 2.7 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure.Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 2.8 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the Exhibit A property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems.(Remoteness Required) 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT On December 6, 2006,the Ada County Highway District acted on MPP-06-055 for Seyam Subdivision.The conditions and requirements also apply to MCPA-09-007/MRZ-09-005. Exhibit A Exhibit C- Rezone Legal Description& Exhibit Map IIEVI: WiAL. HY OEC 17 US nttIPUBUC ww SDEPT ' WAITE lane surveying, lie state Soret,Ik e,It) rs.i/03i 108.794 6622 Tele. 208.426.8319 Fax C.N.2415 Decernber 16.2009 C:-G TO I-L ZONE DESCRIPTION A parcel of land located in the Southwest 1/4 of Sections 9,T.3N..R.IE..B.M.,Ada County,Idaho,and being more particuiarly described as follows: Commencing at the Southwest corner of said Section 4,from which the South 1t4 corner of said Section teats S 89'11'46"W,2706.25 feet, thence S 89F1 I'4ti"E along we South boundary of said Section 9 and the ctxrerline of Franklin Rd..for a distance of I I07.33 feet(formerly 1107.19 feet); thence continuing S 89'11'46"c;along the South boundary of said Section 9 and the centerline of Franklin Rd.,for a distance of 655.74 feet to the REAL POINT(W BEGINNING, thence leaving.said boundary and centerline N 00'48'14"W for a distance of 245.16 feet to a paint of curve, thence atong the arc of said curve to use nght a distance of 52.36 feet,said curve having a radius of 300.00 feet,a central angle of 10'00'00"and a chord distance of 52.29 fent bearing N 04°11'46'E to a paint of tangent; thence N 09'11'46"E for a distance of 12.09 feet; thence S 89'56'19-E for a distance of 937.34 feat to a point on the East tanindary of said Southwest I/4 of Section 9; thence S 00"39'59"E along said Fast boundary for a distance of 295.00 feet to the centerline of Franklin Rd.and the South boundary of said Section 9; thence S 89°11'46"W Wong the South boundary of said Section 9 and the certerline of Franklin Rd..for a distance of 943.18 feet to the REAL POINT OF'8 LUNG, containing 6.54 acres of land.mote or less. .` t . T Prepared by: Todd R. Waite P.L.S. (a • 9 ♦Ttof01 2tt'raleeis5SeyomSub(2rtiS)� nt ueatsleri ht)U.ItONI:rry ex-I4:08.11V Exhibit A cc BY DEC 17'dam WORKS 01141 C SDI"' WAITS land surveying, llc 400 W,SU.r S,rect, cast:.,Ip ti+7OS 2013./94.6622 Tele. 208 426 R319 t ax P.N.2435 December 16,209 I-L 9'4 CC ZONE DESCRIPTION A parcel of land located in the Southwest 1r4 of Section 9,'t'.3N..R.1 I..,8,141.Ma County,Idaho.and being more particularly described as follows' Commencing at the Southwest confer of said Section 9,from which the South 1/4 corner of said Scetton hears S f19"11'46"W.2706.25 feet. thence S 89°'I1'46"E along the South boundary of said Section 9 and the centerline of Franklin Rd„Cot a distance of 1107.33 feet(formerly 1107.19 feet): thence leaving said boundary and centerline N 06455'12"W Ibr a distance of 64,97 feet to a point on the East Right-of-Way line of N.Uaudians Ave.: thence tx 06'55'12"W along said East Right-of-Way line for a distance of 402.69 feet; thence leaving said Right-uf-Way line N 89.'11'46"E for a distance of 406.71 feet to the REAL POINT OF BEGINNING. thence S 0tT48'14"F.for a distance of 151.23 feet: thence S 89'56'19'F.for a distance of 305.55 feet thence N 09"11'46"F.for a distance of 158.25 feet: thence S 89'11'46"W fur a distance of 332.99 feet to the REAL POINT OF BEGINNING, containing 1.12 acres of land,more or less -, � 's Prepared by: Todd R.Waite P.L.S. tr. tt ' o !•+E Of 0! T.Tiojec 'SeyaraSuh(24.15iUo'.uaia tnlI TO CO-l,()Nl doc-r Exhibit A YN1ON PACIPIC RAILROAD -pRovu REV0;•— BY 11 BEC 17?An N \\\: VA.N N CURVE TA3LE ` M WORKS p Ci1RVE, LENGTH RAOUS DELTA CNOPO WANG ]00.00' a'• •. 'r9 NDe1 r41'f 1 1 _,____---------- 1 - ___ —� -- _ _ _ _ � —. JL , L a ill, L A N f . f- ait 'ta �L, N 8911 48' ES89'1/'48'WNlA _._. 406 7S' cq 33 9' �" 25 y� •'�� axoAr,t � �� �i2.1p9'•e m •'"net .� S8936'19 937.34'k li 4 .... N !.at!.-17 i fro mAYOOC FA/d :///�ry / le • S . M u+l M'c 4 4,4,1.. K i a's�ras 56-.71 _.,». '/ .r . .. ` ' �� w tw�fi N aaeot'w 515.1 •eeslo• 98911'40'W 943.18' 1k•i' FR4NktIN II. zs 4� WA_ ITE 50 200 600 CITY OF MERIDIAN ZONING _ SCALE: 1" Q. 200' EXHIBIT 14nd surveying, 1k THESE DRAMANGS. OR MY PORTION THEREOA', SHAH NOT DE USED ON ANY PROECT OR OTTENSIONE OF TNS LOCATED IN THE SW 114 OF SEC. 9. 4090 w' State street,Boase,Idaho 83703 PROJECT U EKEEPTSURVEYING. 8Y AGREEMENT IN VOWING WITH Walt r 3N., R.1... .B.M,ADA 00, IDAHO 209 947 3830 Tek 209.4-26.8319 Fax UIFIO 9URVE ANG, U C Exhibit A Exhibit D- Required Findings from Unified Development Code 1. Comprehensive Plan Amendment Findings Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an amendment to the Comprehensive Plan,the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed changes to the Future Land Use Map do not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds the proposed land use changes will provide an improved guide to future growth and development in this area of the city. c. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives,and Policies of the Comprehensive Plan(see Section VII for detailed analysis). The Commission believes sufficient provisions have been made to accommodate commercial and industrial development in this area. d.The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds that the future commercial and light industrial uses on this site will be compatible with surrounding(existing and future) uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment(as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds that the proposed map amendment to commercial and industrial will allow for uses on the site that should be compatible with existing and future commercial, industrial, and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is in the best interest of the City if the application develops the site consistent with the provisions of the development agreement recommended by staff. Exhibit A 2. Rezone Findings: Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing, review the application. In order to grant an annexation and/or rezone,the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to C-G and 1-L zoning districts. If the applicant complies with the DA provisions,the Commission finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the proposed commercial and industrial land use designations. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district,specifically the purpose statement; The Commission finds that the amendment complies with the regulations outlined for the proposed district. c. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety,or welfare if approved. The Commission recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to,school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City(UDC 11-5B-3.E). The Commission finds that the proposed rezone of this property to the I-L and C-G zoning districts and the C-G and 1-L zoning districts is in the best interest of the City. Exhibit A Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7G PROJECT NUMBER: RZ 09-005 ITEM TITLE: SEYAM SUBDIVISION Approval of Development Agreement: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1 ,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1 .12 Acres from I-L to C-G Zone MEETING NOTES 1--491 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7H PROJECT NUMBER: AZ 14-008 ITEM TITLE: SHALLOW CREEK Public Hearing Continued from July 22, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High-Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 71 PROJECT NUMBER: PP 14-008 ITEM TITLE: SHALLOW CREEK Public Hearing Continued from July 22, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7,1 PROJECT NUMBER: CUP 14-005 ITEM TITLE: SHALLOW CREEK Public