Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2014-10-28
(:>WE FIDIA 4 CITY COUNCIL REGULAR I D A H O MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 28, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba Joe Borton X Charlie Rountree X Keith Bird Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:02 p.m. Out of Executive Session at 6:35 p.m. 6. Consent Agenda Approved A. Approve Minutes of October 14, 2014 City Council Workshop Meeting B. Approval of Change Order 1 to Task Order 10480 for "Water Division Facilities Assessment" to JUB Engineers in the Not -To -Exceed amount of $15,000.00 C. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "Waterline Replacement— Lynhurst PI to W Penwood Dr to End" project for a Not -To -Exceed amount of $61,798.00 D. Approval of Award of RFP and Agreement to Greenplay, LLC for "PARKS AND RECREATION MASTER PLANNING SERVICES" project for the Not -To - Exceed amount of $134,990.00 Meridian City Council Meeting Agenda — Tuesday, October 28, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Development Agreement for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District F. Development Agreement for Approval: 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 G. Findings of Fact, Conclusions of Law for Approval: AP 14-002 Polaris Pre - School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design 7. Community Items/Presentations A. Continued from October 21, 2014: Annual Golf Course Update Motion approved to deny request for rent relief for 2013-2014 8. Items Moved From Consent Agenda None 9. Department Reports A. Mayor's Office: Resolution No. 14-1028: Resolution Appointing Brad Pfannmuller to the Impact Advisory Committee Approved B. Fire Department: Emergency Medical Services (EMS) Joint Powers Agreement Update C. Community Development Department: Update on Economic Development Plan Implementation Efforts D. Amended onto the Agenda: Water Main Easement for Volterra Heights Subdivision No. 1 and Sewer and Water Main Easement for Volterra Heights Subdivision No. 1 Approved 10. Ordinances A. Ordinance No. 14-1627: An Ordinance (AZ 14-007 Sugarman Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Southwest '/4 Of Section 36, Township 4 North, Range 1 West, Boise Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Meridian City Council Meeting Agenda — Tuesday, October 28, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Lands From RUT To C -C (Community Business) District In The Meridian City Code; And Providing An Effective Date Approved 11. Future Meeting Topics None Adjourned at 8:07 p.m. Meridian City Council Meeting Agenda — Tuesday, October 28, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop October 28, 2014 A meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, October 28, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Sherwood, Michael de St. Germain, Mark Niemeyer, 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_ Lucas Cavener X Mayor Tammy de Weerd De Weerd: I'd like to welcome you all to our City Council meeting. For the record it is Tuesday, October 28th. It's 6:00 p.m. I will just for the record -- we have an Executive Session at the beginning of our agenda. These are not open to the public, but we anticipate it will last 30 minutes. So, apologize for that. I will start tonight's meeting with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our 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 De Weerd: We do not have anyone to lead us in the community invocation. Item 4: Adoption of the Agenda De Weerd: So, we will move to Item No. 4, adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A couple additions to the agenda. Item 9-A, the resolution number is 14- 1028. Under nine we are going to be adding D under Community Development, and Meridian City Council October 28, 2014 Page 2 of 33 that would be sewer and water easements for the Volterra Heights Subdivision No. 1. And on Item 10, the ordinance number is 14-1627. With those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Item 5 -- or four. Sorry. I'm trying to rush this. Oh, it is Item 5. Gee. How about that. Item 5 is the Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(f)• Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. 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. EXECUTIVE SESSION: (6:02 p.m. to 6:35 p.m.) Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we come out of Executive Session and let it be shown that no decisions were made. Meridian City Council October 28, 2014 Page 3 of 33 Milam: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Consent Agenda A. Approve Minutes of October 14, 2014 City Council Workshop Meeting B. Approval of Change Order 1 to Task Order 10480 for "Water Division Facilities Assessment" to JUB Engineers in the Not - To -Exceed amount of $15,000.00 C. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "Waterline Replacement — Lynhurst PI to W Penwood Dr to End" project for a Not -To - Exceed amount of $61,798.00 D. Approval of Award of RFP and Agreement to Greenplay, LLC for "PARKS AND RECREATION MASTER PLANNING SERVICES" project for the Not -To -Exceed amount of $134,990.00 E. Development Agreement for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District F. Development Agreement for Approval: 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 G. Findings of Fact, Conclusions of Law for Approval: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition 1.4d) Pertaining to the Parking Lot Design Meridian City Council October 28, 2014 Page 4 of 33 De Weerd: Mr. Rountree is not here for that vote for the record. Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Cavener: Second. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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 7: Community Items/Presentations A. Continued from October 21, 2014: Annual Golf Course Update De Weerd: Item 7 is continued from October 21st. Who do I turn this over to? Mr. Nary? Nary: Madam Mayor, Members of the Council, I think the Council left it with a couple things and one was they had directed a discussion -- or direction from legal in regards to the lease and all I can tell you in reviewing the lease, as we discussed last week, there are provisions in the lease that equipment is not -- equipment is the responsibility of the tenant and the lessee. So, that was one question that was brought up. I think Mr. Oaas had some responses to some of the conversation last week, but I think the general gist of the conversation that we left it last week was does the lease give us some guidance as to what are capital improvements and didn't specifically define those in the lease. They are generally defined as, essentially, improvements to the physical property of the location of the tenant and, again, in our lease specifically equipment and appliances and such were excluded from consideration, they are the responsibility of the tenant. But there is the flexibility the Council can consider that depending on the value and the amount and I think that's sort of where we left it last week is I think an opportunity to be heard back from the tenant about the request. Meridian City Council October 28, 2014 Page 5 of 33 De Weerd: So, I'm assuming we wanted to hear back from the tenant. Nary: Yes. De Weerd: And I apologize coming in in the middle of this discussion, but -- Zaremba: We missed you last week. Milam: Yeah, we did. De Weerd: I know. I keep missing the opportunity to break a tie. If you will, please, state for the record your name, please, and your address. Oaas: My name is Erik Oaas. My address is 314 South 6th in Boise and, Madam Mayor, City Council, I appreciate the opportunity to appear before you again tonight and look forward to coming to a positive resolution with regard to the issue of the waiver of the, lease payment and what -- what entails capital -- a capital improvement and what doesn't. I think just very briefly, because I know your time is -- is at a premium, but very briefly, I think the one item that I think is probably the most important -- at least in my -- in my estimation is most important to both you as the landlord and owners of the real property of the Lakeview Golf Course, and us as the lessor, is how -- how are we doing with your asset. How are we -- how are we operating the golf course. Are we operating -- excuse me -- are we operating the golf course in a way and a manner that you feel is appropriate and is supportive for your long-term goals for this -- for this golf course and this asset of the community. My -- my personal feeling -- and I think that I speak on behalf of our whole team -- is that we are doing an exceptional job. The golf course, by all estimates -- by all estimation and any reasonable person looking at the golf course and the facilities would be able to -- to attest to the fact that the golf course is in better condition today than it has been ever and including the facilities of the golf course, you know, as well as the golf course itself. If we -- if we don't do the golf course right we don't do anything right. But from the perspective of the course itself, we have had comments over and over again about how incredibly beautiful it is, how well the course plays, how incredibly amazing the greens are and that's really the foundation and why do I say that -- why do I say that -- that I believe that -- that this is true? Well, let's see, this -- I will just give you a couple of examples. This year we had the Meridian High School class reunion event at the golf course and it was a huge success. It used to be held at another golf course here in the valley. They held it at -- at Lakeview this year and they were just extremely pleased with what happened. De Weerd: Mr. Oaas, I -- you know, I'm sorry to interrupt you, but I -- from what understand this is really about your request. I don't think anyone takes issue with the statement that the golf course is in great condition. It's more on the request that we have in front of us and that those aren't capital items and they have little to do with the capital plan that you submitted when we went into a lease agreement. So, I think what this Council is asking is in your opinion why you think that these qualify as expenditures that warrant waiving the 6,000 dollars. Meridian City Council October 28, 2014 Page 6 of 33 Oaas: Sure. De Weerd: So, if I can focus you on that. Oaas: Sure. Absolutely. De Weerd: But I will -- I will say for the record I agree with you on the condition of the course. Oaas: Thank you. De Weerd: And I would compliment your staff, because it does look very good. Oaas: Yeah. Thank you, Madam Mayor. With regard to the capital items that we have proposed for this year, I understand the Council's concern from last -- last week and understand the Council's questions. I think from our perspective there really are two issues. One is the fact that we -- we had discussed with the Council -- when we put our seven year plan together we had discussed with the Council the -- the additional golf carts would be -- would be part of the seven year plan and from our perspective if they were replacements only, then, I would certainly agree that -- that they should not be part of a new capital expenditure. But in this case if -- if, in fact, we can -- we demonstrate that we have expended the funds necessary for the five golf carts that I -- that we have been talking about, we would request that that would be considered. And, then, secondly, we would request that because the -- the items on the seven year plan are substantial in nature and -- for example, the -- just the rebuild of the number nine green, the estimate is anywhere from 15 to 25 thousand and from our perspective these are the kinds of things that we want to do and we will continue to do. What we would request that the Council consider carrying over from one year to the next when there are major expenditures, such as -- as the expected expenditure on number nine. Those would be the only two points that I would like the Council to consider. De Weerd: Okay. Oaas: And I'm open for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Erik, I -- checking around and everything, I couldn't find anybody that could tell me whether it's replacement or new -- a golf cart was capital improvement. But, anyway, how many did you -- how many new ones did you add to your fleet this year? This year. Oaas: Councilman Bird, we are -- we have not added any. Meridian City Council October 28, 2014 Page 7 of 33 Bird: Okay. So, what we are talking about is from September -- or October 1st, 2013, to September 30th, 2014. Right? Oaas: That's correct. Bird: Okay. So, we have -- we have not purchased any of the golf carts. Oaas: That's correct. Bird: While you believe it is capital, I don't, but that's neither -- we don't have to argue about it this year, because you didn't purchase any. Right? Oaas: That's correct. Bird: Okay. Everybody I have talked to the course is as good as it has ever been and appreciate that and we as landowners expect the course and the running of it to be right. We -- we shouldn't tell -- in my opinion we don't need to be telling you how to run your golf course. But we do want us to see our assets maintained and kept up. But this is on a year-to-year deal, so I think -- I don't see any capital improvements from October 1st, 2013, to September 30th that I would call a capital improvement, so while I know that I voted last week, I have got to -- this week I have got to vote that we receive the 6,000 in rent for this year. Oaas: Thank you, Councilman Bird. De Weerd: Any other questions for Mr. Oaas? Oaas: Madam Mayor, could I just respond just very briefly? And, Councilman Bird, you're -- you're correct, the only -- I guess the only question that I would have is that if we had any knowledge that -- that the capital items that we submitted this year would not be considered capital, we would have shifted our dollars maybe in a different direction and -- you know, and acquired the golf carts prior to October 1st of this year, so -- De Weerd: But, Erik, I mean the conversation's always been that it was pre -approved and so those items were never discussed or you would have heard from the golf committee that those items aren't capital. The only thing that we have ever discussed at the golf committee meeting -- and I wasn't at -- this fall, have been improvements to the land, which is a capital improvement, and conversations to the carts and that's not what you have in your letter. So, I guess we need to maybe get back to the basics of the lease in terms of having the discussion so you know what is qualified and what isn't. Oaas: Sure. De Weerd: And if you would like us to call -- to convene the golf course committee again and have that discussion on what constitutes the capital expenditures, we Meridian City Council October 28, 2014 Page 8 of 33 certainly can do that and I know you have a very eager committee that is very receptive to coming together and having those conversations. So, certainly I will put that on the table to offer in moving forward to help with that qualification and conversation. Oaas: Madam Mayor, thank you. I don't think it's necessary. Again, it's just -- it's just the direction that I -- I walked away from -- from the golf course focus committee was maybe a little bit different. But I understand completely. I would only request, then, that the Council consider carrying over when there are substantial expenditures -- that, essentially, that the Council consider carrying those dollars forward, so that -- so that in the case of the -- the rebuild of the number nine green, that if we -- if we spend substantial dollars, which we will, that that be considered in future -- you know, in a future year as well. De Weerd: And, Council, what I would recommend, if -- if you would want to at least consider that, is bringing it to the golf course committee and having the conversation there and bringing a recommendation back, if -- if that is appropriate. And I guess I would ask Mr. Rountree what your thoughts are on that, since you're the unofficial chair or official -- I just made you official. Rountree: The unofficial chair of the focus group, uh? De Weerd: Yeah. Rountree: I think considering that as an amendment to the agreement is something that the focus group should look at. Particularly if we are talking about big expenses, because that's what we want anyway. So, how do we -- how do we give an incentive to get them done, as opposed to just small increments and the question about what is capital, which has been a problem from the get go. I would suggest that, yeah, that's an item that we put on our next agenda for discussion. I would also like to see a statement of what is and what isn't capital expense, so Erik knows and we know. I would also like to reinforce the contract language that indicates that there is a pre -exposure and preapproval of any capital expenditure, so if you're proposing to do something it gets brought to the city and, then, you get the feedback that it is or is not a capital expenditure, so we don't go through this. Having said that, if that happens, then, there are provisions in the agreement that we don't necessarily have to go through the request for a waiver, we have already documented it. So, that would be easier for all of us. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To Councilman Rountree's point, what might be helpful to that committee is -- to put something on Mr. Nary's plate is to craft language with Mr. Oaas that -- that starts off articulating some of those points. In particular, you know, the scope of what everyone -- what we think we mean by capital improvement is that property which is and Meridian City Council October 28, 2014 Page 9 of 33 will remain owned by the city and there is probably a more clear way to articulate that, but it's not, you know, tables and chairs and fryers and carts and things of that nature, because we are not going to own it, we are not going to keep it, you're going to possess it. So, that might -- rather than have the committee try and articulate that definition is have the two of you try and do that and bring that -- De Weerd: In advance. Borton: -- to the committee. Nary: Yes. Borton: And, then, the comment. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I like the idea of having the committee weigh in on all of these subjects. think the Mayor and this Council and previous Councils have been very good about having commissions and committees provide us with support and information and recommendations and I like that process and I think it's appropriate in this case as well. I would comment a little bit further. We don't necessarily need to invent by opinion what is capital and what isn't. The IRS has some pretty clear definitions of it and I suspect that if we just had an accountant look that up and I don't know whether there is an accountant on the golf course committee or not, but -- De Weerd: We can all act like one. Zaremba: Yeah. We try. But we don't need to formulate opinions about that, there are IRS rules about what's capital and what isn't. My recollection is it's things that are permanently affixed to either the building or the grounds, not things that are movable, but somebody could look that up in the IRS code and we would have an actual answer and I would prefer that. Oaas: Councilman Zaremba, thank you for your comments. I think rather than going that far, I think the conversations that Mr. Nary and I have on the topic I think would be very helpful. A capital asset, even by definition in financial accounting, is an asset with a useful life of more than a year and it's not purchased in the ordinary and normal course of the business resold, so -- De Weerd: That's not the world we operate in. Oaas: No. I understand. De Weerd: It has to have a much longer time than that. Meridian City Council October 28, 2014 Page 10 of 33 Oaas: No. No. I understand. But I'm just -- I'm just telling you that we won't find guidance, unfortunately, there, because it's an asset with a useful life of greater than a year and I think we can get to where -- where you want to go, you know, by defining this with -- with Mr. Nary and I. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think -- I love where this is going and it may be unfortunate, but for this past year the rent relief is not granted, but what I think we will find when you come back in the fall, presentation won't be about rent relief, it will be about, you know, the state of play, the number of rounds, and growth in membership and more a general report on the performance of the course. I think the city does I think have some interest in how it's run. I think you brought that up at the start, the -- how we operate and you may have lots of instances to share successes and the city is interested and if there is not successes I think the city is interested, quite frankly, capital improvement this or that. So -- and I know the lease speaks to some of those points. There has been communications to the Council that you have seen about operations, I think that's a discussion for a different day. Oaas: Thank you, Councilman Borton, but -- but, again, we would hold very firm that the operations and the course are in far better condition than they have ever been in the life of the course, so -- De Weerd: Okay. Anything else from Council? Anything else, Erik? Oaas: No. Just that we appreciate your time and know that you have spent more time on this than you have preferred, but I think it's a good discussion and -- and Mr. Nary and I will get together and carry the ball forward. Item 8: Items Moved From Consent Agenda De Weerd: Very good. Thank you. Okay. There were no items moved from the Consent Agenda. Item 9: Department Reports A. Mayor's Office: Resolution No. 14-1028: Resolution Appointing Brad Pfannmuller to the Impact Advisory Committee De Weerd: Council, under 9-A you have Resolution 14-1028 for the appointment to the Impact Advisory Committee. Brad is here if you want to quiz him or really nail him with a bunch of questions, but he will be representing the BCA and, Brad, do you want to add -- do you want to say anything? You don't have to. Well, maybe I shouldn't have Meridian City Council October 28, 2014 Page 11 of 33 given you that out. But, no, we appreciate your interest and certainly Council, myself, or Brad can answer any questions you might have. Otherwise, I would appreciate your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we do this, don't we have to enact on the -- Nary: Madam Mayor, Members of the Council, you had a request for -- De Weerd: I'm sorry. Nary: -- relief. I don't think he withdrew it. I think he understood your conversation, but I was going to ask when you were done with this to say you probably should back up and make a motion and -- De Weerd: I can back up right now. Nary: If you want to back up right now. De Weerd: Do I have to make the noise -- beep beep -- sorry. Yes. Council, I would entertain a motion on the request for relief. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we deny the request for rent relief for 2013-2014 and direct legal staff to work with Mr. Oaas to quickly assemble the language that we have discussed outlining the parameters of capital improvements to be memorialized in a short lease amendment that will be reviewed by the golf course committee and Mr. Oaas, eventually be brought back before this Council, maybe before Christmas, maybe Thanksgiving, we will see. Soon. Cavener: I will second that. De Weerd: I have a motion and a second. Any discussion? Rountree: I would not be quite as optimistic on the timing, but other than that -- De Weerd: We will do the best we can. We certainly want to do it before Mr. Rountree leaves -- Rountree: Yes. Meridian City Council October 28, 2014 Page 12 of 33 De Weerd: -- for his hiatus. Yes. That's the deadline. We can have meetings as needed and I know that Mr. Barton has made copious notes as well from the Parks Department. Okay. Madam Clerk, will you, please, 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: Sorry about that. Council, we are back to -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we approved Resolution 14-1028 appointing Brad Pfannmuller to the Impact Advisory Committee. Milam: 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 ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Brad, for being here with us. Are you sure you don't want to say anything? I don't think they have any, just an appreciation you're willing to serve. Thank you. Yeah. Brad, maybe we should have asked you -- do you know what you just volunteered for. Yeah. Something like that. B. Fire Department: Emergency Medical Services (EMS) Joint Powers Agreement Update De Weerd: Okay. Item No. 9-B is under our Fire Department. Chief. Niemeyer: Madam Mayor, Members of the Council, thank you. I was kind of laughing how quick Brad ran out of the room there. Three weeks ago you -- you recommitted our position -- Meridian's position to maintain participation in the EMS joint powers Meridian City Council October 28, 2014 Page 13 of 33 agreement. I want to thank you for that. I'm happy to report that all agencies that originally signed that agreement are back on board and they have stayed on board. But one of the things you asked for is to get an update on where we have been and some of the successes that we have seen so far. In my opinion this has truly been successful and in a couple ways at the hundred thousand foot level. First, the folks that decided to come together -- you know, we -- we all know the history of EMS in the county over the last 30, 40 years and we could have continued down that path, but we chose to do something different. You know, so the first success was everybody just staying at the table. That was success number one. And everybody staying committed to looking forward and making things better and I have been very pleased at both the administrative committee level and the executive board level that that maintained throughout all agencies, both on the elected officials side and the administrative committee side, the boots on the ground that have been -- been doing a lot of work. So, that was success number one, just keeping everybody at the table. I can tell you over the first re -licensure cycle or the first re -up I served as the chairman of the administrative committee, that's the committee that got together and said what are we going to work on and how are we going to do it. Director Weston from Ada County Paramedics served as the vice -chair on that committee. We have now switched roles for this new cycle. He is now the chair and I am the vice -chair -- De Weerd: Don't look so gleeful about that. Niemeyer: Well, you know, I -- he's timed this perfectly, though. The first two board meetings I still represented the information to the committee, as he was off in Texas and somewhere else, so I'm starting to wonder about that. The Mayor served as the first chairman of this joint powers agreement, did a great job. Joe Steer served as the vice - chair. They just had their elections last week and how Commissioner Steers is the chair and Commissioner Yzaguirre is a pretty smart guy and he nominated Jim Tibbs to be the vice -chair in a hurry. Councilman Bird was there to witness that and have fun with that. So, that's your new board moving into this next cycle. I'm going to talk about a very recent development and I have asked Director Weston to come and talk about some of the other developments that we have seen, very positive developments that has either reduced cost or gained efficiencies and we are going to talk about those. One of the most recent developments -- we are starting to look now at deployment and how we respond and who responds and are we duplicating things that we don't need to duplicate and I was amazed that we put a sub committee together and within about three days they had two recommendations for us that they all came unanimous with smiling. I can tell you three years ago, four years ago, six years ago, if you would have started talking about -- we don't need to send all this, we don't need to send all that, that would have been a big challenge and a big struggle. They came out and said here is our two initial recommendations that we think are going to keep our critical resources in service when they need to be and still get the job done to the best ability that we can. So, those two examples are -- the first is diabetics. Most diabetics that we go on we don't take to the hospital, we have the ability to treat them on scene, get their blood sugar up, get them a meal and they stay at home. That's decreasing the burden on our healthcare community and our hospitals when we can do that. In the past we sent both Meridian City Council October 28, 2014 Page 14 of 33 an engine and an ambulance to go handle that call and there is no reason we had to. This committee said how about we send the closet ALS unit whatever it is, because we all can handle that call and we can keep others in service and available for the other calls that we have. So, that was -- that was number one. It's being enacted. Number two was what we call alpha responses. They are the noncritical, nonemergent responses that, again, we still send an engine and an ambulance to. We are tying up two resources for calls that we don't necessarily need to. So, now we will be sending the closest unit, whatever that is, an engine, an ambulance, a supervisor, to go evaluate the issue and if we need to call for resources we will. So, again, we are saving our critical resources, keeping them in service, not sending duplications when we don't need to. I know it may seem small, having been in the county now for many years that is a huge step and it's one that five, ten, 15 years ago we would have never gotten through. We would have fought over whose patient is it and whose jurisdiction is it and who is bigger and who is better and those things have truly gone away now and it's a new year and a new day and I'm very happy to report that. So, with that I would like to ask Director Weston to come up. We are going to talk a little bit about what we have done in the last year and a half and some of the other benefits that we have seen, some cost savings, some efficiencies, to let you know that this is working, we are very proud that it's working, we are very committed to it. De Weerd: Thank you, chief. Weston: Madam Mayor and Members of the Council, thank you for giving us an opportunity to visit about this. I wanted to -- to touch on a couple things. There have been -- you know, as Chief Niemeyer alluded to, probably the number one thing that we can speak to is relationship and I have been in Ada County -- and, actually, prior to 28 years ago I was in the City of Meridian working on Rescue One and so I have got a long history playing this game and providing this service and most of that history was clouded with animosity and trying to figure out, as chief said, who was bigger, who was better, who should have been in charge, all these questions that did nothing for the taxpayers and they did nothing for the patient and I'm very proud to stand in front of you today and say those issues are largely gone. Not only at the chief level, but throughout our administrative staff and all the way down into the providers in the fields that are providing the service, the animosities that have existed on scene and the issues that we have been dealing with over the years went away faster than any of us believe was possible. The collaboration you see, the respect and the -- just appreciation for what everyone brings to the table has allowed us to provide patient care in a way that we have not seen before and so I think overall that is -- is clearly the biggest win that we have seen and I think that will carry us a long way into the future. Some of the specific items that we have addressed -- first was medical direction. As we started this process everyone had their own medical director, figured out what was right for each agency within the system and, then, we would clash on scene, because we had conflicts in orders for what we should do for the same patient. In the process of forming the medical directorate under the joint powers board we have gone from -- I think a peak was six or seven physicians representing agencies in the system to two physicians, one from each of the primary emergency physician groups. So, we have one with the group Meridian City Council October 28, 2014 Page 15 of 33 that services St. Alphonsus, the other with the group that services the St. Luke's hospital and the two of them work together and we have one set of standing orders and expectations for every agency within the system. So, all those conflicts are completely off the table and everyone speaks into exactly the same spot and the outcome comes with one voice for all of us and so that is one thing that we have checked off the list. The other thing that was accomplished in that is in consolidating those services to a single contract we saved 12,000 dollars in the process of doing that to provide the service to all of the agencies. The next one that we picked off was medical supplies and each one of our agencies had a position responsible for ordering, inventorying and distributing medical supplies and so Ada County as an agency took on that responsibility and took on the cost of that responsibility to provide it for the system. Number one was to become more efficient in what we do. Number two is because we were billing for the services -- if we supplied all of it we could also bill for all of it and get some recouping of the costs that were expended in patient care, whereas if the fire department was doing it and we hadn't provided that service, we couldn't bill for that service. But as a joint system we are able to bill more efficiently. The other efficiency that we got out of that was that we took on all of the logistics and the distribution of those medical supplies. So, not only do we order and we buy in a consolidated package, but we also deliver the equipment and supplies to all of the fire stations or stock rooms that they have identified throughout Ada County, which has eliminated that function from within all of the other agencies for medical supplies. So, some of it was cost shifting as a fire budget into our budget, some of it was actual elimination of functions that had to be performed freeing up resources to do something that was of higher value. The next piece that we have taken on is record management. In our record management process each one of us had a very nicely siloed record management system, but they didn't talk to each other, we could not evaluate easily how we were doing as a system across the board and the ability to access what happened to the patient over the course of the incident was restricted to going to each agency involved and getting their piece of the puzzle and, then, going to the hospitals and sending the physician their to get the outcome data and, then, trying to reconstruct all of it. And so this project is to put all of us on a common platform that we share and be able to track a patient from the first arriving unit all the way to the hospital and, ultimately, back all the way to the provider on the first arriving unit. So, that not only do we get the patient's piece of the puzzle, but, then, we will receive and be able to distribute back the outcome data to provide education for all of the people that were involved in that care. You saw a patient, you saw a particular presentation, but you may or may not have a definitive diagnosis in the field, because there weren't the lab tests, you just had a presentation. Now those medics and the EMTs will be able to go back and view what was the outcome of their patient and integrate that into their ability to provide care going forward. The other thing it gives us as a system is the ability to evaluate field diagnosis and benchmark it against hospital discharge diagnosis. And so our QI abilities are greatly enhanced through this. The other software collaboration that we have had that has been very successful is in the training area. We have all moved to a common platform. Target Solutions is the vendor that is supplying that platform for us. Initially we all bought the same product, but we all bought it has agencies and we started trying to use it and figure out how we could share back and forth and quickly Meridian City Council October 28, 2014 Page 16 of 33 discovered that wasn't the target that we had painted on the wall. The target on the wall was to be in one system and so we went back to the vendor, had them create a single entity within their structure that we all resided. So, any training officer in any one of our agencies can develop and produce training and push it out to every medic and EMT across the board in all of the agencies. Again, it builds a level of collaboration, we are all training exactly the same way on exactly the same stuff and everyone has the same message that they have received in their training, they are all on the same page trying to accomplish the same task. So, the enhancement of what we are able to do as far as providing for the patient, again, is another level of enhancement way beyond what we have done in the past. The end result, as I said initially, though, is that providers in the field are developing relationships with each other that we have never seen before. The tension that had appeared on scenes on and off over the years are a piece of our history that we learn from, but they are not a piece of what we have going onward. So, those are the highlights. I would certainly stand for any questions you have and be happy to answer to the best of my ability. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Excellent. I think this is a wonderful thing that's happening. I think I have been hearing about this for five or six years. I know it's taken a long time to get it to this point and I think it's wonderful and your description is that it's achieving some of the goals that we all hoped it would and it makes sense to share equipment and respond with the closet equipment regardless of who it is. The only question in my mind that has come up recently -- this is not exactly a mutual aid agreement, but it's similar in nature and in a discussion with another municipality near us we had a conversation about services they may or may not provide and their response to me was, well, we have a mutual aid agreement with Meridian and that seemed to be how they were going to cover their needs was depending on Meridian to be the closest supplier. So, I guess -- I guess my question is pulled in and around this is there a way to determine if a jurisdiction is not pulling its own weight or contributing what it needs to contribute -- I have lived plenty of other places where they have had mutual aid agreements and there actually was an annual reckoning, they would go, okay, this -- this jurisdiction provided 3,000 hours of service to yours and you provided 2,000 hours of service to us. If it was within ten percent they ignored it, if it was more than that, then, there was a bill that changed hands and I'm just wondering -- I know that hasn't been part of the discussion of having some kind of an accounting and a balancing, but are you thinking about it? Is there a point where some jurisdiction is unfairly taking advantage of others and -- what's your suggestion? Niemeyer: Madam Mayor, Councilman Zaremba, excellent question. We have two types of aid in Ada County. One is called automatic aid, one is called mutual aid. So, they are a little bit different. Automatic aid is simply send the closest unit, regardless of Meridian City Council October 28, 2014 Page 17 of 33 jurisdiction and all that. We have some of that with some of our partners and we don't have it with some of our partners at this point in time. I went back through the history looking for it. Did we ever sign a mutual aid contract, has there ever been any signed agreements, and I could not find any in our history. So, we had that discussion at the chiefs' level. One of the things when it comes to aid is what's the reconciliation factor. In other words, we go to you ten times, you come to us eight, is that fairly fair? Yes, it is. If you had this massive offset we do have an issue. Within the fire service the mentality has been if you need mutual aid -- in other words, you're already on scene, you're tackling something, but it has gotten big enough that you need help, that's mutual aid and, absolutely, we are going to be there for you, because you know we are expecting you to be there for us and that is happening on a fairly level playing field throughout the county. When you start talking about automatic aid -- in other words, sending that closest unit regardless of that jurisdictional boundary, that's when we need to start looking at the data to say how do we compare left and right, up and down amongst all the agencies that are participating. We are a little bit different with EMS when we respond with Ada County, because we both have coverage areas within the same jurisdictional boundaries. But certainly as fire departments when we go to our neighbors we are going right now basically under our mutual aid system built into the dispatch system. With some of our partners it has become automatic aid, but we know that reciprocation is there, we have been able to see that data with others, we know that that is a little bit skewed. So, the answer is, yes, we are looking at that and trying to sell the -- find a good solution to it, so that citizens are still getting a good response that we are not lopsided. So, certainly that is an issue we are looking at. Zaremba: Good. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: The highlights are great, but I'm concerned about maybe some of the low lights and we -- Mark, you sent us a letter for the presentation last -- last week, which I, unfortunately, didn't open until the next day. So, I have it here and you point out some things that were not expectations I had with the JPA and that's the creation of yet another bureaucracy in Ada County in terms of a department in the Ada County system and the fact that as members of the JPA we are now helping finance yet another department -- De Weerd: No, this is -- that's another -- that's not this. That's Ada County -- that ACCEM. Rountree: That's ACCEM? De Weerd: Uh-huh. Rountree: But it talks about JPA in this letter. Meridian City Council October 28, 2014 Page 18 of 33 De Weerd: Well, that's because there is a joint powers agreement that's part of that. Rountree: Okay. So, that's a different one? Niemeyer: Yeah. It's a different JPA. Rountree: Okay. That's good. De Weerd: I just -- I just don't want Darby to hold any responsibility for ACCEM -- or ACEEM. Rountree: So, then, my question is is the one on emergency management a model that maybe ACCEM could utilize to get their act together? De Weerd: Amen, Niemeyer: Madam Mayor, Councilman Rountree, I would love to answer that question. Yes, I believe it is. We collaborate, we share resources to come up with a final product. We may do something in Meridian and lead the way and contribute our funds or our time. You heard about Darby and the stocking solution and the inventory solution. We are all working together for the same goal. There is no one agency spending so much more than the other, it's not a matter of contribution at this point and being out of bounds. I think it's a great model for the ACCEM issue that -- that you raise. It's why had problems with the JPA as it was written, because I didn't feel like it did that -- it didn't bring that collaborative working relationship together for a common purpose. I completely agree with the -- Rountree: And, then, my final question is are there any tough issues you're facing with the current -- Niemeyer: With EMS JPA? Rountree: EMS JPA. Niemeyer: You know, we have been waiting for that, to be honest with you. We have been waiting for that one issue that's really going to challenge us. I think we have -- with the RMS, our recordkeeping system, that may be a bump in the road, because we have some agencies I think that want this and we have some that want this and we are going to have to work through that. But I think a positive is you have a good enough working relationship now with the chiefs that we can sit down and have that conversation and get through it. Some of the deployment issues that come down the road are going to be challenging, but I think this group is up to the challenge. So, yeah, there is going to be bumps in the road, we know that, but I think we can overcome them. De Weerd: Darby. Meridian City Council October 28, 2014 Page 19 of 33 Weston: Yeah. I think -- you know, one of the things that we have done that was unique in the structure is requiring unanimous consent and we got some flack right off the bat for that, because, well, you could just grind this whole thing to a halt requiring unanimous consent. But I will tell you without reservation that that is the -- the one piece of the puzzle that has allowed it to be successful, because until we have solved the problem so that it's the right answer for everyone sitting at the table, we don't have anything to bring to the joint powers forward and so at the chiefs' level when we struggle with something, that's fine, because we don't always have the same view, we don't always have the same opinion, but we have to find that collaboration that brings us all to the same point where we get the value we are looking for and no one is damaged in the process and, then, it's ready to go to the board and while it makes for a slower process, it makes for a really good product. De Weerd: Thank you, Darby. I totally agree with that, because I sit on both of those -- two different -- two different environments. That's the only word I could come up with, so -- and I truly appreciated being a part of the initial work. I'm glad to hear I'm no longer the chair and I eagerly turn that over to Joe, but I'm excited with the progress and as you continue on -- you did accomplish some of the low hanging fruit, so it will get meatier from now on, but I think you have the right butts in the right seats and -- and that's important. People are seeing things a little bit differently and that's a positive thing, because ultimately one thing that this particular group understands is, one, the why and, then, the how and what comes easier and so -- and there is certainly a dedication to making a difference in understanding that your customers are your customers and our citizens and everyone at the administrative table's citizens. So, this is -- this is a model that we hope can be replicated in other places. Weston: Yeah. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, just as a preview for Council Rountree and the rest of the Council, that ACCEM agreement is on for next week for conversation again. De Weerd: And do we have -- we are drafting a letter to follow up from last week's conversation to get the clarity from the county that was sought in the conversation last week. So, hopefully, we will have that reply next week. Otherwise, we will delay it another week. Niemeyer: Yes, ma'am. De Weerd: Okay. Bird: Madam Mayor? Meridian City Council October 28, 2014 Page 20 of 33 De Weerd: Mr. Bird. Bird: ACCEM is a complete different ballgame and -- you're going to have to do a lot more for me to be in favor of that, because all we are is we are paying 28,000 a year to be an advisory board. We have -- we do not have any say. I can't believe that the elected officials even looked at that last draft, but that's me. De Weerd: And when that's a topic on the agenda I will respond to that. Niemeyer: Back to happy times. De Weerd: No. And you were at that meeting where it was sent forward. Bird: And I didn't agree with it then. De Weerd: Well, anyway, I do appreciate, Darby, that you joined us tonight and the joint efforts that have been going on. Greatly appreciate it. Weston: Thank you very much. C. Community Development Department: Update on Economic Development Plan Implementation Efforts De Weerd: Thank you. Okay. Item 7-C is under our economic development efforts -- Rountree: 9-C. De Weerd: Or 9-C. Sorry. Turn this over to Bruce. Chatterton: Mayor and Council Members, appreciate this time to spend a few minutes with you talking about our economic development strategy. You probably remember that back in June you heard the final presentation from the consultant. In fact, Sean Garretson is here with Pegasus in case there are any questions about his work and his role in this. But since that time some interesting things have happened. We have taken this -- the handoff from the consultants. Of course this never was strictly a consultant - led effort. The community had a lot to do with crafting this new economic development strategy. But some interesting things have happened that I want to visit with you a little bit about and, then, talk about some next steps in terms of implementation. I want to make sure at every point that you're okay with these steps and also get your ideas on if -- should we be doing something else or doing something differently. Well, as I said, we learned a lot from the community. We learned a lot about companies that -- at least some of us, including me, were not aware of we had in our community. Committed individuals that care about the economic vitality of our community. In the process we determined what our best targets should be for the industries and companies that we want to attract and pursue. We learned how to develop our local economy from the inside out, this idea of economic gardening, if you forgive the term, this idea of creating Meridian City Council October 28, 2014 Page 21 of 33 the -- the atmosphere, the environment that attracts entrepreneurs, that builds entrepreneurs from inside our community and steps that we can take along those lines. so, all very exciting stuff, but in the process of learning these things something else pretty special happened. I think all along we felt that -- and realized that economic development can't be just Brenda with an assist from the Mayor and from the Mayor's office, that there has to be a bigger team and we feel that we have been able to put that team together. Also we have some doubts that the community -- individual stakeholders, institutions, would come together around the strategy and that's proven to be really beyond our expectations. Folks really have come together around these recommendations to advance the strategy. So, through those conversations with the community in general, our business community, the chamber, MDC, educational institutions, we really have a new sense of direction, a new sense of urgency, a better sense of mission and the ED plan now has its own steering committee, which is officially sanctioned by the chamber and maybe most importantly we have got a new sense of partnership, perhaps stronger than we had before. More of a team. Now, the committee has been working with the economic development strategy document for a few months now and what I'd like to do is just spend a few moments talking about some of those directions that they feel we should head. Effectively looking at the plan, what are those next steps. What with our limited resources can we do to band together to advance the -- efforts behind this plan. So, first off -- you have been staring at this for quite some time, economic strategy. There is more to it than that. There were several goals that were set by the ED plan. First off -- and I apologize, I did not misspell anything on here, it's cutting off the end of some of these phrases here. De Weerd: Yeah. Right. Chatterton: Yeah. No. No. It was fine on my computer. It's a display problem here. So, we talked -- we talked about economic gardening. We are hoping -- and, exactly, Mr. Bird, what does innovatio mean. I'm not sure. Complete talent and innovation. Economic gardening. Land use transportation infrastructure. This is another whole area that I'm really not going to be talking about today, because it's part of our strategic plan that we are working on with the Mayor and you all and some projects will be emerging from that. Strengthening the downtown and place making. Really the quality of space in downtown. Now, those are the overall goals. So, returning for a second to the overall strategy, there were several catalyst projects that the consultant recommended. These are not exactly the priority projects we are moving ahead with, even though we feel that they are all important, but we feel that there is some low hanging fruit, an ability to answer some questions that could really benefit the community. So, those catalyst projects from the -- from the study were a downtown conference center and I will show you how that's evolved in terms of our history. An innovation center, basically a tech center and an incubator and, hopefully, an emphasis is always in our downtown. An agriculture innovation campus. Agri -tourism development and ag-oriented real estate development. Really going to focus on the first two. The ag-related initiatives and projects are important, but we are sort of doing a different track. We want to make sure that those don't get lost and so we have been having conversations with other jurisdictions and hope to come back to you about that in Meridian City Council October 28, 2014 Page 22 of 33 the near future. So, what are the projects the steering committee feels that we should be focusing on? First off, the downtown -- downtown multi -use and event center. You can see how this has evolved a little bit from a conference center and I'm going to go into a little bit about what that might be and some of the things that we want to take a look at. Borton: Madam Mayor, real quick. Bruce, can you give me the parameters of downtown? It's more narrow than MDC's boundaries; is that right? Chatterton: Yes. Well -- wow. Borton: For the purpose of this discussion. Chatterton: I think we would want it in the downtown core, which is, you know, roughly, the area serviced by the -- by the split corridor, you know, between Fairview and -- and the interstate. There is also, of course, gateway parcels at either end north and south. Does that make sense? De Weerd: I know from the Waltman, 1-84 to Fairview, and could possibly include the McFadden property on the corner of -- of Cherry and Meridian, but that -- that corridor. Chatterton: MDC does have property -- Borton: A general boundary. Chatterton: Yes. De Weerd: Uh-huh. Borton: Thanks, Chatterton: Next project, as I mentioned was the innovation center -- entrepreneur and innovation center and have a little bit more to say about that, but Brenda is here to also talk about some of the things we have been doing to further that idea. And, then, finally, this idea of urban renewal expansion. That is for the right project, using the urban renewal tool in the right way to help plan the business recruitment situation. So, there is more to be said about each of these. I just wanted to lay those three out and maybe have you think about them for just a second. I'm going to drill down a little bit into the -- into each of them. Any questions before I -- De Weerd: Bruce, I'd almost name that third one urban renewal expansion for economic development. Chatterton: Very good. Meridian City Council October 28, 2014 Page 23 of 33 De Weerd: Standing alone you will immediately get people's shackles up and -- because that's really what you're doing. Chatterton: And, Mayor, that's an excellent point. The state legislation allowing urban renewal does allow for economic development purposes. We always have to make sure that we are doing it in just the right way and using those tools in just the right way and perhaps it's important to make sure that everyone understands that we are using them in the appropriate way. Let's talk a little bit about the downtown multi -use and event center. So, again, it started off as a conference