Hearing Continued from July 22, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi-Family Development Consisting of Sixty- Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7K PROJECT NUMBER: AZ 14-006 ITEM TITLE: VICTORY MIDDLE SCHOOL Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7L PROJECT NUMBER: CUP 14-003 ITEM TITLE: VICTORY MIDDLE SCHOOL Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District MEETING NOTES Mr. AO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7M PROJECT NUMBER: VAC 14-004 ITEM TITLE: SPURWING CHALLENGE (LOTS 3 & 4, Block 1) Public Hearing: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1 ) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easenent AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision MEETING NOTES Cbt-v\-AY1,4eu‘ 9 /1(0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT II Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7N PROJECT NUMBER: PP 14-012 ITEM TITLE: VENTANA COMMONS SUBDIVISION Public Hearing: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District MEETING NOTES l`j; k� �� S�Y�S t APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 70 PROJECT NUMBER: PP 14-011 ITEM TITLE: CHINDEN AND LINDER CROSSING SUBDIVISION Public Hearing: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located NOrthwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C-C Zoning District MEETING NOTES -j,\\ �cvcSo*1S Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7P PROJECT NUMBER: MDA 14-008 ITEM TITLE: CHINDEN AND LINDER CROSSING SUBDIVISION Public Hearing: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision MEETING NOTES ELI APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 7Q PROJECT NUMBER: ZOA 14-002 ITEM TITLE: UDC TEXT AMENDMENT Public Hearing: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul-De-Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones MEETING NOTES CekS iirritintL Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: ROOM RESERVATION POLICY UPDATE City Clerk's Office: Room Reservation Policy Update MEETING NOTES E? APPROm Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ' `� I uc) : A Resolution Approving the Updated City of Meridian Room Reservation Policy MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN RESOLUTION NO. 1 L - I (X)cj BY THE CITY COUNCIL: BORTON, ZAREMBA, ROUNTREE,BIRD, MILAM, CAVENER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN ADOPTING PUBLIC MEETING SPACE RESERVATION POLICES AND REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Hall facility has rooms that are available for limited public use; and WHEREAS, it is the desire of the Mayor and City Council to regulate the use of the public meeting spaces; and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the public meeting rooms in City Hall, designated Rooms "A" and "B" are available for reservation by the public. Section 3. That this Resolution and Corresponding Policy(described as "Attachment A") shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 19 day of A uqL,54-- , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this Ict day of nvq�S1— , 2014. APPROVED: - 401j* � AUCtro,1 Mayor '. , de Weerd ATTEST: 9 tet .,- city of02.0"7IANC BY' �1� u� 1� 101 ,a° Ja •ee 1': , Cit er s FAL f4"oftie Tot- RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL-PAGE 1 OF 4 Attachment "A" ,/c/idf E IDIAN - City of Meridian Public Meeting Space Reservation Policies and Regulations 33 East Broadway • Meridian, ID 83642 • (208) 888-4433 www.meridiancity.org The City of Meridian will make meeting space, in City Hall available for public use, subject to compliance with the following policies and regulations: CONTACT • Meeting rooms and spaces are available on a first come/first serve basis for public use in the Meridian City Hall (33 East Broadway) Monday through Thursday only from 8:00 a.m. to 9:00 p.m. and Fridays from 8:00 a.m. to 5:00 p.m. (excluding holidays) • Requests for reservations for City Hall meeting rooms may be made by contacting the City Clerk at 208-888-4433. Reservations are not final until they are confirmed by the City. • City Hall Rooms A and B are the only meeting rooms available for reservation by the general public CONDITIONS OF USE OF CITY MEETING ROOM City Commissions and Committees and other City sponsored meetings and activities have priority use of building facilities at all times and are not subject to the following rules or restrictions. The City may cancel reservations of City meeting rooms without prior notice to the reserving party. Requests for reservations must be made 7 days in advance, but may be made no more than one (1) month prior to the day of use, except as specified below**. Standing reservations will not be accepted. The 7 day requirement may be waived if a room is available. Reservations of Rooms A and B are for meetings only and may not be used for any parties, holiday gatherings, displays, shows, "for-profit" ventures, and other commercial enterprises. • Rooms A and B at City Hall are available for reservation by the following groups only: a. Non-profit groups that have a location in Meridian, or b. Government agencies as defined below**, or c. Committees/Commissions/Task Forces created by the City of Meridian, or d. Annual meeting of a Meridian neighborhood Homeowner's Associations, or RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL-PAGE 2 OF 4 e. Neighborhood meetings, as required by Meridian ordinance(s) regarding development in the City of Meridian, or f. Professional organizations that employees of the City of Meridian are affiliated or members of as a result of their employment with the City of Meridian. • City staff cannot provide coffee, supplies, technical I.T. support or office support. • No furniture may be removed from or added to the room. • Any damages to the building, furniture, or equipment will be the financial responsibility of the reserving party. • All facilities must be vacated by 9:00 p.m. Monday through Thursday and by 5:00 p.m. on Friday. • Reservations will only be accepted from persons 18 years of age or older. • The improper use or abuse of the facility is subject to immediate cancellation of the event and ejection. • Violations of these rules may be cause to prohibit future reservations. ROOM SPECIFIC CONDITIONS • Limited food and beverages may be allowed in the meeting space. No open flames or electrical appliances. Please discuss at the time of the reservation to acquire approval. Alcoholic beverages are not permitted within these rooms. • Reservations shall be limited to the room or facility expressly reserved and shall not include additional areas, unless a reservation has also been made for the additional areas. This does not exclude the use of the common area of the building, restrooms, or drinking fountains. • The electronic equipment in the room is not included with the room reservation unless the reserving party has been properly trained to use it. Training may be coordinated with the City Clerk's Office at least one business day before the event. If there is need for connecting cords they may be checked out from the City Clerk on the day of use. Request to use electronic equipment must be made in advance. Be advised that the City may not have all the equipment you may need so you may need to provide your own. • The reserving party shall be responsible for all set-up, takedown, and return of tables, chairs, or any other furniture or equipment to the proper location in accordance with the floor plan provided by the City. This needs to be completed prior to the end of the reserved time of the room. Failure to do so will be cause to disallow future reservation of the rooms. • No materials or decorations may be tacked, glued, stapled, taped, or adhered or affixed in any manner to walls, doors, or windows. This does not apply to adhesives that are designed for this use and do not leave any marks or remove paint. Please check prior to use. • All garbage and recyclable items must be placed in proper receptacles. • Smoking is prohibited in these rooms and on the premises of City Hall. • If the City determines it is necessary, the reserving party will be issued one proximity card that will provide access to the reserved space. The proximity card can be picked up one business day prior to use of the room from the City Clerk for reservations in the City Hall. The proximity card will only work for the time the space has been reserved and RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL-PAGE 3 OF 4 will remain the property of the City of Meridian. At the conclusion of the meeting, the proximity card may be left in the utility payment drop box located in the east parking lot. If the card is not returned at the end of the reservation period, this will be cause to disallow future reservations of the rooms. **The following groups are authorized to schedule meetings more than 30 days in advance and more than one monthly meeting: • Ada County Boys and Girls Club Board • Ada County Highway District meetings regarding Meridian road projects • Meridian Chamber of Commerce Board meetings • Meridian Development Corporation Board of Directors • Meridian Historical Society • Meridian Rural Fire District Commissioners Board • Western Ada Recreation District (WARD) Board of Directors RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL-PAGE 4 OF 4 I E ,...„, ,,, A *4 0 Public Meeting Space Reservation Request and Agreement 33 East Broadway Avenue • Meridian, Idaho 83642 • (208) 888-4433 • www.meridiancity.org Rental Dates (s): Rental Hours: From: To: * Rental hours include necessary time for set-up, take down, and cleanup for the meeting. Meeting Topic: Meeting Description: Estimated Attendance: Applicant: Date of Birth: Organization: Address: City: State: Zip Code: E-mail Address: Driver's License #: If different from applicant, name of person accepting responsibility for room reservation: Organization: Address: City: State: Zip Code: E-mail Address: Driver's License #: I Please note that the applicant and/or responsible party must be in attendance at the meeting and shall be responsible for all set-up, takedown, and return of tables and chairs, to their proper location in accordance with the floor plan provided by the City. Page 2 Requested Meeting Space ❑ City Hall Conference Room A 0 City Hall Conference Room B ❑ City Hall Conference Room A and B Additional Information Will food be served during the meeting in the reserved space? 0 Yes 0 No Type of food: Have you reviewed the audio visual capabilities of the meeting space? 0 Yes 0 No Type of use needed: Please note that needs for A/V instruction and assistance must be scheduled and completed in advance. A/V assistance will be not be available at the time of the meeting. To request assistance and/or training in advance please call the City Clerk's Office at (208) 888-4433. Signature I, , and all members of my party, shall, and herby do, indemnify and save and hold harmless the City of Meridian, its agents, employees, and/or officials from and for any and all of the losses, claims, actions, judgment for damages, or injury to persons or property and losses and expenses caused or incurred by myself or a member of the party and not caused by or arising out of tortious conduct of the City of Meridian. I assume for myself, and all members of my party do assume for themselves, all risks and hazards of using the City facility set forth above, and forever waive and release, on behalf of myself/themselves, my/their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages I/they now have or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business incites, suffered in connection with or arising out of using the City facility set forth above and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. I have read and agree to abide by the rental policies and regulations established by the City of Meridian. Printed Name Signature Date Please fax or e-mail request to: 208-888-4218 or clerkAmeridiancitv.org FOR OFFICE USE ONLY Approved Date: Staff Signature: Comments: Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 9A PROJECT NUMBER: RZ 09-005 ITEM TITLE: ORDINANCE Ordinance No. I y - I (0( q : An Ordinance (RZ 09-005 Seyam Subdivision) For The Re-Zone Of A Parcels Located On The North Side Of E. Franklin Road, Approximately 1 ,200 Feet East Of The Eagle/Franklin Intersection In The Southwest '/4 Of Section 9, Township 3 North, Range 1 East, And Annexing Certain Lands And Territory; Establishing And Determining The Land Use Zoning Classification Of 6.54 Acres Of Land From The C-G (General Retail & Service Commercial) Zoning District To The I-L (Light Industrial) Zoning District; And 1 .12 Acres Of Land From The I-L District To The C-G District; And Providing An Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES STAFF AGENCY APPLICANT INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-068081 BOISE IDAHO Pgs=28 BONNIE 08/21/2014 01:59 PM MERIDIAN CITY NO FEE 111 1111111 11 11111111 11111 III 111111 11111111 1111 III 00013727201400680810280280j CITY OF MERIDIAN ORDINANCE NO. I LI _ A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 09-005 SEYAM SUBDIVISION) FOR THE RE-ZONE OF A PARCELS LOCATED ON THE NORTH SIDE OF E. FRANKLIN ROAD, APPROXIMATELY 1,200 FEET EAST OF THE EAGLE/FRANKLIN INTERSECTION IN THE SOUTHWEST 1/4 OF SECTION 9,TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,ADA COUNTY,IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY,IDAHO,AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 6.54 ACRES OF LAND FROM THE C-G (GENERAL RETAIL& SERVICE COMMERCIAL)ZONING DISTRICT TO THE I-L (LIGHT INDUSTRIAL) ZONING DISTRICT; AND 1.12 ACRES OF LAND FROM THE I-L DISTRICT TO THE C-G DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE;AND PROVIDING FOR A WAIVER OF THE READING RULES;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,Idaho,and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Ronald Van Auker. SECTION 2. That the above-described real property is hereby re-zoned from the C-G (General Retail& Service Commercial) zoning district to the I-L (Light Industrial) zoning district (6.54 acres); and 1.12 acres of land from the I-L district to the C-G district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho,and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE-ANNEXATION—RZ 09-005 SEYAM SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps,and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances,resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this C\ day of , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I day of A v ,2010. jars-wry 01 ass MAYOR TAMMY de WEERD ATTEST: cltv at � � �(; TUTAN�`0100.110 [:. ,DAHo V C L OL 1Y the TO, RE-ZONE-ANNEXATION—RZ 09-005 SEYAM SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this I ' day of@ + , 2010, 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. (SEAL) qadiz0.4_ L 4a2 '''GHE ,L .• • t,''p T���,,+1. NOTARY PUBLI FOR I AHO ;• RESIDING AT: � � • I '41% !„�: MY COMMISSION EXPIRES: �.c1' S 7• ; L I_ " C '•:;rnaiIo ••....