center, we began to realize that there were -- there was interest in -- much more than just a conference center. Could there be, for instance, a museum component, a performing arts component. A sports component, perhaps an outdoor sports venue. As long as we -- we are looking at the feasibility of a conference center and the demand for it, why not look at these other uses to make sure that we are not leaving something on the table. None of this says that. None of this says that all of this would be on a single site and none of this says that we would do any of it at all. It's a look see to see really what the demand is. So, let's talk about that a little bit more. This picture is also in the economic development strategy plan. That happens to be the conference center in Salem, Oregon. I understand it's about 30,000 square feet. It's an example of a conference center which has been right sized to the demand of that particular community. So, what we are suggesting is that we embark on a project development plan to look at this multi -use and event center. Some of the uses, as I mentioned, could be a conference center, performing arts venue, sports venue, library, a museum or cultural center. Again, not all these things necessarily would be in the same building or be on the same site, but they all have interest -- varying levels of interest from the community. What we are proposing -- and I can come back to you with -- with a proposal -- actually, Pegasus has put one together. This would be continuation of the work that they are currently doing with us -- would be a project development plan that would look at each of those uses, coordinate the stakeholders and partners. So, this effort would not be just about a consultant sitting and crunching numbers in a dark room, this would be as much about going out and talking, building partnerships, learning from the community about what -- what the needs are. Already we have been approached by several possible partners in the arts and cultural community. We want to be able to pull that together into a conversation that we can all have. Determine what the specific uses and the users of these -- the projects. And, again, very important. This is not all we want to do, but very important, the financial analysis and funding piece of it and there are some other aspects to that as well. An appropriate tool allowed to us under Idaho law is an auditorium district. You have seen what Boise has been able to do with theirs. Pocatello also. Is this a tool that's right for Meridian? I don't know the answer to that, but that would be one of the funding sources we would be looking at. TIF could have application either here or outside the current urban renewal boundaries and also partnerships as well. So, that if we are talking about anyone approaching the city for money, that conversation needs to be here is what we are trying to do and here is the gap. We want to identify that gap first before we talk about any other possible sources of funding. Site selection and physical planning. Pegasus under this -- under this proposal wouldn't be actually doing any of that, but they would be working with our own Brian McClure in my department, Meridian City Council October 28, 2014 Page 24 of 33 very talented urban designer, to find sites and to do some conceptual planning physical planning for it. So, we can save money in that way. De Weerd: So, Bruce, would that include transportation elements or connectivity, whether it's through, you know, a connecting public transportation aspect or a pathway, bikes -- now, I don't know what, but would it include something like that under the physical planning element? Chatterton: Mayor, those would be very critical considerations. The livability of the downtown, connectivity, multi -modal is very important -- you know, Council Member Zaremba can tell you how important ground transportation can be to the success of a conference center, for instance, and other sporting venues as well. Yes, all that would be -- those would be considerations. De Weerd: Okay. Chatterton: So, what we would like to do is come back to you with a -- with a proposal possibly next week for a project development plan. Right now we are looking at 30,000 dollars over three months. You have, by the way, budgeted money for this in the Council budget, that is a feasibility study for a similar use. So far the chamber is the only group that's ponied up for this study. They have pledged a thousand dollars and, that's great, we asked them to do that, because we really want them to have the sense of ownership and they do, indeed, have -- have that sense of ownership. MDC actually tell me that they will be considering -- will be proposing that the MDC contribute half of the remaining 14,500 dollars. So, we would be looking at -- out of the city's pocket for this work about 14,500 dollars. So, Sean's here to answer any questions. We do have a couple of other projects we will talk about. Any questions about -- about that idea of doing a project development plan? Rountree: Good idea. De Weerd: I would say amen. Chatterton: Okay. De Weerd: Amen. Chatterton: The entrepreneur and innovation center. So, an excerpt from our economic development plan. Currently what Brenda has been doing is coordinating partners and stakeholders, talking to a lot of folks and I can't even tell you all -- who all she's been talking to. But these were folks that know how to run incubators, know how to run tech centers, which would perhaps be a difference now between what we have done in the past with ATC is that we get the right manager with a track record and we need to identify funding. We do have a building. Obviously, there would be some conversations with -- with you all, perhaps it would be old city hall. In terms of trying to attract interest, we have been talking about -- about old city hall. Coming up with the right lease for our Meridian City Council October 28, 2014 Page 25 of 33 purposes. Finding out exactly what the city participation -- if there would be participation beyond providing the facility, we would find that out. And, then, ongoing assistance and marketing, because it would have to be a partnership. And if you ask much more than that, you will be at the limit of my knowledge on this and if you have any questions Brenda is as well. So, anything about the -- even incubator. Again, an incubator, a tech center, innovation center, is all part of first reinforcing the downtown, but also it's economic gardening. It's presumably the start up involved in such a tech center would be those entrepreneurial millennials and entrepreneurs of other agencies as well. And that's all part of bringing those types of jobs to the downtown to help make downtown more vital than it is currently. Questions or thoughts on that? De Weerd: Bruce, I would imagine that part of that would be some kind of an exit plan as you incubate the -- the business, the hope is to grow those businesses in a fiscal space in downtown. So, to make sure that there is a plan on how they exit the tech center and enter into their -- their own physical space and -- and I know part of the MDC's endeavor they are just going into in both the housing -- there is a component to that that would a protection type for these new upstarts to keep it affordable for the first year or two, so we can keep them in our downtown, because the whole idea -- and this isn't new to -- to the Council Members who were on before last January, but the idea of city hall was to really have a destination for entrepreneurship, have a think tank and activities that draw people down here and create synergy for successful entrepreneur launches and, then, capture them in space available in our downtown. We -- we do hope it is in our city hall building, but regardless -- and I know that MDC had that same vision. They were paying someone to do it. We don't want to do that. But looking at how we can create a win for our downtown to really create a lot of energy behind creating that entrepreneurial district. Borton: Mayor, your -- especially the first part of your comments, to me that paints what victory looks like -- success looks like in this endeavor. Startups that are nurtured along, become successful and they move out into the community, we would certainly welcome them in the downtown and want to have site space available for them, but that's what success looks like. And, really, having that snowball effect of -- of incubate jobs, send the checks off for more. De Weerd: And that's what you call economic gardening; right? Chatterton: That's right. That's a big part of it. Borton: Madam Mayor? De Weerd: Mr. Borton? Borton: Bruce, maybe it's under the craft lease portion, but we have talked about one of the components to make this successful is to truly understand the physical requirements for an incubator, what's the space, what type of expenditures may be needed, if any, to lay out the structure to be successful. Meridian City Council October 28, 2014 Page 26 of 33 Chatterton: Mayor and Council Member Borton, yes, that is -- that is -- again, we are just in the -- we have walked a few folks through the building at this point and talked about what that might be like. I think everyone is aware that ultimately an incubator -- perhaps that either -- for instance, old city hall, if that's where it is, would have to be modified in some fashion. Again, is that our responsibility? Would that be -- that of the entity -- the management entity that would be coming in, ultimately, old city hall might be just the beginning -- it might be the incubator for the incubator. Perhaps that is part of the -- the slash, the multi -use center, perhaps there would be the offices for an incubator there -- a tech center there as well. Borton: Madam Mayor? Kind of where I'm coming from is -- if we are told that in order for an incubator to be successful, from experiences throughout the west, or even throughout the country, it has these types of common components, whether it's the type of fiber that's available there to the meeting space, the layout, whatever it is, we just don't want to go down the road and open an incubator that's not structured in a way that allows it to be successful. Chatterton: Yes. Borton: However expensive that may or may not be, then, we can decide what funding tools can get you there. But we really want to know what that structure would be to be most successful. Chatterton: And, Mayor, Council Member Borton, what I hear you saying is that you want us to come back with a solid proposal about what -- what the right model is for the incubator -- physical and in terms of management and talk about what needs to happen. And, again, we don't have that plan put together yet, but we certainly will. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add -- I don't know, maybe I have invented my own concept of what I think an incubator is, but to me it's not just based on infrastructure, an incubator supplies some business services as well. I mean the assumption to me is you're taking somebody who maybe has invented a widget or a service or something and they know how to make that widget or that service, but they have no idea how to run a business and so an incubator provides common to all of their incubating companies within that structure some accounting specialties, some business management specialty, almost like getting an MBA handed to you, you know, or their services. So, the structure would need to include how are those services performed for the incubates, if I'm correct about that. Chatterton: Mayor and Council Member Zaremba, yes, shared services may, indeed, be part of this model. Another part of it is -- is -- and going back to Council Member Meridian City Council October 28, 2014 Page 27 of 33 Borton's comment, is the space suitable for collaboration, which is also a big part of what -- what they started to do. Brenda, Sean, anything you want to add to -- to these considerations? You can tell we are just getting our feet wet in this conversation. Sherwood: Madam Mayor, Members of the Council, thank you very much for giving us this opportunity. I'd like to address, first of all, Councilman Borton's question about whether or not this space would be acceptable for a think tank kind of area. As you know we did give the 30 day notice, so they are actually moving out now, so we have had several contractors that are going to walk through that space and give us an estimate of what that looks like, if there is any needs. So, we will come back to you with that information. The second thing, of course, that you talked about, the shared services, that's part of the programming as well. So, there is a variety of things from mentors to starting -- writing your business plan, a lot of the banks are involved, about how to finance, patent attorneys, so there is a variety of people that are involved through our executive board at the chamber. And we are also applying for a grant that could actually address some of those needs for the space physically. De Weerd: So, Brenda, is there any kind of a written scope or purpose statement or anything like that? That would be helpful to get to the Council. Sherwood: Yeah. Today we were just going to do a little overview, but we are actually going to have a couple of the managing partners that are looking at this space to come back with those proposals for you and they will be going before Council within the next -- probably two weeks. , De Weerd: Okay. Sherwood: Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Are those -- are either of those individuals or groups coordinating with the contractors as they walk through the space that -- Sherwood: Yes. Yes. And we will also coordinate it with our engineers here at the city to make sure that, you know, everything is up to par. Some of the space that we are looking at is in the basement. Is that a possibility or not. Things like that. Yes. And it might not be. So -- exactly. So, those are the things. We will make sure that we walk through with a fine tooth comb and look at what those possibilities are. But yes. De Weerd: And I do think there is an excited partner that does have grant money available potentially that could cover what is needed to make that space into something that will truly incubate businesses. Meridian City Council October 28, 2014 Page 28 of 33 Sherwood: Absolutely. Madam Mayor and Members of the Council, I know we talked about the steering committee and how they really help to drive this initiative and I will tell you I have not -- I mean this has been a project that the executive board has wholeheartedly been helping to push this forward. So, a lot of -- a lot of the things that have been going on and a lot of discussions are going to be in kind donations and we will have that pretty much laid out for you. But a lot of those members of the executive board, they have been part of sort of these mentoring and these kick stand programs where they are like we are utilizing -- not only that, but I think one of the things I was excited about was that we have the school district on board as well and right now a lot of these students are programming for a lot of the businesses that are part of this executive board. So, they really believe in it. So, we had a lot of -- a lot of involvement and just a lot of support from our board. De Weerd: Well -- and I think it's -- it's been touched on. We have certainly talked about this, but -- and I will give kudos to Pegasus. I think this project certainly brought people together for -- towards a common vision. It helped define roles and responsibilities. It certainly created a lot of energy and excitement, but more so in addition to the better sense of the mission there is ownership and that ownership was created through the anticipatory approach that Pegasus had in delivering the product that -- that did come in front of you a couple of months ago, but this group really has their eye on the ball and there is a lot of enthusiasm and -- and people willing to carry that ball that is not city and that's what I'm excited about, so -- Chatterton: Why don't you hang for just a second, because we are talking about the next piece. And, Mayor, that really -- that point can't be stressed enough. It's -- we knew that to execute -- to implement any one of these projects we would need partners and we are beginning to see partners step up and realize this stake that they have in these projects and the energy behind them. So, that's huge. Finally -- I won't spend a lot of time on this idea of urban renewal expansion for economic development. I'm going to add that. But it's very important, because that would be the reason that we would -- would do it and expansion isn't close, because we would not be expanding any of our existing boundaries of our urban renewal districts. The idea would be that for exactly that pearl of great price, the business recruitment opportunity, for someone to come in that needed -- let's just say infrastructure, their infrastructure deficiencies in the area, under the right circumstances there is several areas within the city, including the Ten Mile area covered by our master plan that might qualify for urban renewal based upon the fact that there are deficiencies in infrastructure in the area right now. So, for urban renewal expansion -- so I did include a picture from our Ten Mile plan by the way, in terms of what our vision is for that area, we would want to engage stakeholders, any property owners that would be affected, the business community, we would want to bring our elected officials, especially the state level along with us and we had that in conversations with them. I think everyone is in agreement that doing this appropriately, using these tools in the right way means that they might not be snatched away from you. So, it's very important to us and, really, the state of Idaho that we go about this in the right way. We would also be preparing an eligibility report with a mind that -- that we would have a stringing plan, that is a plan ready to go, sort of fill in the blank template Meridian City Council October 28, 2014 Page 29 of 33 approach should there be an opportunity to plan for it, but we want -- the point here is not that we would use these tools, it's that we want them ready in case we need them. Any thoughts on -- De Weerd: And you know that there was a legislative task force or a group that went down to Salt Lake City that -- that looked at the use of urban renewal for economic development and as I understand it there will be legislative efforts to enhance this tool for economic development similar to what they have done in Utah. So, it's very positive, but turn out is kind of maybe