• RE-ZONE -ANNEXATION—RZ 09-005 SEYAM SUBDIVISION Page 3 of 3 Exhibit A-Rezone Legal Description&Exhibit Map REVI *ROYAL' BY DEC 17 MERIDIAN PUBLIC WORKS DEPT. • WAITE lancl surveying, fic 4090W.State Street 1164se,IL) B37015 208.7946422 Tele. 2 re,4,26.0319 Fax P.N.243$ December 16,2009 C-G TO IL ZONE DESCRIPTION A parcel(gland located in the Southwest 1/4 of Sections 9,T.3N.. Ada County,Idaho,and being more particularly described as follows: Commencing at the Southwest corner of said Section 9,from which the South 1/4 corner of said Section hears S 89L 1'46"W,2706.25 feet, thence S 89°11'46"E along the South boundary of said Section 9 and tht ceritilirte of Franklin Rd..for a distance of/107.33 feet(formerly 1107.19 fed); thence contamung 5 89'11'46"E along the South boundary of said Section 9 and the centerline of Franklin Rd.,for a distance of 655.74 feel to the REAL POINT OF BEGINNING, thence leaving said boundary and centerline N 90°4814"W for a distance of 245.16 feet to a point of curve; tnenee along the arc of said curve to the right a distance(p152.36 feet,said curve having a radius of 300_00 feet,a central angle of 10°00'00"and a chord distance of 52.29 feet bearing N 04°11'46"E to a point of tangent; thence N 09°11'46"E for a distance of 12.09 feel: thence S 89°56'19"E for a distance of 937,34 feet to a point on the Etat boundary of said Southwest 1(4 of Section 9; thence S00°39'59"E along said East boundary for a distance of 295.00 feet to the centerline of Franklin Rd,and the South boundary of said Section 9; thence S SVIl'46"W along the South boundary of said Section 9 and the certerline of Franklin Rd..for a distance of 943.18 feet to the REAL POINT OF B INC containing 6.54 acres of land.more or less, , Prepared by: Todd R, Waite P.L.S. ee 9 ' p1,47e OR 0:,(1/4. llf.rojects1ScyiunSub(243S)iOoeunientsCa TO IL Z0NS-Ftv4oc-1 RVIE) SI- AL' BY - EEC 17 AM MERIDIAN13.16.1-10 woRKS or-PT INAITE land surveying, tic 4090W,state greet.Botsc„ID G:1703 2 4.794.6622 Tele. 208 426 B319 Fax P.N.243$ December 16,2009 l-L TO CG ZONE DESCRIPTION A parcel of land located in the Southwest 1f4 of Section 9,T.3N.,RA E.,B.M,,Ada County,Idaho.and king more particuiarly described as follows:. Commencing at the Southwest corner of said Section 9,from which the South 1f4 corner of said Section bears S 8991'46"W,2706.25 feet. thence S 891'4.6"E along the South boundary of said Section 9 and the centerline of Franklin Rd.,for a distantof 1107,33 feet(fonnerly 1107.19 feet); thence leaving said boundary and centerline N 06°55'12"W for a distance of 64.97 feet to a point on the East Right-of-Way line of N.Uaudians Ave.; thence N 06°55'l2"W along said East Right-of-Way line for a distance of 402.69 feet; thence leaving said Right-of-Way line N 8911'46"E for a distance of 406.71 feel to the REAL POINT OF BEGINNING, thence S 00'48'14"E for a distance of 151,23 feet: thence S 89°56'19"E for a distance of 305.55 feet: thence N 0911'46"E for%distance of 158.25 feet; thence 5 8911'46"W fur a distance of 332.99 feet to the REAL POINT OF BEGINNING, containing 1.12 acres of land,more or less, 4001°4;2. '4"%i Prepared by: Todd R.Waite P.L.S. #J2.!4 4D0 R:OW LIPrujects)SeyainSub(2435V,Docturntntsql-TO CO-ZONE-dm-I .. trilf00 0A010 RAH-00AD ..... ...."lin OOP 111111•MIIIM.OM 01 6 gkandams am— If..ow.ote........ ........e..............M.A.iiiii..11111111.OPP RIO . Ink . - .NOV°. REV - ,ir V r nEC 17 . \\\ ii Ef000mnPVG CURVE TASLE ' CURVE LENGTH RAOUS DEL A OREGO MANNG- )EirM., , .• r ..s. / .11AVP t i 1 1 ..4„.. —,.-......—*.,--...... _....)t, r 1.4 , I i 1 1 A N 148 ,..,. ,: ,.... v 891 ' E . 88911 %, .48 . 498"71' J/332.99' s ig git 1.11 p Nomir _ . ... 124 I ..... t ' Sa9.561at . . Sag% I,.... 111 937.34* 71 . IV 305-58` pi„,.e. \41'.38 4.q.1 , ir. Hil 44go A Ad 14 • a a p gni.4,., I.41 :7 W 7 rwww w5 envw NIL 79 101r "Iv — ...i v APF • . APIIIV Ar . ' -. 415.701V $8911 4841i, 943.18` osysir w '—' acsr rorAtirLIN RA . .7 .. 25 100 400 l .-.......-........... mv , .,,,,0 0 50 200 WAITE CITY OF MERIDIAN ZONING ..._ 200' EXHIBIT • ........_ land sueveying, 1k THESE DRAWNW, CA ANY PORTION ThEREOF. SOU NOT BE USED Oil ANY PROJECT oa Exusora oF vis LOCATED IN THE SW 1/4 OF SEC. 9, 4090 W Rate Street,Borse,Idaho 85708 FiloEer EXCEPT BY AGREEMENT MI WRITING ini WARE r3N alE SM ADA DAHO 208 9473850 Tete 208 426.8319 Fax LANO suRvetipm ut Co,., SCANNED CITY OF MERIDIAN E IDIAN�- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION & ORDER In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Land Use Designation on 6.54 Acres of Land from Commercial to Industrial, and to Change the Land Use Designation on 1.12 Acres of Land from Industrial to Commercial; and Rezone of 6.54 Acres of Land from the C-G Zoning District to the I-L district,and 1.12 Acres from the I-L District to the C-G District, by Ronald W.Van Aitken Case No(s). CPA-09-007& RZ-09-005 For the City Council Hearing Date of: April 27,2010, (Findings on the May 11,2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 27,2010, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing April of A ril 27,2010, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 - 1 - 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the legal description and the provisions of the development agreement included in the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone to I-L and C-G as evidenced by having submitted the legal descriptions and exhibit maps, prepared by Todd R. Waite, dated 12/16/2009, is hereby conditionally approved; and, 2. A Development Agreement (DA) is required with the subject rezone approval. The provisions of the DA are as shown in Exhibit B of the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference. D. Attached: Staff Report for the hearing date of April 27, 2010. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 -2- o-- By action of the City Council at its regular meeting held on the I t day of 11A ,2010. COUNCIL MEMBER DAVID ZAREMBA VOTED_A COUNCIL MEMBER BRAD HOAGLUN VOTED tjt COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED `, L MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Cfi NS Mayor .. Attest: ,`' UF MER" ip'',, 4110 • Jaycee :b man, City C1erki SEAL Copy served upon ApplicankT 'I I?� � dit, Public Works Department and City Attorney. /1///,'(-), OWN •,o.``.•` B /. .•:a t Dated: 5 - 1 1 - Q01 CI� OMVP CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).CPA-09-007&RZ-09-005 -3- STAFF REPORT Hearing Date: April 27,2010 TO: M:c: a : :ate FROM: SCity Planner 208-884-5533 IDAHO SUBJECT: CPA-09-007;RZ-09-005—Seyam Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant,Ronald W.Van Auker,has applied for an amendment to the Comprehensive Plan Future Land Use Map(CPA)to change the land use designation on 6.54 acres of land from Commercial to Industrial; and to change the land use designation on 1.12 acres of land from Industrial to Commercial. A Rezone(RZ)is concurrently requested of 6.54 acres of land from the C-G(General Retail& Service Commercial)zoning district to the I-L (Light Industrial) zoning district; and 1.12 acres of land from the I-L district to the C-G district. See Section 10 of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPA&RZ applications with the conditions and Development Agreement provisions listed in Exhibit B,based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning&Zoning Commission heard these items on March 4,and 18,2010.At the public hearing on the 18th they moved to recommend approval of the subject CPA and RZ request. a. Summary of Commission Public Hearing: i. In favor:Brad Miller ii. In opposition: None iii. Commenting:None iv. Written testimony:None v. Staff presenting application: Sonya Walters vi. Other staff commenting on application:Pete Friedman b. Key Issue(s)of Discussion by Commission: i. Concern about the aesthetics of an industrial use/building being located adjacent to Franklin Road,an entryway corridor into the City.Difficulty with applying commercial design standards to an industrial building that isn't really suited as such. c. Key Commission Change(s)to Staff Recommendation: i. None d. Outstanding Issue(s)for City Council: i. If it's in the best interest of the City to approve a change to the future land use map& zoning map that would allow an industrial use(s)to develop on this site adjacent to Franklin Road, an entryway corridor into the City. The Meridian City Council heard these items on April 27.2010.At the I ublic hearing the Council a.proved the subiec CPA and RZ request. a. Summary of City Coun it Public Hearin,{: L In favor:Brad Miller In opposition:None