less encouraging, it's gotten more encouraging in terms of further developing tools for our tool chest to find that right employer that fits the criteria that I think that the state has set a template or sideboards to what would qualify for these kind of tools, that certainly we don't have to reinvent the wheel. Any questions from Council? Bird: I have none. Rountree: I have none Chatterton: Mayor and Council, in particular, since Mr. Garretson is here in the room and likely -- most certainly won't be when this -- the project development plans scope of services is up before you, please, take advantage of him being here as well. De Weerd: I wish I could. I just can't think of anything. Chatterton: All right. Well, thanks so much for listening. We appreciate you taking the time. This is very important to us and we know it is to you as well. Bird: Thank you. D. Amended onto the Agenda: Water Main Easement for Volterra Heights Subdivision No. 1 and Sewer and Water Main Easement for Volterra Heights Subdivision No. 1 De Weerd: Thank you. Okay. We did have something added to the agenda under 9-D, which is Volterra Heights and discussion of easements. So, I will turn this over the Bruces. Freckleton: The Bruces. Good evening, Mayor and Council. It's good to see you. don't get here very often. De Weerd: And, excuse me, Bruce. Just for the record Councilman Borton needs to leave us, so thank you. Freckleton: Well, good. It's good to see you. It's been awhile since I have been here. Try to be real brief here with these comments, but we do want to thank you for your consideration of this request. We know it's -- it's definitely outside of protocol to be in Meridian City Council October 28, 2014 Page 30 of 33 front of you tonight asking for your consideration. So, do appreciate it. The project that we are talking about originally came through our process as Bridgetower Heights. It was a development that began years ago by Frank Variel. You might remember. Frank Variel and I believe Ed Duse was involved. The project started I believe in about 2006. Changed hands with the improving economy. We got a new developer that's involved and he's finishing it off. It's a very interesting development in the fact that the -- the roadways that they have done are all brick pavers, they are not asphalt roads, and it took this developer a considerable amount of time to get those approved through the Ada County Highway District and -- and get -- you know, get them approved as a public road. It's certainly not a new concept to have brick pavers, but it is new for a developer to take that kind of a leap and try and create something unique in Meridian and it's a very nice development. The problem that has -- that has kind of initiated us being in front of you started with -- we had -- the plat came through our process -- like I said, it was Bridgetower Heights. Once the plat was signed by our city engineer and the city clerk, made it to the county, the county surveyor rejected the name, even though the county had approved the name previously. So, they had to back up, change the name, they went back to Volterra -- Volterra Heights and it's now sitting on the -- on the county surveyor's desk waiting to be signed. The easements for sanitary sewer and water that were submitted to us still had the name Bridgetower and so new easements were prepared with the new name -- that's what we have in front of you tonight. The plat is held up. The surveyor won't sign it until the new easements are recorded. The new instrument numbers can be put on the plat and it can proceed. So, we are trying to do what we can to user this quickly through the process, so that the developer is not held up any longer. So, that's why we are here in front of you and stand for any questions you might have. De Weerd: Council, any questions? Rountree: Madam Mayor? Other than the ownership and name, nothing has changed? Freckleton: No. Rountree: Okay. De Weerd: Mr. Bird, did you say something? Oh. No? Okay. Thank you, Bruce. Freckleton: Thank you. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the sewer and water easements for Volterra Heights Subdivision No. 1. Meridian City Council October 28, 2014 Page 31 of 33 Zaremba: Second. De Weerd: I have a motion and a second to approve the two items in front of you. 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. Thank you. MOTION CARRIED: ALL AYES, Item 10: Ordinances A. Ordinance No. 14-1627: An Ordinance (AZ 14-007 Sugarman Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Southwest'/4 Of Section 36, Township 4 North, Range 1 West, Boise Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To C -C (Community Business) District In The Meridian City Code; And Providing An Effective Date De Weerd: Thank you. Item 10-A is Ordinance 14-1627. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you. City of Meridian Ordinance No. 14-1627, an ordinance AZ 14-007, Sugarman Subdivision, for annexation and rezone of a parcel of land located in the southwest one quarter of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C -C, community business 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 reason rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 28, 2014 Page 32 of 33 Bird: Hearing nobody wants to hear it in its entirety -- De Weerd: Oh, my gosh. Bird: -- I move we approve Ordinance No. 14-1627 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? 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. Item 11: Future Meeting Topics De Weerd: Council, any topics for future agenda to consider at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not just a topic, but a reminder to the general public, very few of which are here, but maybe somebody is watching on live stream -- that our next two meetings are on Wednesdays, not Tuesday, because of election day and, then, Veteran's Day. Holiday. De Weerd: Thank you for that timely reminder. I will also remind you that maybe you don't have children -- that would be interested in tomorrow evening for Trunker Treat. Come if you might. But tomorrow night is Trunker Treat and Dance to the Beat in our City Hall plaza. There is going to be a lot of energy out there. We have 80 trunks and pretty much sold out and there are going to be a lot of little goblins and witches and various characters out in that area. I would also like to thank Councilman Bird and Council Member Milam for joining us at the faith luncheon. What a great message by -- oh. And, Councilman Zaremba, what a great message by Nodme Avadini. It was -- it was a great -- Zaremba: Inspiring. De Weerd: -- event and appreciate you being there. So with that said I would entertain a motion to adjourn. Meridian City Council October 28, 2014 Page 33 of 33 Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T & WEERD DATE APPROVED e(. ATTEST: Ck JAYCEE OLMAN, CITY CLERK Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Reminder: By State Code Executive Sessions are not open to the public and the regular part of the meeting may not start until 6:30. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of October 14, 2014 City Council Workshop Meeting MEETING NOTES a f `1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF CHANGE ORDER Approval of Change Order 1 to Task Order 10480 for "Water Division Facilities Assessment" to JUB Engineers in the Not -To -Exceed amount of $15,000.00 MEETING NOTES i=1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dennis Teller Date: 10/21/2014 Re: October 28"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2e City Council Consent Agenda for Council's consideration. Approval of Change Order 1 to Task Order 10480 for "Water Division Facilities Assessment" to JUB Engineers in the Not -To -Exceed amount of $15,000.00. Recommended Council Action: Approval of Change Order 7 to Task Order 10480 to JUB Engineers for the Not -To -Exceed amount of $15,000.00. This change order represents a 44% increase in the task order amount for a total of $48,750.00. Thank you for your consideration. 0 Page 1 CITY OP MERIDIAN CHANGE ORDER NO. 1 PROJECT NO. 10480 33 EAST BROADWAY DATE:. 10.15-2014 MERIDIAN, 10 83842 EFFECTIVE DATE: 10.28-2014 CONTRACT CHANGE ORDER CONTRACTOR: JUB Engineers, Inc. PROJECT: Water Division Facilities Assessmenl-CrRlcal Infrastructure survey, Vulnerability Assessment with Homeland Security, and Development Plan for Water System Security Improvements. The Contractor Is hereby directed to make Bre following changes from the Contract Documents and Plans. Description: Provide additional professional services to update the existing Facilities Assessment Project will Include a natural hazard vulnerability assessment and mitigation plan and a vulnerability mitigation implementation plan. This additional scope will also assess new MHWSD well rhes and include an Implementaton Pian section outlining a phased approach of recommended securlly enhancement measures. Reason for Change Order: Changes were not Included In the original scope. Attachments: Attachment A - Additional Services Form from JUB Engineering CHANGE IN TASK ORDER PRICE: CHANGE IN TASK ORDER TIMES: Original Contract Price $ 33,750,00 Odglnal Contract Times: 180 Calendar Days Net changes from previous Change Orders Net charges from previous Change Orders No_ to No—to— (Calendardays) $0.00 0 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (ealendardcys) $33,750.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of We Change Order: (calendar days $15,000.00 120 Days Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendardays) $48,750.00 300 DAYS R ENDED: (PRDJE-C CCEPT (CONSU T-JUBENGINEERS) '`./4 Y; w By: Date: e -16-111 10116114 COUNCLL APPROVED: (Cin PURCHASINGAGENT APPROVAL By: Keith Welts / Date: Date: (D Z APPROVE ATTEST: By: Mayor Tam a eerd By: CI ark, Jaycee Halms Dale: - Date: (� "' / ATTACHMENT A ADDITIONAL SERVICES FOR City of Meridian Water Division Facilities Assessment PROJECT UNDERSTANDING CITY has requested J -U -B to provide additional professional services to update the existing Facilities Assessment. A natural hazard vulnerability assessment and mitigation plan and a vulnerability mitigation implementation plan will be added to scope. This is in addition to the already completed Administration and Well Site 7 vulnerability assessment and mitigation plans that were previously added to the scope. An Implementation Plan section will be added outlining a phased approach to the implementation of security enhancement measures. PART 1 — SCOPE OF SERVICES A. Additional Services - J -U -B's Additional Services under this Agreement are limited to the following tasks. Task 1 - Project Administration, Meetings & Coordination 1.1 Provide updates on tasks, schedule, budget, and project related issues to the CITY on a weekly basis. 1.2 Coordinate work as required to meet budget and schedule requirements Task 2 — Natural Hazard Vulnerability Assessment and Mitigation Plan 2.1 Assess vulnerability of facilities to severe weather, fires, floods, and earthquakes. 2.2 Develop plan to mitigate facility vulnerabilities of severe weather, fires, floods, and earthquakes. 2.3 Develop costs of mitigation plan. 2.4 Document Natural Hazards assessment and mitigation plan with additional section in report. Task 3 — Administration Building and Well Site 7 Vulnerability Assessments 3.1 Assess vulnerability of Administration Building. 3.2 Assess vulnerability of Well Site 7. 3.3 Assess vulnerability of Well 29. 3.4 Assess vulnerability of Well 30. 3.5 Assess vulnerability of Kentucky Ridge Well. 3.6 Assess vulnerability of Meridian Heights Well. Task 4 — Implementation Planning 4.1 Perform RAM -W evaluation to prioritize facilities. 4.1.A Develop Critical Operational Criteria 4.1.B Develop pair -wise comparison to rank facilities criticality based on each Critical Operational Criteria 4.1.0 Develop Design Basis Threat 4.1.D Develop Consequence Tables 4.1.E Perform Risk Assessment 4.2 Develop phased approach to implementation of security enhancements. Deliverables 1. Revised Draft report — three (3) hard copies 2. Revised Final report — three (3) hard copies, one PDF electronic file PART 2 — CITY'S RESPONSIBILITIES Authorizing others to complete all tasks not specifically included above in J -U -B's Basic Services that may be required for the project, including, but not limited to: 1. Participate in J -U -B led pairwise comparison workshop. 2. Timely Review and Comment on draft report. PART 3 — SCHEDULE OF ADDITIONAL SERVICES The following schedule is based on a Notice to Proceed (NTP) from the City by October 2014 and resulting in final consulting being completed by December 2014. A NTP issued on a different date will change the schedule accordingly. The Not -To -Exceed amount to complete all services listed above for this Change Order 1 to Task Order No. 10480 is fifteen thousand dollars ($15,000.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. X. 1 Project Admin, Meetings, and Coordination Ongoing. $1,000 Seven calendar days from 2 Natural Hazard Assessment and Mitigation notice to proceed. Work can $4,000 Plan be completed concurrent to Task 4 work. Administration, Well Site 7, Wells: 29, 30, Seven days from completed 3 Kentucky Ridge and Meridian Heights $5,000 Vulnerability Assessments site visits. Fourteen calendar days from 4 Implementation Planning notice to proceed. Work can $5,000 be completed concurrent to Task 2 work. ggyy s� y. .is The Not -To -Exceed amount to complete all services listed above for this Change Order 1 to Task Order No. 10480 is fifteen thousand dollars ($15,000.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 9/24/2014 REQUESTING DEPARTMENT Public Works - Water Fund: 60 Department: 3400 GL Account: 55000 Project If 10480 Construction: PSA: Task Order: x Project Name: Water Div Facilities Assessement- Critical Infrastructure Survey - Vulnerability Assessment Project Manager: Dennis Teller Department Representative: na Contractor/Consultant/Design Engineer: JUB Engineers Budget Available (Attach Report): yes Will the project cross fiscal years? Yes Budget Information: FY Budget: 15 Contract Amount: $15,000.00 No x Enhancement #: Other: Grant #: Type of Grant: BASIS OF AWARD Low Bidder Highest Rated Master Agreement x (Bid Results Attached) (Ratings Attached) (Category) 1a Typical Award Yes No If no please state circumstances and conclusion: Change Order 1 to Task Order 10480. Additional assessments required by Homeland Security 10 Day Waiting Period Complete: na PW License # na Current? (attach print out) Corporation status Goodstanding Insurance Certificates Received (Date): August 13, 2014 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No x (Only applicab ale for projects above $1,000,000) Date Award Posted: na na Rating: A+ na Rating: na If yes, has policy been purchased? Date Submitted to Clerk for Agenda: October 21, 2014 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) b w w 9 u, m m T W n o y 0 o m m � o 0 J 0 w 0 0 0 0 0 0 0 0 0 0 0 0 a N N Y o w ro P .P iP J m iP V m� Y m o n J ro o w [CZ+J oZ �i N N N M N n iP �O O ro N Y0 H H O � U w Ul M N m m m o S H O1 w p O O l0 l0 � m w A n o'P oW Y Ui Y' r N Y rt W N b w w 9 m m m T O N m m m m J J J J 0 0 0 0 0 0 0 0 0 0 0 0 N N N Y N P .P iP J m iP V Y Y m J b J J J m N l0 N N N O1 iP �O m W m Ol O N m m m o 0 0 O1 O1 O1 O O O l0 l0 l0 O O O Y o'P oW Y o'P oV b w w 9 JUBEN-1 OP ID: NW CERTIFICATE OF LIABILITY INSURANCE DATE Y1 0811 312 01 0 811 312 01 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Hartwell Corporation - Cal PO Box 400 Caldwell, ID 83606 Jeremy Kroll CONTACT PHONE FAX AIC No Ext): AIM, Ns): .d AIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA: Travelers Indemnity of CT 25682 Meridian, ID83642 INSURED J -U -B Engineers, Inc. S Beechwood Ave, Suite 201 Boise, ID 83709 Boise, INSURERS: Travelers Casualty and Surety 31194 INSURERC:XL Specialty Insurance Co. 37885 INSURERD:Travelers Indemnity Co of Am. 25658 INSURERS: A NSURERF: COVDRAIa ES CEN I IFICATE N I IMRFR• DDvtelnra au meneD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian POLICY NUMBER MMID.W P,DO yyyyfEXP LIMITS GENERAL LIABILITY Meridian, ID83642 EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERA_ LIABILITY CLAIMSMADE OCCUR DAMcGETOREN1E,D PREMISES (Ea occurrence $ 1,000,00 MED ENP (Any one person) $ 10,000 X CGD381 6807769NI96 08/01/2014 08/01/2015 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMITAPPLIES PER. POLICY X jE4 LOC PRODUCTS-COMP/CP AGO $ 2,000,00 $ D AUTOMOBILE X LIABILITY ANY Auto BA7770N058 08/01/2014 OB/01/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NONOWNEDPROPERTYDAAWGE AUTOS PERACCIDENT § X CAT353 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AWPROPRIE1GWPARTNEPF ECUnVE YIN OFFICERIMEMBER EXCLUDED? N/A UB0540T503 08/01/2014 08/01/2015 WC STAT OTH- TORY LIMITS OR El EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatorym NHl If yes, 60.11he under WASTOP GAP EL DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below C Profes Liability DPR9713670 04/02/2014 04/02/2015 Ea Claim 5,000,00 $200,000 deductibl INCL POLLUTION Ann[ Aggr 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddRional Remarks Schedule, X more space is reculred) CERTIFICATE HOLDER rAAIrMl r Anna MERID03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave AUTHORIZED REPRESENTATIVE '1 / Meridian, ID83642 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD IDSOS Viewing Business Entity Page 1 of 3 IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for J -U -B ENGINEERS INC 1 [ Monitor 3 -U -B ENGINEERS. INC business filings ] J -U -B ENGINEERS, INC. 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 08 Jan 2014 State of Origin: IDAHO Date of 21 Mar 1969 Origination/Authorization: Current Registered Agent: PAUL D. FISK 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Organizational ID / Filing C40668 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 27 Jan 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 21 Mar 1969 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 05 Jun 1973 STOCK View Image (PDF format) View CHANGE Image (TIFF format) Amendment Filed 23 Apr 1975 STOCK View Image (PDF format) View CHANGE Image (TIFF format) Amendment Filed 07 Jun 1979 OTHER - View Image (PDF formate View APPT OF RA Image (TIFF format) Amendment Filed 02 Sep 1980 OTHER - CHG OF View Image (PDF format) View RA - ARLIN Image (TIFF format) BROSKE, BOISE Amendment Filed 08 Dec 1980 ARTICLES View Image (PDF format) View RESTATEMENT Image (TIFF format) Amendment Filed 08 Dec 1980 STOCK View Image (PDF format) View CHANGE Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C40668.html 10/20/2014 IDSOS Viewing Business Entity Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL Page 2 of 3 View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF forma View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format View Image (PDF formate View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF formal View Image (TIFF format View Image (PDF formate View Image (TIFF format) View Image (PDF format) View Image TIFF format View Image (PDF format) View Image (TIFF formatl View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF forma View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image PDF format) View http://www.accessidaho.org/public/sos/corp/C40668.htmi 10/20/2014 Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: 6(.; PROJECT NUMBER: ITEM TITLE: APPROVAL OF AWARD OF BID Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "Waterline Replacement - Lynhurst PI to W Penwood Dr to End" project for a Not -To - Exceed amount of $61,798.