Seyam Sub CPA RZ PAGE 1 Commenting:None y Written testimony:None Y. Staff r resenting mac: 'on: Sonya Watters Other staff commenting on application:None h: ev Iscuec of Dic nc ion by C'oun i L nut Sn k . I I • 1 : 1 ' • r - , r Ir n' •II LLYone III. PROPOSED MOTION Approval After considering all staff,applicant and public testimony,I move to approve File Numbers CPA-09- 007&RZ-09-005,as presented in the staff report for the hearing date of April 27,2010 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPA-09- 007&RZ-09-005, as presented during the hearing on April 27 2010, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers CPA-09-007 &RZ-09-005, to the hearing date of(insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV.APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of E.Franklin Road,approximately 1,200 feet east of the Eagle/Franklin intersection,in the southwest % of Section 9,Township 3 North,Range 1 East. B. Owner(s): Ronald W.Van Auker 3084 E.Lanark Street Meridian,ID 83642 C. Applicant: Same as owner D. Representative: Matt Munger,Munger Engineering,Inc. 4090 W. State Street, Ste.29 Boise,ID 83703 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the comprehensive plan future land use map and a rezone.A public hearing is required before the Planning&Zoning Commission and City Council on these matters,consistent with Meridian City Code Title 11,Chapter 5. Seyam Sub CPA RZ PAGE 2 -- j B. Newspaper notifications published on:February 15, and March 1,2010(Commission);April 5, and 19,2010(City Council) C. Radius notices mailed to properties within 300 feet on:February 11,2010(Commission);April 2, 2010(City Council) D. Applicant posted notice on site by:February 23,2010(Commission);April 16,2010(City Council) VI.LAND USE A. Existing Land Use(s)and Zoning: The subject property for the proposed comprehensive plan map amendment and rezone has not yet been developed and is currently vacant.The property is currently zoned I-L and C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Industrial property(multi-tenant warehouse building),zoned I-L 2. East: Rural residential property,zoned R1 and RUT in Ada County 3. South: Meadow Lake Village retirement community, zoned L-O 4. West: Commercial property(Ashley Furniture),zoned C-G C. History of Previous Actions: • A preliminary plat(PP-06-055)was approved in 2007 for 8 building lots on 39.28 acres of land. • An 18 month time extension(TE-09-005)was approved on February 4, 2009 to obtain the City Engineer's signature on the final plat,to expire on August 6,2010. • A final plat(FP-09-008)was approved on January 26,2010 for the entire area of the preliminary plat but has not yet been recorded. D. Utilities: 1. Public Works: a. Location of sewer:This site is currently served from mains that are installed in Lanark Lane. b. Location of water: This site is currently served from mains that are installed in Lanark Lane. c. Issues or concerns:None E. Physical Features: 1. Canals/Ditches Irrigation:NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain:NA VII.COMPREHENSIVE PLAN POLICIES AND GOALS A portion of this site is designated for"Commercial" land uses and the remainder is designated for "Industrial"land uses on the Comprehensive Plan Future Land Use Map. The applicant is proposing to change 6.54 acres of land from the Commercial designation to the Industrial designation, and 1.12 acres of land from the Industrial designation to the Commercial designation. Seyam Sub CPA RZ PAGE 3 Per Chapter VII of the Comprehensive Plan(page 105), commercial areas are designated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses,multi-family residential, as well as appropriate public uses such as government offices.Within this land use category, specific zones may be created to focus commercial activities unique to their locations. Per Chapter VII of the Comprehensive Plan (page 106), industrial areas are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): • Chapter VII,Goal III, Objective A,Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be rezoned in the following manner: Sanitary sewer and water service will be extended to the site at the developer's expense. > The subject lands currently lie within the jurisdiction of the Meridian Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District(ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. > The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal,fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department,Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V,Goal III,Objective D,Action 5—Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping will be required to be installed upon development of the property in accord with the standards listed in UDC 11-3B. • Chapter VII, Goal IV,Objective D,Action 2—Restrict curb cuts and access points on collectors and arterial streets. Access to this property from Franklin Road is proposed via the extension of Touchmark Way as approved on the final plat, which is proposed to connect to Lanark to the north of the subject property. Seyam Sub CPA RZ PAGE 4 • Chapter VII, Goal I, Objective E—Establish industrial areas to meet the employment needs of the City of Meridian. A portion of the applicant's request is to amend the future land use map to include more industrial property within the City. Adding more industrial property should contribute to employment opportunities available within the City. • Chapter VII, Goal I, Objective E, Action 3 — Require industrial areas to create a site design compatible with surrounding uses(e.g. landscape,fences,etc.)and community design criteria. Because the property proposed to be zoned industrial borders Franklin Road, an entryway corridor into the City, staff recommends the design criteria contained in the Design Manual for commercial developments (as opposed to industrial)apply to development of this property on the south& west sides of the property fronting public streets. Staff believes this will result in a more aesthetically pleasing as well as more compatible structure with the commercial property to the west. • Chapter VII, Goal IV, Objective A, Action 2 — Encourage industrial development to locate adjacent to existing industrial uses. Industrial property exists adjacent to the railway corridor at the north boundary of the subject property proposed to be rezoned industrial. • Chapter VII, Goal IV, Objective C, Action 2 — Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties. The property proposed to be rezoned I-L abuts residential property. The UDC (Table 11-2C-3) requires a 25 foot wide landscape buffer adjacent to residential uses. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject site will require approval of a Certificates of Zoning Compliance and Design Review prior to construction. Staff will ensure that future development on this site complies with any and all applicable design and landscaping standards, as provided for through the Unified Development Code and Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site and will still be available upon rezone and development of the site. Seyam Sub CPA RZ PAGE 5 c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial and industrial uses, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. e. Public Services,Facilities,and Utilities City water and sewer service is currently available to the subject property.Public services such as police and fire protection are currently provided to the subject property. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The applicant is proposing a commercial development on the site.Therefore,the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff does not believe that the proposed plan amendment would negatively impact transportation within the City of Meridian in this area if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that the proposed commercial and industrial use of this property will significantly impact or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources,or scenic areas,nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains,unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 17 developed City parks totaling approximately 191.58 acres. Two new park facilities totaling approximately 67.5 acres are currently in the design process. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The policies of this element are presented in the text of the Comprehensive Plan.The Future Land Use Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and Seyam Sub CPA RZ PAGE 6 industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore,the Map is to be used as a guide for development decisions including requests for land use changes. Staff believes the commercial and industrial use and zoning of this site and consistent zoning within the immediate area, along with access to an arterial street, makes this property appropriate for commercial and industrial uses, thus justifying the request for the land use changes. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not violate private property rights. A neighborhood meeting was held on November 25, 2009 of which no neighbors attended. In summary, staff finds that the development request generally conforms to the stated purpose, intent, and standards of the Commercial and Industrial land use categories within the Comprehensive Plan. Further, stafffinds the proposed use of the property should be consistent with existing commercial and industrial uses in the area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan.Four districts are designated which differ in the size and scale of commercial structures accommodated in the district,the scale and mix of allowed commercial uses,and the location of the district proximity to streets and highways. The purpose of the I-L district is to provide for convenient employment centers of light manufacturing,research and development,warehousing,and distributing. In accord with the Meridian Comprehensive Plan,the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely,or almost entirely,within enclosed structures.Accessibility to transportation systems is a requirement of this district(UDC 11-2C-1A). B. Schedule of Use: Unified Development Code(UDC)Tables 11-2B-2 and 11-2C-2 list the permitted,accessory,and conditional uses in the C-G and I-L zoning district.No specific uses are proposed with this application. C. Dimensional Standards: The dimensional standards listed in UDC Tables 11-2B-3 for the C-G district and 11-2C-3 for the I-L zoning district apply to development of this site. D. Landscaping Standards(UDC 11-3B):Landscaping is not required with this application. Seyam Sub CPA RZ PAGE 7 1. Width of street buffer(s): NA 2. Width of buffer(s)between land uses:NA 3. Percentage of site as open space:NA 4. Tree Preservation: NA E. Parking:Parking is not required with this application. IX.ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. CPA Application: The applicant requests an amendment to the Comprehensive Plan future land use map to change the land use designation on 6.54 acres of land directly adjacent to Franklin Road from commercial to industrial.An amendment is also requested to change 1.12 acres from industrial to commercial, approximately 300 feet north of Franklin Road.Please see Section VII above for the Comprehensive Plan policies, goals,and analysis related to this application. Because the portion of this site proposed for industrial use is located adjacent to an entryway corridor(Franklin Road)into the City, staff is hesitant to support the request because of the general nature of industrial type uses.Typically, structures in industrial areas are less attractive and more utilitarian;have associated outdoor storage areas for materials, equipment, inventory,and/or supplies; and have loading docks for shipping and receiving. Light industry type uses typically consist of manufacturing,processing,fabrication, assembly,treatment,and/or packaging of finished products or parts,predominantly from previously prepared materials. Because there is industrial property to the north of the subject property adjacent to the railway corridor,expanding the boundary of industrial land in this area makes some sense.However, the primary concern of staff is that the property develops in an attractive manor consistent with the commercial properties to the west and the desired appearance of structures located along entryway corridors into the City. Staff is not opposed to the industrial designation of the property adjacent to Franklin Road provided that the facades and portions of the site directly adjacent to Franklin Road and the future extension of Touchmark Way develop consistent with the guidelines contained in the City's Design Manual for commercial developments,rather than industrial developments, because of their location adjacent to an entryway corridor. Staff believes this will assist in maintaining the design integrity of the entryway corridor,as well as accomplishing the desires of the applicant. Staff has no objections to the request to change the land use designation to commercial for the portion of the property north of Franklin Road.However,the northern lot line shown on the approval final plat for this lot property will need to be shifted accordingly prior to recordation of the plat. 2. RZ Application: The rezone of a portion of the subject property to I-L and a portion to C-G as proposed by the applicant is consistent with the future land use designations proposed with the CPA application. Seyam Sub CPA RZ PAGE 8 1 As a provision of the rezone, staff is recommending no outdoor storage of materials, equipment,inventory,and/or supplies or loading docks are located between the facades of the structures directly adjacent to Franklin Road&the future extension of Touchmark Way on the property proposed to be zoned I-L.All outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. Additionally,staff recommends that the facades of the structures and portions of the site directly adjacent to Franklin Road and the future extension of Touchmark Way develop consistent with the guidelines contained in the Design Manual for commercial developments rather than industrial developments for the property proposed to be zoned I-L. To ensure the property is developed in a manor consistent with the comprehensive plan and does not negatively impact nearby adjacent properties, staff is recommending the applicant enter into a Development Agreement with the City that requires a written commitment for all future uses, in accord with UDC 11-5B- 3D2 and Idaho Code - § 65 6711A, that contains the provisions detailed above. If the Commission or Council feel that additional provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. X. EXHIBITS A. Drawings 1. Zoning Map&Aerial Map 2. Comprehensive Plan Future Land Use Map—Adopted&Proposed Land Use Designations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Rezone Legal Description&Exhibit Map D. Required Findings from Unified Development Code Seyam Sub CPA RZ PAGE 9 Exhibit A.1 —Vicinity Map .. it I l l l ll U! ai 1 i 17NE . ' Mil 11 --___Ilii! t `_ ll 1111 1 ., ,, s EfOLM�tCIALfT 10 \ n�u u .. Z 'I.,r ii . .6, 8 z :O W1NSANTO ST 0,1.1.110 • iiiialimun ol- -=--- -------=-- - ..„,, __J 1 1111 1111 J I MR t111:11=41:1 -- I 1� , Heo -FRANKLIN—RD Eion It* —�'t( (ii, W VIEWRED----- �___; ' • 1111` ilhal ci _ "1, \\ i 1 U?LtLW&I: — J._ - Alt Jr--jr_________ �� \ v . t \119 mh 1 [ : YI I Exhibit A Exhibit A.2-Comprehensive Plan Future Land Use Map—Adopted&Proposed Land Use Designations . EOo ED Legend Commercial General Industrial ta.....