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EMAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Dean Stacey Date: 10-22-2014 Re: October 28t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 28 City Council Consent Agenda for Council's consideration. Recommended Council Action: Award of Bid and Approval of Agreement to ALTA CONSTRUCTION, INC for the Not -To -Exceed amount of $61,798.00. Thank you for your consideration. e Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION) PROJECT # 10444.b THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made effective this 281h day of October, 2014, and entered into by and between the City of Meridian; a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Alta Construction. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 619 N Cloverdale Rd, Boise, ID 83713 and whose Public Works Contractor License # is C -003938 -AAA -1,2,3. INTRODUCTION Whereas, the City has a need for services involving WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WATERLINE. REPLACEMENT- LYNHURST PL TO W PENWOOD TO END— CONSTRUCTION Page 1 of 11 Project 10444.b iV 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B `Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $61,798.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WATERLINE REPLACEMENT- LYNHURST PL TO W PENWOOD TO END— CONSTRUCTION Page 2 of 11 Project 10444.b 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $350.00 (three hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 45 (forty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $350.00 (three hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 3 of 11 Project 10444.b 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 4 of l l Project 10444.b c�� a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. WATERLINE REPLACEMENT- LYNHURST PL TO W PENWOOD TO END -CONSTRUCTION Page 5 of 11 Project 10444.b a 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and _. guidelines can be found at this address: httr)://www.merldiancity.org/environmental.asr)x?id=l 3618. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Alta Construction, Inc Purchasing Manager Attn: Justin King 33 E Broadway Ave 619 N Cloverdale Rd Meridian, ID 83642 Boise, ID 83713 208-888-4433 Phone: 208-853-6588 Email: Iking@altaedge.coom Idaho Public Works License #C -003938 -AAA -1,2,3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. 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 maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under, this Agreement by the party so failing to perform. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 6 of 11 Project 10444.b 13. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 15.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 7 of 11 Project 10444.b and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. WATERLINEREPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 8 of 11 Project 10444.b M 27. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de Dated: / 0 - 2-P - /4/ ALTA CONSTRUCTION V � Dated: --/O A711 Approved by Council: 2t 2014/ At ,VAYCIE1 L. koLMAN, CITY CLERK Purchasing Approva BY: KEIT ATTS, Purchasing Manager Dated:: IM Dated:: AD 2 1 Engineering Manager WATERLINE REPLACEMENT- LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 9 of 11 Project 10444.b Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10444.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10444.b, are by this reference made a part hereof. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 10 of 11 Project 10444.b Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $61,798.00. .{ n d Y Milestone 1 Substantial Completion 45 (forty-five) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION per IFB PW -14-10444.b Total Bid Schedule ...................$61,798.00 NOT TO EXCEED TOTAL ....................... 61 7 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. � �4S {tj�ii 4�' 3�'"^ j 3.4Yy.�.. �L'F'. ����^^(33 22a+. y^d�ediA�S tM^. { �. +�.2 sagk+i` i4'Y'4� -w-•.Sy^'� }G.,+Y�W� j�JY`�',R Y.£.� Y 5R{�%s ITEM DESCRIPTION QNTY UNIT PRICE ISPWC 307.4.1.A.7 Miscellaneous Surface Restoration 40 LF $ 20.00 ISPWC 307.4.1.6.1 Type "P" Surface Restoration 338 SY $ 37.00 ISPWC 401.4.1.A.1 Water Pipe, 8" 334 LF $ 36.00 ISPWC404.4.1.A.1 Water Service Connection- 3/4" (no meter) 10 EA $780.00 ISPWC 402.4.1.A.1 8" Gate Valve 3 EA $1,534.33 ISPWC 403.4.1.A.1 Reconnect to Existing Fire Hydrant 1 EA $2,175.00 ISPWC403.4.1.A.1 Fire Hydrant Assembly 1 EA $5,100.00 ISPWC 802.4.1.A.1 3/4" Minus Crushed Aggregate for Base Type 1 115 CY $ 19.78 ISPWC 1006.4.1.C.1 Install Inlet Protection 3 EA $ 30.00 ISPWC 1103.4.1.A.1 Traffic Control 1 LS $3,125.00 ISPWC 2010.4.1.A.1 Mobilization/Demobilization 1 LS $7,300.00 Install New Water Service Line (Meter to Building, If SP -1 I needed and approved by city ) 100 LF $ 26.00 SP -2 I Connect Existing Water Lines to New Water Service 10 EA $140.00 Traverr expenses, It applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 11 of 11 Project 10444.b U Date: 9/23/2014 Fund: 60 Department: Construction: x CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Public Works Project Name: Waterline Project Manager: Dean Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the pro)ect cross fiscal years? 3490 PSA: GL Account: 95000 Project# 10444.b Task Order: - Lvnhurst PI to W. Penwood to End - Construction atacey Department Representative: na ALTA CONSTRUCTION / Riedesel Engineering Yes Contract Amount: $61,798.00 Yes Budget Information: FY Budget: 15 No x Enhancement#: 13 Grant#: Other: Type of Grant: BASIS OF AWARD Low Bidder x Highest Rated (Bid Results Attached) yes (Ratings Attached) Typical Award Yes x No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: October 23, 2014 PW License # c-16656 Current? (attach print out) Corporation status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): October 22, 2014 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No x Master Agreement (Category) Date Award Posted: October 13, 2014 Yes Rating: A+ October 22, 2014 Rating: A+ If yes, has policy been purchased? NA Date Submitted to Clerk for Agenda: 10(t3l IV Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: m r I H11 H m w a ro m a� o ro H N m w a M fV a O N M r INIIII���I d 0 v 0 W H ad W a u% W D J � W z o O m � m 9QnS 3 c # oil IL PUOB Pie j ` Jnr C}: t L wnpuePP T J r .. POUDIS c N, d CL0 CL o � S y c w i a 3 w D O Z Z Z D O mm > INIIII���I ��0�11'�III IDSOS Viewing Business Entity [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ALTA CONSTRUCTION. INC. ] [ Monitor ALTA CONSTRUCTION, INC. business filings ] 619 N CLOVERDALE ROAD BOISE, ID 83713 Type of Business: Status: State of Origin: Date of Origination/Authorization: Current Registered Agent: Organizational ID / Filing Number: Number of Authorized Stock Shares: Date of Last Annual Report: Amendment Filed 11 Sep 1980 Amendment Filed 04 Jun 1982 Amendment Filed 18 Aug 1983 Amendment Filed 15 Apr 1992 Report for year 2014 Report for year 2013 Report for year 2012 Report for year 2012 Report for year 2011 Report for year 2010 Report for year 2009 Report for year 2009 http://www.accessidaho.org/public/sos/corp/C54953.htinl[10113/2014 3:07:09 PM] [ Heln Me Print/View TIFF ] 1DSOS Viewing Business Entity Report for year 2008 Report for year 2007 Report for year 2006 Report for year 2005 Report for year 2004 Report for year 2002 Report for year 2001 Report for year 2000 Report for year 1999 Report for year 1998 Report for year 1997 Report for year 1996 Report for year 1995 Report for year 1995 Report for year 1994 Report for year 1993 Report for year 1992 Report for year 1991 Report for year 1990 Report for year 1989 Report for year 1988 Report for year 1987 Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(c sos.idaho.gov http://www.accessidaho.org/public/sostcorp/C54953.html[10/13/2014 3:07:09 PM] Home I Setup an Account I Log In Permits Apply ��.t,1Ezc ++4 IJ�w,.x.,7trim Search Pay Fees Company Name License Number Work Calegory(s) Licenses Search Trade Licenses Search Public Works Inspections Schedule `s -c Correct Elevators Nail Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Jin REMEMBER ME Forgot Password [Username License Type License Class Status Applicant Name Itt s. The Division of Building Safely, makes every effort to produce and publish the most current andecrumv. laformallon possible. No v2,ran as, expressed or Implied are provided for the data herein, no use, or IS Interpretation. Utilization of this Websile Indicates understanding and acceptance of this statement ALTACON-01 MWHITE l A CERTIFICATE OF LIABILITY INSURANCE D 1012212011'Y) 10/2212014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER D'' IN ® www Boise Office' B� Ig FIR neWest Insurance, Inc. L- 0 960 Broadway Avenue Suite 100ADDRESS: Boise, ID 83706 OCTI vv LL 2 Z 2014 CONTACT - NAME: AI NNo Ell, (208) 424-2900 FAX, No : (20B 424'2000 E-MAIL INSURERS AFFORDING COVERAGE NAIC p INSURER A: Cincinnati Insurance Companies 10677 INSURED NANCE INSURER B: Idaho Stffie Insurance Fund INSURERC; I)[ -p7' Alta Construction, IAC. `u 1 01/2312015 619 N. Cloverdale Rd. INsuaERo: INSURER E: Boise, ID 83713 INSURER F: �DrrnrArE AD IllnncD. HtVI81U1V NUMBER: COVERAGE$ v,ux„ ,v,-„�,.....,,J�... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY OD POUCYNUMBER MMOOrMY MMDD1YYYY LIMITS EACH OCCURRENCE $ 1,000'000 PREMISES Ea accmence S 500'00 Meridian, ID 83642 CLAIMS -MADE N OCCUR X GA233(0207) X X EPP0055490 01123/2014 01/2312015 MED EXP (Any one person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,000 GEHL AGGREGATE LIMIT APPLIES PERS PRO -$ECT 1-1 LOC POLICY N GENERAL AGGREGATE $ 2,000'000 $ PRODUCTS - COMPIOP AGG 2,000,000 8 OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea sod dent $ 1,000'00 BODILY INJURY (Per person) S A X ANY AUTO X X EPPOO55490 01/2312014 0112312015 BODILY INJURY (Per ecaiden0 $ ALLOWNED SCHEDULED AUTOS UTOS NON-0WHED X HIRED AUTOS X AUTOS X AA4171(1105) X AA4172(0903) PROPERTY DAMAGE $ Per acddenl $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE - EPPOOSS490 0112312014 0112312015 EACH OCCURRENCE $ 2,000,00 AGGREGATE S 2,000,00 DED I I RETENTIONS WORKERS COMPENSATION $ P R I STATUTE I ER E.L. EACH ACCIDENT $ 600,000 B AND EMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERMEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA 590369 10101/2074 10/0112015 E.L. DISEASE - EA EMPLOYE $ 500'000 ELDISEABE-POLICY LIMIT $ 500,00 E.L. . DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, AddlUonel Remarks Schedule, may be aaached If more space Is required) Project: PWA 4-10444.b - Replacement- Lynhurat PL to W Penwood to End -Construction ©1988-2014 ACORD CORPORATION. All rights reserve . ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Meridian ACCORDANCE WITH THE POLICY PROVISIONS. 33 East Broadway Avenue Meridian, ID 83642 AUTHORIZED REPRESENTATIVE d ©1988-2014 ACORD CORPORATION. All rights reserve . ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraaa: Beaims on Paae: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... a 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)......................................................................................................... 9 T. 100 Day Coverage for Newly Formed or Acquired Organizations..................................................10 S. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10. Broadened Contractual Liability - Work Within 60' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds - Specified Health Care Services: ...................... ..................................... 14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the Insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 31000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown In the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bali bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 1 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each occurrence" which are in ex. cess of the deductible amount stated In Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cue - to y or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "sult" Irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION If - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision Is af- forded only until the 180th day after you acquire or form the organization or the and of the poticy period, whichever Is earlier; V18. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, g. Transfer of Rights of Recovery Against Others to Us Is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for Injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and Included in the "products -completed operations hazard". However, our rights may onlyy be waived prior to the "occur- rence" giving rise to the Injury or damage for which we make payment under this Coverage Part. The Insured must do nothing after a loss to impair our rights. At our request, the Insured will bring suit" or transfer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speof- fled Relationships q/ The following Is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed In Paragraph 8.a.(2) below (hereinafter referred to as additional Insured) whom you are required to add as an addl- tlonal insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of Insurance showing that per- son or organization as an additional Insured has been Issued, is an, insured, provided: (a) The written or oral contract or agreement Is: 1) Currently In effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this Insurance would apply; and (b) They are not specifically named as an additional In- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and Insurance coverage pro- vided to such additional In- sureds Is limited as provided herein: (a) The manager or lessor of a premises leased to you with With respect to liability aris- Ing out of the ownership, maintenance or use of that part of a premises leased to you subject to the following additional exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 16 you cease to be a ten- c) Any physical or ant in that premises, chemical change the product 2 Structural alterations, made Intentionally m new construction or by the vendor; demolition operations pperformed by or on be- d) Repackaging, un- haif of such additional less unpacked insured. solely for the pur- / Ins so /Cb) Any person or organization dem nstral n'on, (((/// from which you lease testingg, or the equipment with whom you substitution of have agreed per Paragraph parts under In - 9.a.(1) above to provide n- structions from the surance. Such person(s) or manufacturer, and organizations) are Insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s), spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- takese to make in An person or organization () y P g the usual course (referred to below as ven- of business, In dor) with whom you have connection with agreed per Paragraph the distribution or 9.a,(1) above to provide n- sale of the prod- surance, but only with re- ucts; spect to "bodily Injury" or "property damage" arising f) Demonstration, In - out of "your products" which stailation, servlc- are distributed or sold In the Ing or repair op - regular course of the ven- orations, except dot's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises tiof with 1) The insurance afforded the sale e the vendor does not product; apply to: 9) Products which, rY" or a "BodilyInjury" after distribution or d "property amage" sale by you, have for which the ven- been labeled or dor Is obligated to relabeled or used pay damages by as a container, reason of the as- part or Ingredient sumption of Ilabil- of any other thing Ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This Insurance does damages that the not apply to any In - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you mart have acquied such products, or b) Any express war- any Ingredient, ranty unauthorized part or container, by you; entering Into, so - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with Its permission, Page 11 of 15 GA 233 02 07 companying or 2) This insurance does containing such not apply to "bodlly In - products; or jury", "property am - b) When iwbhin age" or 'personal and advertising injury" aris- the "products- Ing out of operations completed opera- performed for the state or political subdivision. tions hazard' has been excluded under this Cover- (f) Any person or organization with which you have agreed age Part with re- spect to such per Paragraph 9.a.(1) above to provide insurance, products, but only with respect to R- d) Anstate or political subdl• arising out of "your obllity performed far that worl vision with which you have agreed per Para rah 9.a.(1) above to provl a n- additional Insured by you or on your behalf. A person or surance, subject to the fol- organization's status as an Insured under this provision lowing additional provision: nf fhiq anr(nmamonf ,,,,s„_ This Insurance applies only uss for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has In no event beyond the ex - Issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. If there Is no rent or control and to which written contract or agree - this insurance applies: ment, or If no period of time Is required by the written 1) The existence, malnte- contract or agreement, a nano®, repair, con- person or organization's structlon'erection or status as an insured under removal of adverttsing this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that Insured are completed, coal holes, driveways, manholes, marquees, (3) Any Insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and ((f) Iand similar expo- does not apply to "bodily sures; or Injury" or "property damage 2) The construction, erec- Included within the "prod- tlon, or removal of ele- ucts-completed operations vators; or hazard'; 3) The ownership, main- (b) Subpamraphs (a), (b), (d), tenance, or use of any fie) and (4 does not apply to elevators covered by bodily injury", "property this insurance. damage" or personal and advertising injury" arising (e) Any state or political subdl- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragreph additional insured or their 9.9.