„. - Office Mixed Use Regional I 111111 Mixed Use Community ,si _ __ __ _ __ . , .. . . _.. PROPOSED Legend -Commercial la IN General Industrial - Office Mixed Use Regional - Mixed Use Community ,si r , . , , __. _ ._ ,_ Exhibit A Exhibit B-Agency and Department Comments On February 3, 2010, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Todd R. Waite,PLS,dated 12/16/09 and submitted with the application (included in Exhibit C), is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Comply with all provisions of 11-3A-3 with regard to access to streets. b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department,prior to submittal of a building permit application for any and all structures on this site. c. The facades of structures and portions of the site directly adjacent to Franklin Road&the future extension of Touchmark Way shall develop in accord with the guidelines contained in the City's Design Manual for commercial developments,rather than industrial developments,because of their location adjacent to an entryway corridor(Franklin Road). (These properties are depicted on the approved final plat as Lots 2 and 3, Block 1)The facades and portions of the site not directly adjacent to Touchmark or Franklin may develop in accord with the guidelines contained in the Design Manual for industrial developments. d. No outdoor storage of materials,equipment, inventory, and/or supplies,or loading docks shall be located between the facades of the structures adjacent to Franklin Road&the future extension of Touchmark Way.All permitted outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. e. The property owner shall sign the development agreement and return such to the City within one year of the Council granting this rezone request as set forth in UDC 11-5B-3D2. f. Comply with all bulk,use,and development standards of the applicable district listed in UDC Chapter 2 District regulations. g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. h. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months after the date of annexation ordinance approval.Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services.Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. i. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months after the date of annexation ordinance Exhibit A approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 2. FIRE DEPARTMENT 2.1 The proposed project lies outside the five-minute response zone goal.Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support.The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 2.2 In accordance with International Fire Code Section 503.2.5 and Appendix D,any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150'in length with no outlet. 2.3 All entrances,internal roads, drive aisles,and alleys shall have a turning radius of 28' inside and 48' outside,per International Fire Code Section 503.2.4. 2.4 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project.Fire hydrants shall be placed per Appendix C. 2.5 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 2.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet(183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 2.7 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure.Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 2.8 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the Exhibit A property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems.(Remoteness Required) 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT On December 6,2006,the Ada County Highway District acted on MPP-06-055 for Seyam Subdivision.The conditions and requirements also apply to MCPA-09-007/MRZ-09-005. Exhibit A Exhibit C-Rezone Legal Description&Exhibit Map orrik4Rowiv,,,, DEC 17 2005 mantailat MAX WAITE Ian I surveying, 1k 4090 44'.Stitt Street,done t(?857035 208794.6622 Fele, 208.426.8319 Fax P.N.2435 December 16,2009 C-G'PO I-L ZONE DESCRIPTION A parcel of land located in the Southwest 114 of Sections 9,T.3N.,[t.1E.,B AL.Ada County,Idaho,and being more particularly described as follows: Commencing at the Southwest conker of said Section 9,from which the South 1/4 corner of said Section bears S 89°11`46"W.2706.25 feel, thence S 89°11'46"E along me South boundary of said Section 9 and the OcaSerline of Franldin Rd..for a c start a of 1107.33 feet(formerly 1107.19 feet); thence continuing S 8991'46"6 along the South boundary of said Section 9 and the centerline of Franklin Rd.,for a distance of 655.74 feel to the REAL POINT OF BEGINNING, thence leaving said boundary and centerline N 00"48'14"W for a distance 01245.16 feet to a point of curve; thence along the arc of said curve to the nght a distance of 5236 feet.said curve having a radius of 300.00 feet,a central angle of 10*00'00 end a chord distance of 52..29 feet bearing N 04'11'46"5 to a point of tangent; thence N 09°11'46"E fora distance of 12.09 feet; thence S 89°5619"E I'or a distance of 937.34 feet to a point on the East boundary of said Southwest 1/4 of Section 9; thence S 00°39'59"E along said East boundary fora distance of 295.00 feet to the marline of Franklin Rd.and the South boundary of said Section 9; thence S 89°11'46"W along the South boundary of said Section 9 and the centerline of Franklin Rd.,fora distance of 943.18 feet to the REAL POINT OF a'. ING; contauung 684 acres of land,more or less. \ t y Prepared by: Todd R.Waite P.L.S. 7 9 alpro ecvlSegamSuD fx43 ),Doeumeetsilai TO IL ZONEvev docrl Exhibit A BY DEC i 7 2003 WAITS land surveying, 1 l 4090 w.State Street.Boo.,ID 83703 208.794.6672 Tele 208 426.0319 Fax P.N.2435 December 16,2009 l-L TO CG ZONE DESCRIPTION A parcel of land located in the Sauthweast 114 of Section 9,"f.3N.,R.1 E.B.M,,Ada Cody,Idaho,and being more particularly described as follows' Commencing at the Southwest comer of said Section 9,from which the South 1(4 oomer of said Section imam S 8991'46"W,2706.25 met. thence S 8991'46"E along the South boundary of said Section 9 and the centerline of Franklin Rd.,for a distance of 1107.33 fax(formerly 1107.19 feet); thence leaving said bogy and centerline N 06°55'12"W fora distance of 6+1,97 fax to a point on the East Right-of-way line of N.Gatrdians Ave.; thence N 06'55'12-W along said East Right-of-Way line for a distance of 402.69 feet; thence leaving said)tight-of-Way line N 8991'46"E for a distance of 406.71 feel to the REAL POINT OF BEGINNING, • thence S 00'48'14"E fora distance of 151.23 feet; thence S 89°56'19"E for a distance of 305.55 feet: thence N O9°11'46"E for a distance of 15825 feet; thence S 89811'46"W for a distance of 332.99 feet to the REAL POINT OF BEGINNING, containing 1.12 acres of land,more or less. lam. Prepared by: Todd R.Waite P.L.S. + ) ) CJ 1 144 letbff:10 a. ZLProseSsSSeyanSub(243311C1ocumevo IL TO CO-ZONE:dm-I Exhibit A ..„... .... rr.,N,011 PAC$f1C RAILROAD V`v i 7 � 1p I - ......_____________________ Alyryf ; !A* .•— Rv NG N MOW 0,TA SOWWARINL zi r O1 11_11 �, x. 1 2 2 r H09.11' 'E 1 p� rlB 58h 2'” 1 S $ rn . S8�S9'1 937.34' 305.55' roror, ! I i lir. e/y 1 1 1 48 ■OM 4'[ j 4:,• —4"-9 M7P46�W X49' �1 1. .1 1 II .4 AI 00•x3.1 g•N S a7,. . N 60x74` - - /4/211 . l rf 611fY /RANtLI RD. -. '9 94118' 23 100 400 0 50 200 600 W A 1 T E CITY OF MERIDIAN ZONING SCALE: 1$ al 200' EXHIBIT °�1 land surveying, IIc nor ee I A Ufa µv PRoParw oa cc ria,,{s t ,. LOCATED IN THE SW 1/4 OF SEC, 9, 4090 W Street, w1o.�1•e>at�rr av Aanreurxr w wrom�o ram� Gorse,Idaho 83703 LAND suR�oNp LAC T3N_, R.1E,am,ADA CO.,IDAHO 208.947.39x0 Tek 209.426.6319 Fax i 1 1 Exhibit A i Exhibit D-Required Findings from Unified Development Code 1.Comprehensive Plan Amendment Findings Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an amendment to the Comprehensive Plan,the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed changes to the Future Land Use Map do not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds the proposed land use changes will provide an improved guide to future growth and development in this area of the city. c. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan(see Section VII for detailed analysis). The Commission believes sufficient provisions have been made to accommodate commercial and industrial development in this area. d.The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds that the future commercial and light industrial uses on this site will be compatible with surrounding(existing and future)uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds that the proposed map amendment to commercial and industrial will allow for uses on the site that should be compatible with existing and future commercial, industrial,and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is in the best interest of the City if the application develops the site consistent with the provisions of the development agreement recommended by staff. Exhibit A 2. Rezone Findings: Upon recommendation from the Commission,the Council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to C-G and I-L zoning districts. If the applicant complies with the DA provisions,the City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the proposed commercial and industrial land use designations. Please see Comprehensive Plan Policies and Goals, Section VII,of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district,specifically the purpose statement; The City Council finds that the amendment complies with the regulations outlined for the proposed district. c. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health,safety, or welfare if approved. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to,school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City(UDC 11-5B-3.E). The City Council finds that the proposed rezone of this property to the I-L and C-G zoning districts and the C-G and I-L zoning districts is in the best interest of the City. Exhibit A Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: ORDINANCE Ordinance No. y - I (o ao : An Ordinance Amending Meridian City Code, Updating References to Former Meridian City Code Section 1-4-1 , Regarding General Penalties, To Reflect the Current Location, Meridian City Code Section 1-2-1 , as Renumbered Pursuant to Ordinance 14-1608. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES STAFF AGENCY APPLICANT INITIALS CITY OF MERIDIAN ORDINANCE NO. I y- (p a BY THE CITY COUNCIL: BIRD,BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE, UPDATING REFERENCES TO FORMER MERIDIAN CITY CODE SECTION 1-4-1, REGARDING GENERAL PENALTIES, TO REFLECT THE CURRENT LOCATION, MERIDIAN CITY CODE SECTION 1-2-1, AS RENUMBERED PURSUANT TO ORDINANCE 14-1608. WHEREAS, the City Council of the City of Meridian recently passed ordinance no. 14-1608, which amended Title 1, Chapters 1, 2, 3, and 4, Meridian City Code, including updates to and and renumbering of former Meridian City Code section 1-4-1, regarding general penalties, to its current location at Meridian City Code section 1-2-1; and WHEREAS,the City Council of the City of Meridian desires to update the references to this renumbered statute in the City Code to correctly reflect the updated renumbering from 1-4-1 to 1-2-1; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 1-14-3(A) shall be amended as follows: A. Mayor, City Council member, board member, committee member, commission member, executive, legislative, ministerial, or other officer of this City, who appoints or votes for the appointment of any person related to him or her or any of their associates in office by affinity or consanguinity within the second degree, to any clerkship, office,position, employment, or duty, when the salary, wages,pay or compensation of such appointee is to be paid out of public funds or fees of office, or who appoints or furnishes employment to any person whose salary, wages,pay, or compensation is to be paid out of public funds or fees of office, and who is related by either blood or marriage within the second degree to any other executive, legislative,ministerial, or other City public officer when such appointment is made on the agreement or promise of such other officer or any other public officer to appoint or furnish employment to anyone so related to the person, officer, or employee making or voting for such appointment, is guilty of a misdemeanor involving official misconduct and, upon conviction thereof, shall be subject to penalty as provided in Section 1 1 1 1-2-1 of this Title and such officer making such appointment shall forfeit his office and be ineligible for appointment to such office for one year thereafter. Section 2. That Meridian City Code section 3-11-20 shall be amended as follows: Any person who violates any provision of this Chapter shall, upon conviction, be subject to penalty as provided in Section 1 1 1 1-2-1 of this Code; and each day's failure of compliance with any such provision shall constitute a separate violation. Section 3. That Meridian City Code section 5-2-8(B) shall be amended as follows: Penalty: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1 1 1 1-2-1 of this code. UPDATING REFERENCES PER ORDINANCE 14-1608 PAGE 1 OF 3 Section 4. That Meridian City Code section 5-3-8(B) shall be amended as follows: Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1 4 1 1-2-1 of this code. Section 5. That Meridian City Code section 6-3-1(B) shall be amended as follows: Penalty: Any person violating the provisions of this chapter, or the statutes adopted herein, shall be subject to penalty as provided in section 1 4 1 1-2-1 of this code. Section 6. That Meridian City Code section 6-4-1(D) shall be amended as follows: Penalty For Parent Or Guardian: Any parent, guardian, or other adult person having the care and custody of any person under the age of eighteen (18) years who shall violate the provisions of this section, upon conviction thereof, shall be subject to penalty as provided in section 1 4 1 1-2-1 of this code. Section 7. That Meridian City Code section 9-1-36(B) shall be amended as follows: Penalty Imposed; Discontinue Service: Any person who shall continue any violation beyond the time limit provided for in this section, shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1 4 1 1-2-1 of this code, and shall have his water service terminated. Each day in which such violation shall continue shall be deemed a separate offense. Section 8. That Meridian City Code section 9-3-6(B) shall be amended as follows: Penalty Imposed: Any customer who violates or refuses to comply with this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be subject to penalty as provided in section 1 4 1 1-2-1 of this code. Section 9. That Meridian City Code section 9-4-29(B) shall be amended as follows: Penalty For Turning On Water: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this chapter or the rules and regulations pertaining to the sewer service, shall turn on or permit to be turned on or use or permit the water to be used, without authority, he shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1 '1 1 1-2-1 of this code for each offense. Section 10. That Meridian City Code section 9-4-29(D) shall be amended as follows: Penalties For Noncompliance: No development shall take place without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in section 1 4 1 1-2-1 of this code for each violation, and in addition shall pay all costs and UPDATING REFERENCES PER ORDINANCE 14-1608 PAGE 2 OF 3 expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Section 11. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this i c\ day of August, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on this I°I day of August, 2014. APPROVED: ATTEST: ..e--- ,....011014er -aiiiiiiitiMT. I� erd, Mayor I" _",r" 1111111t, _�,C ' `: �.,ce: o an ,, _.,fs, � eoAHo , SEAL r,.A �P Q r£B°I the TRf ws,@ I UPDATING REFERENCES PER ORDINANCE 14-1608 PAGE 3 OF 3 Meridian City Council Meeting DATE: August 19, 2014 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO STAFF AGENCY APPLICANT NOTES INITIALS