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional Insured; or 1) This Insurance applies (c) Subparagraph (fl does not only with respect to op- apply to "bodlly Injury", orations performed by "property damage" or 'per - you or on your behalf sonal and advertising Injury" for which the state or arising out of: Ft 1) olitical subdivision has Defects in design issued a permit. nished by or on behalf Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 12 of U of the additional In- spects any other Insurance sured; or policy Issued to the addi- tional Insured, and such 2) The rendering of, or other Insurance policy shall failure to render, any be excess and / or noncon- professional architec- Wbuting, whichever applies, tural, engineering or with this Insurance. surveying services, In- cluding: (b) Any Insurance provided by this endorsement shall be a) The preparing, primary to other Insurance approving or fall- available to the additional Ing to prepare or Insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ERAL LIABILITY ders, change or- ders or drawings CONDITIONS, 6. Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, In 2) For any other valld and spection, archl- collectible insurance tectural or engl- available to the addl- neering activities, tlonal Insured as an additional Insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another Insurance program has Insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case manager or owner of the coverage provide the construction project under this endorse - In which you are in- ment shall also be ex - volved. cess. Only with regard to insurance pro- (2) Condition 11. Conformance to /Ab. 1/ vided to an additional Insured deslg- Specific Written Contract or nated under Paragraph 9.142) Sub- Agreement Is hereby added: paragraph IQ above SECTION ill - LIMITS OF NSURMCE is amended 11. Conformance to Include: oContracttoSpecific Agreement The limits applicable to the additional insured are those specified in the With respect to additional described or agreement or In Insureds In Para - thecontract the Declarations of this Coveragge g ph 9.a.(2)(1) above only: Part, whichever are less. If no limits If a written contract or are specked In the written contract agreement between you or agreement, or If there Is no written and the additional Insured contract or agreement, the limits ap- specifies that coverage for plicable to the additional Insured are the additional Insured: those specified in the Declarations of this Coverage Part The Ilmits of In- a. Be provided by the In- surance are inclusive of and not In surance Services Of - addition to the limits of Insurance fice additional insured shown In the Declarations. form number CG 20 10 o. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where edition specified); or ERAL LIABILITY CONDITIONS Is hereby amended as follows: b. Include coverage for (1) Condition 6. other Insurance is completed operations; amended to Include: or a) Where required written Include coverage for c. "yourwork"; meent, this f//(contract or agreement, insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 16 tional Insured Is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.8.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is Included within the terms of the Coverage Part to which this endorse- ment Is attached. If, how- ever, the Written contract or agreement specifies the In- surance Services Office additional Insured form number CG 2010 but does not specify which edition or specifies an .edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. . Broadened Contractual Liability - Work Within 50' of Railroad Property It Is hereby agreed that Paragraph f.(1 of Definition 12. 'Insured contract" (SEC- TION V - DEFINITIONS) Is deleted. 11. Property Damage to Borrowed Equip. ment a. The following is hereby added to Ex- clusion j. Damage to Proper tyty of Paraaggraph 2., Exclusions of SEC- TIONI- COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the hme of loss. b. With respect to the Insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of Insurance shown In the Declarations are replaced by the limits designated In Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not In addition to the limits being replaced. The Limits of Insurance shown In Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay In any one 'oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "sults" brought; or (c) Persons or organizations making claims or bring "sults". (2) Deductible Clause (a) Our obilgaUon to pay dam- ages on your behalf applies only to the amount of dam- aagges for each "occurrence" whldh are In excess of the Deductible amount stated In Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of Insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit ap- plles to each claim or su t irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It Is hereby agreed that Paragraph 2.a.(1)f�of SECTION II - WHO IS AN INS(U1REE , does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, In the jurisdiction where an 'occurrence" or offense to which this Insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 14 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGECOVERAGEFORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective:I Policy Number: 01-23-2014 EBA 005 54 90 Insured: by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 11 - UABIUTY COVERAGE, A. Cover- age, I. Who is an Insured is amended to Include as an Insured any person or organization with which you have agreed in a valid written contract to provide Insurance as Is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is Indi- cated below. Endorsement Effective: policy Number: 01-23-2014 F.BA 008 54 90 Named Insured: ALTA CONSTRUCTION INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us Is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA 4172 09 09 of payments we make for "bodily Injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". PERFORMANCE BOND 106171114 CONTRACTOR: (Name, legal status and address) Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 CONSTRUCTION CONTRACT Date: October 28, 2014 Amount: $ 61,798.00 Description: (Name and location) Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America r One Tower Square Hanford, CT 06163 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Waterline Replacement - Lynhurst PI to W Penwood to End - Construction BOND Date: October 28, 2014 (Not earlier than Construction Contract Date) Amount: `i 61,798.00 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Modifications to this Bond: None O See Section 16 CONTRACTOR AS PRINCIPAL Company: Alta Construction, Inc. (Corporate Seal) Name ands,,[ ; Title: }Yes+ mtr r (Any additional signatures appear o (FOR INFORMATION ONLY— Name, AGENT or BROKER: PayneWest Insurance. Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 SURETY Company: Travelers Casualty and Surety I (Corporate Seal) n and Bond.) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition I § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 I there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an addilional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without furtber notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph am void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tens Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided belowfor additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 PAYMENT Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 BondNo.i 106171114 CONTRACTOR: (Name, legal status and address) Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America A-' One Tower Square Hartford, CT 06183 CONSTRUCTION CONTRACT Date: October 2B, 2014 Amount: S 61,798.00 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Description: (Name and location) Waterline Replacement - Lynhurst PI to W Penwood to End - Construction BOND Date: October 28, 2014 (Not earlier than Construction Contract Date) Amount:$ 61,798.00 Modifications to this Bond: Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 = None = See Section 18 w CONTRACTOR AS PRINCIPAL Company: Alta Construction, It Signature. Name an ws-L Title: P¢es•cauY (Any additional signatures appear (FOR INFORMATION ONLY —Name, AGENT or BROKER: PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 SURETY WSTe Company: and Bond.) Travelers Casualty and (Corporate Seal) Attorney -in -Fact telephone) OWNER'S REPRESENTAT1VEt (Architect, Engineer or other party:) 208.424-2900 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3112,20110 edition 2 Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph aro void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; ,5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 106171114 OR Project Description: Waterline Replacement - Lynhurst PI to W Penwood to End - Construction St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Alta Construction, Inc. Obligee: City of Meridian KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brenda J. Smith of the City of Boise , State of ID , their true and lawful Attorney -In -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 10°i day of September, 2012. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pYOUA �t OXY IYf�' O'na y9'�18778 OEeL e rasa State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 101' day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Moe President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. • tt° + Marle C. Tetrwult, Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now In full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vee President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof is filed In the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a frond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice Presldent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -In -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which It Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which Is in full force and effect and has not been revoked. INTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of October2014 , Kevin E. Hughes, Assistant Secretary 4r. y7Ay/RE W.% (IN 912 .9t a � rra_ X18 1 ASf+sans Os gl"c a`9e To verify the authenticity of this Power ofAttorney, cal/ 1-800-411 3880 or contatus at www.travelersband.com. Please refer to the Attorney -In -fact number, the above-named Individuals and the details of the bond to which the Powers attached. Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF AWARD OF RFP Approval of Award of RFP and Agreement to Greenplay, LLC for "PARKS AND RECREATION MASTER PLANNING SERVICES" project for the Not -To -Exceed amount of $134,990.00 MEETING NOTES LJ ._ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Steve Siddoway Date- 10/23/2014 Re: October 2e City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2EP City Council Consent Agenda for Council's consideration. Approval of Award of RFP and Agreement to GREENPLAY LLC for the "PARKS AND RECREATION MASTER PLAN" project for a Not -To -Exceed amount of $134,990. Recommended Council Action: Award of RFP and Approval of Agreement to Greenplay, LLC for the Not -To -Exceed amount of $134,990. Thank you for your consideration • Page 1 Date: 10/23/2014 Fund: 010/07 Department: Construction: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PARKS 5200 GL Account: PSA: X 55000 Project # Task Order: Project Name: PARKS AND RECREATION MASTER PLAN Project Manager: Steve Siddodway Department Representative: n/a Contractor/Consultant/Design Engineer: Greenplay, LLC Budget Available (Attach Report): Yes Contract Amount: $134,990.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: FY14 C/O Enhancement#: 9 Grant#: Other: Type of Grant: CONTRACT CHECKLIST_ BASIS OF AWARD Low Bidder Highest Rated X Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes PW License# n/a Corporation Status (Attach Print Out): Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Current? (attach print out) Date Award Posted: September 3. 2014 Rating: n/a Rating: n/a If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: October 23, 2014 Approved by Council Issue Purchase Order No, Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: 10452 0 0 W N O O N CJ N O Z Q_ w CW G 6 y V v Q d o � OI Y c-. = w N � c o u U N 01 N J � U U d C - N v � � m a om � c y `o � O O Q w •« C CU E00 Ul U N _ C n c �tOE a a �- O � Jv a aw N N wa UI J � o � m n WNL N p. N m pJ m U N C � N w p u 0 e v 3 `3 v 0 � 5 v C n 01 T yUj w 3 m v y a � 3 � o c � N 0 v N 6 d J N � � N O � O �m m c � m � L U L N U m m '- W c 3 m A 0 c d U U M N N N N � c N r U .WD 0 C E N v C E E E 0 N r r v E $ a E a0 O w N v c o o 'm w E E w v v � � o m v E m v v § 3 = o C � T E i 2-2m n ° � 43 v v L o v v v o m v o = a o 3 O v � c T n c � v E m d ma E LL 0 w a v m E n a c " � o >- � t; o Tm v m C � C O L � � C > v v A - v c .. v - a � 'o > m O d n ,Y =o 3 $ w Q m c E n !� E � V m N E -0 E `o 'o c m > v 'eo C y C 0 v E aN m rc w '3 12 '« � C d O a n c o w d } V O u N mo lL 2 v d � � n' an - w 5 E o 9m m m 7s v T� V L Y E u eo E > o E v E n `o a� 0 0 «- yr `o w a m c - v vm w � � @ 2 � a o n z T w o w n E a o E o v eo ¢ u O a w 0 o o 3 v - a 1O w m E a 1O w S o v L m '^ : E Y E N E w _� E u o E$ N « =v TN q O N✓ 2 3 O v > O U m O v v - Ul n a w a o w v 2 ` m c v 4 'o o s m m E c J n E- E o $ ° n c u m o o g 2 d p Y L c N v 9 v v o o E N n Ei O C n _ E .WD 0 C E N v C E E E 0 N r r v E $ a E a0 O w N v c o o 'm w E E w v v � � o m v E m v v § 3 = o C � T E i 2-2m n ° � 43 v v L o v v v o m v o = a o 3 O v � c T n c � v E m d ma E LL 0 w a v m E n a c " � o >- � t; o Tm v m C � C O L � � C > v v A - v c .. v - a � 'o > m O d n ,Y =o 3 $ w Q m c E n !� E � V m N E -0 E `o 'o c m > v 'eo C y C 0 v E aN m rc w '3 12 '« � C d O a n c o w d } V O u N mo lL 2 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Reith - Unposted Transactions Included In Report 5200 - Parka - Admin 01 - General Fund From 10/1/2014 Through 9/30/2015 Date: 10/23/14 03:26:02 PM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining OPERATING COSTS 55000 Professional Services 12,999.96 0.00 12,999.96 100.00% Carr... Carryforward 74 931.00 0.00 74,931.00 100.00% Total OPERATING COSTS 87,930.96 0.00 87,930.96 100.00% TOTAL EXPENDITURES 87,930.96 0.00 87,930.96 100.00% Date: 10/23/14 03:26:02 PM Page: 1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 5200 - Parke - Admin 07 - Impact Fund From 10/1/2014 Through 9/30/2015 Date: 10/23/14 01;26 754 PM ea9e: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining OPERATING COSTS 55000 Professional Services Carr... Carryforward 75.000.00 0.00 75.000.00 100.00% Total OPERATING COSTS 75,000.00 0.00 75,000.00 100.00& TOTAL EXPENDITURES 75,000.00 0.00 75,000.00 100.00% Date: 10/23/14 01;26 754 PM ea9e: 1 AGREEMENT FOR PROFESSIONAL SERVICES PARKS AND RECREATION MASTER PLAN PROJECT NO. 10452 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 281h day of October, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Greenplay, LLC, hereinafter referred to as "CONSULTANT", whose business address is 1021 E. South Boulder Rd., Suite N, Louisville, CO 80027. INTRODUCTION Whereas, the City has a need for services involving PARKS AND RECREATION MASTER PfLANNING SERVICES; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. PARKS AND RECREATION MASTER PLAN Page 1 of 27 PROJECT NO. 10452 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Not -to -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -to -Exceed amount of $134,990.00 2.2 The Consultant shall provide the City with a monthly statement, as a percentage of work complete by task, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, estimated to be October 2015, or unless sooner terminated as provided below or unless some other PARKS AND RECREATION MASTER PLAN Page 2 of 27 PROJECT NO. 10452 method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or PARKS AND RECREATION MASTER PLAN Page 3 of 27 PROJECT NO. 10452 intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@ m eridiancity.org CONSULTANT Greenplay, LLC Attn: Chris Dropinski 1021 E. South Boulder Rd., Suite N Louisville, CO 80027 Phone: (303) 870-8674 Email: ChrisD@GreenPlayLLC.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. PARKS AND RECREATION MASTER PLAN Page 4 of 27 PROJECT NO. 10452 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this PARKS AND RECREATION MASTER PLAN Page 5 of 27 PROJECT NO. 10452 Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt' on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the PARKS AND RECREATION MASTER PLAN Page 6 of 27 PROJECT NO. 10452 Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 21. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN GREENNPjLAY, LC p BY: BY: C/� TAMMY de W MA R Chris Dropinski, Principal Dated: I ' 28 I Dated: 10/23/2014 Approved by Council: "ke- ?-?-, 70/v Purchasing Appr val BY: KEITHWATTS, Purchasing Manager Dated:: /0Zz y�y PARKS AND RECREATION MASTER PLAN PROJECT NO. 10452 Depart ��+ent ppro al BY: Stev Siddoway, birector aParks & Rec Dated:: Page 7 of 27 Attachment A SCOPE OF WORK Strategic Kick -Off and Determination of Critical Success Factors The most important part of any project is ensuring that your expectations are met and that your project goals are achieved. Upon selection and contract award, GreenPlay will provide a Detailed Work Plan for discussion in a Strategic Kick -Off (SKO) meeting, in which we will meet with staff to finalize the project scope that will outline the timeline and provide details of the planning process, including accepted methodologies and tasks, final number and types of meetings, expected quality and formats for deliverables, and agreement on the implementation strategies. We will set a timeline for the public engagement process and the anticipated approval process. During the Strategic Kick -Off we will work closely with your team to identify key "Critical Success Factors" that will ensure that this project is successful and will determine your desired level of involvement and outcomes. As the project progresses, written Monthly Progress Reports will be provided that cover: Recent progress for current month Identification of any outstanding issues or information needed Schedule and meeting updates and modifications, if necessary A monthly conference call (if not on-site) will be conducted with your Project Manager to discuss the content of the Monthly Progress Reports and any other pertinent issues. Additionally, we are always available to you for phone and/or email communications. We understand that the City would like progress reports to be included on its website at regular intervals. We will create these reports in a format that will allow the City to upload them to its website, giving the public access to major milestones in the project. To the extent that trips are scheduled during times when the City Council and Commission meet, briefings can be provided if desired. Integration of Existing Vision, Goals, Operations, Budgets, and Plans Our team will evaluate and effectively utilize information from recent past and/or current planning work. We will consolidate relevant information from these planning documents, inventory maps, budgets, work plans, and funding plans utilized by the Parks and Recreation Department to facilitate the comprehensive coordination of direction and recommendations. Documents will include (but will not be limited to): • 2003 Parks & Recreation Action Plan. • City of Meridian Comprehensive Plan (2011).. • Pathways Master Plan. • Impact Fees Study. • Downtown Meridian Neighborhood Pedestrian and Bicycle Plan (ACRD). • ACHD Roadways to Bikeways Plan. PARKS AND RECREATION MASTER PLAN Page 8 of 27 PROJECT NO. 10452 • City of Meridian Existing Conditions Report. • Ten Mile Specific Area Plan. • Future Land Use Map. • Plans completed by nearby agencies and/or Ada County, and other planning documents that are pertinent to this planning effort. Task 1: Department Mission, Vision, Values An organization's values are comprised of the agency's leadership and staff values and the community values. Your community's values direct the future vision and help determine those community conditions that you wish to impact through your organizational mission. The mission is why an agency exists, and the core business functions are how you fulfill your mission and achieve your community -specific vision. Creating consensus on fundamental principles creates a logical, philosophical framework that will guide your decision-making efforts. Articulating Previous Strategies Before we can fully articulate Values, Vision, and Mission, we must identify current strategies that are in operation within the City and the Parks and Recreation Department. Like most organizations, your City operates within the guidelines of pre -determined program and/or organizational strategies. Oftentimes, these have not been formally recognized as actual strategies or expectations, nor have they been considered as part of the organization's future. During the Strategic Kick -Off site visit, we will meet with the project team and staff members from other City departments to identify past operational patterns, such as allocation of resources, analyze their effectiveness, and consider their function in future operations. We will conduct a workshop with the project team and staff to review current Values, Vision and Mission, review the current City Values, Vision and Mission and begin to craft new Values, Vision and Mission for the Parks and Recreation Department. These new statements will be presented as the basis for the public input in focus groups and public meetings during both information gathering and findings. The resulting Values, Vision and Mission help us create a Community Profile that allows us to examine the tapestry of the City using available socio-economic demographic data and integrate those with the current economic conditions, the latest parks and recreation industry trends, and best practices to achieve your vision. Deliverables: • List of accepted mission, vision, and value statements for the Meridian Parks & Recreation Department. PARKS AND RECREATION MASTER PLAN Page 9 of 27 PROJECT NO. 10452 II. Inventory and Level of Service Analysis (RFP Tasks 2, 3 and 4) Task 2: Park Classification System Our Green Play team will work with the Department to classify existing park and recreation facilities in order to ensure that recommendations are consistent with community needs. We will: • Review existing park and recreation facilities and generate a list of park definitions that include size, service area, intended service group, and a general description. Potential park classifications may include, but are not limited to, Mini Park, Neighborhood Park, Community Park, Regional (formerly Large Urban) Park, Special Use Facility, and Pathways/Linear Parkways. • Also include classifications for parks provided by other community partners, including Homeowners/Business-owners Association Park, School District Park, and Western Ada Recreation District Park. • Confirm park classification system conforms to National Recreation and Park Association (NRPA) standards.' *We have included information on our proprietary version of Composite Values Method for Level of Service Analysis (called GRASP®) which allows us the ability to evaluate not only the quantity of your parks and recreation system, but also its quality. This methodology provides a more comprehensive assessment of your system and its components in meeting community needs. See more detail about current park standards and GRASP® in Task 3. Deliverables: • Park Classification System, including definitions, design standards, site selection criteria, and any applicable policies or land use guidelines. Task 3: Existing Parks & Recreation Inventory Inventory of Assets and Opportunities Our GreenPlay Team will collect data on existing public and private parks and recreation programs, services, and facilities. We will work directly with the Project Team and City staff, using any inventory that may be available in the existing Comprehensive Plan and the previous plan as a starting point. We will then create a GIS map of the data to prepare for analysis. Key issues regarding any of the assets from both staff and stakeholder perspectives will be noted. All analysis of facilities and internal components will be incorporated into a dynamic digital database that becomes property of the City of Meridian upon completion of the project. The assessment will include comparative analysis to communities of similar size and density using accepted standards and Composite -Values Level of Service methodology (details follow). The inventory will be compiled and analyzed to provide complete information. We can work with various information formats and will produce the final deliverables in both shapefile and textual formats that are dynamic and easily updated and used in the future. Once the physical inventory is completed and accurate, we will help analyze the system with quantitative, PARKS AND RECREATION MASTER PLAN Page 10 of 27 PROJECT NO. 10452 qualitative, and textual analysis. The inventory will include recommendations for locating areas for improvements to address unmet needs for active and passive recreation, and will address methods for minimizing duplication of offerings and/or enhancing possibilities for collaborative partnerships where appropriate. We will identify existing partnerships, as well as facilities offered by alternative providers, including homeowner association parks and business association parks within city -approved and developed subdivisions, public school properties within the comprehensive planning area, and all parks and recreation facilities owned and operated by the Western Ada County Recreation District (WARD). Inventory of Existing Facilities Design Concepts will conduct a digital inventory of the existing parks and recreational facilities analyzing the condition of the overall environment as it would relate to usability, comfort, connectivity, and safety. In addition, the inventory will include a specific scoring of all amenities, such as playgrounds, swing sets, shelters, ball fields, etc. The condition of the overall park and its amenities will become the basis for any future capital improvements within the overall park system. We will utilize available base GIS/CAD materials and fill in missing information to compile a comprehensive, updated inventory. We can work with various information formats and will produce the final deliverables in both shapefile and textual formats that are dynamic and easily updated and used in the future. Once the physical inventory is completed and accurate, we will help analyze the system with quantitative, qualitative, and textual analysis. This will be a dynamic user friendly inventory that you will have from this point forward. Level of Service Analysis — Composite Values Methodology Analyses of parks, open space, trails, and recreation systems determine how the current systems effectively serve the community, and while your holdings are not extensive right now, getting an analysis of where the gaps are and the quantities and locations needed in the future will help create the plan. The GreenPlay/Design Concepts Team uses composite -values methodology (CVM), with our version known as "GRASP®" (see sidebar). This is based on the scoring of sites and amenities (also referred to as components) in order to rate how each is performing for its intended purpose. To quantify current level of service (LOS) and make recommendations to ensure uses/spaces meet current and future needs of the local community, analysis will consider the capacity of each amenity (playgrounds, ball fields, trails, recreational and special facilities, etc.), as well as PARKS AND RECREATION MASTER PLAN PROJECT NO. 10452 functionality, accessibility, condition, comfort, and convenience. We will also identify other providers of community and recreation services and recommendations for minimizing duplication and enhancing possibilities for partnerships where appropriate. The assessment will also include a regionally comparative analysis to communities of similar size and density, using nationally accepted standards. We will also make recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate. In addition, we will evaluate the effectiveness of identity, marketing, positioning, technology, and customer service provision factors. Deliverables: • Map(s) with all public and private parks and recreation facilities identified within the City's current comprehensive planning area. • Copies of all park property descriptions, deeds, water rights (surface and ground) and partnership agreements. • Digital inventory of all private and public parks amenities. • Description of current recreation programs and facilities. • Update of Existing Conditions Report for the City's Comprehensive Plan. Task 4: Define Level of Service (LOS) Goals Facility and Asset Gaps We will collect and analyze information on usage, needs, desires, operations, maintenance, land use trends, and make recommendations. We will identify areas of service shortfalls and projected impact of future trends. Using the results of the statistically -valid survey, focus groups, stakeholder meetings, needs assessment, current level of service, current capacity and future growth, standards, and classifications analysis, GreenPlay will identify and prioritize the unmet facility and asset needs in the community. The gaps in facilities and assets can be identified using the nexus of unmet need and high importance. In addition, using the population projections as an overlay to current capacity and industry standards, we will project future needs. Program and Service Analysis We will assess the following goals for analysis of Programs and Services: • Provide an assessment and analysis of the City's current level of recreation programs, services, and maintenance. • Provide a user fee analysis for facilities, programs, and services. • Provide recommendations for minimizing duplications or enhancing possibilities for collaborative partnerships where appropriate. PARKS AND RECREATION MASTER PLAN Page 12 of 27 PROJECT NO. 10452 • Document current and future recreation programming needs through a community recreation needs assessment survey, based on a statistically -valid sample provided by the consultant team. • Evaluate and incorporate the findings of statistically significant needs assessment results. • Utilize standard analysis methods to forecast future needs. • Analyze recreation program demand with regard to currently -available facilities, including facilities owned by key alternative providers. Programs and Services Gaps We will collect and analyze information on participation, needs, desires, operations, and management strategies for programming and service offerings, and make recommendations. We will identify areas of service shortfalls and projected impact of future trends. Using the results of the statistically -valid survey, focus groups, stakeholder meetings, needs assessment, current level of service, alternative providers in the market, and current capacity, GreenPlay will identify and prioritize the unmet programming needs in the community. The gaps in programs and services can be identified using the nexus of unmet need and high importance. We recognize that information gathered during the community engagement process, background data, and current usage cannot alone tell the full story of a community's parks, recreation, trails, and open space needs. For this report, GreenPlay will utilize our national parks and recreation experience, to analyze and summarize potential trends that may influence the City for short-term recommendations and set the stage for long-term goals. Deliverables: • Park Acreage Level of Service. • Recreation Programs Level of Service. • Maintenance Levels of Service. • Benchmarks of comparable levels of service from other communities. III. Community Outreach and Public Participation (RFP Task 5) To improve public knowledge of this project and to encourage support for future parks and recreation planning projects, we will conduct a comprehensive public process. We understand the importance of listening, gaining an understanding of a community's vision, and guiding everyone to consensus on the future direction of a community. Citizens need to feel that their fingerprints can be found in a resulting plan that is specific to the community, easily understood, and actionable - especially in engaged communities such as Meridian. Particular emphasis will be placed on utilizing a diverse array of outreach methods, expanding the overall number of participants and age range of participants, facilitating participation by under- represented populations (seniors, children, ethnic groups, etc.). Our approach will allow PARKS AND RECREATION MASTER PLAN Page 13 of 27 PROJECT NO. 10452 community leaders to feel confident that the plan has sufficient buy -in and concrete implementation strategies to fulfill the community's vision. In pursuing community engagement, we recognize that one of the primary goals of this plan is to engage people from all facets of the City of Meridian — including harder -to -reach populations such as seniors, children, ethnic groups, low to moderate income communities, etc. We will attempt to reach people where they are by providing input opportunities and holding focus group meetings in locations convenient to existing community groups (e.g., meeting with parents groups at the school site, etc.). We will strategize with the project team to develop a public outreach and participation strategy to most effectively engage residents in this important planning project. We will also employ a sense of "urgency" in all communications, encouraging residents to take advantage of this opportunity and timing to influence their own future. Green Play evaluates feedback from key participants using specific methodologies that provide clearly identified and measurable outcomes. This feedback is also critical in the development of the citizen survey. The following chart highlights our most commonly used information gathering methods. We are very purposeful about making our encounters with the public meaningful and a good use of everyone's valuable time and energy. The actual outline of methodology that best fits this project and your community will be finalized and detailed during the Strategic Kick -Off meeting. However, we anticipate that the public input process will include at a minimum: PARKS AND RECREATION MASTER PLAN Page 14 of 27 PROJECT NO. 10452 Three Public Community Meetings • The first during the information gathering portion of the project that will provide an introduction to the project (i.e., purpose, scope, expected outcomes) and an opportunity to provide input about the desires and needs of the community. This meeting is intended to provide information and to validate and round out the qualitative information received from the focus groups. Focus group and interview participants are always interested in attending this follow up meeting to see what others have to say. A typical schedule for the information gathering week would be a Tuesday, Wednesday, and Thursday while Design Concepts and Breckon Land Design are conducting the Facility Inventory and Assessment. They will also sit in on a key few meetings. A Staff Focus group could be held on Tuesday morning, with 2 or 3 Focus Groups or Stakeholder Interviews being held during the day and evening on Tuesday and Wednesday. Thursday morning would include a Staff Debrief and next steps, in the afternoon the consultant team will prepare a presentation of what has been heard so far for the Community Meeting on Thursday evening. • The second to present the "findings" of the needs assessment (i.e., survey results, inventory results, areas of focus for the recommendations) and an opportunity to provide comments about the information presented. • The third to present draft recommendations as part of a Parks and Recreation Commission and City Council Presentation. Multiple Focus Group and Stakeholder Interviews During the week of Information Gathering, we can accommodate a minimum of 4-6 focus groups with targeted topics. For specific areas in which people may not attend, we can go to them. This may include specific demographics (seniors, youth), user groups (sports, aquatics, conservation, businesses, alternative providers, etc.). Individual stakeholders will be identified by the project team for interviews. These are usually key people outside of the project team, although we are always open to talk to anyone who wants to be heard. Approximately 10 in- person stakeholder interviews can be scheduled during the information gathering trip as possible and can also be conducted by phone at other times). Likely participants for both strategies may include (but will not be limited to): • Department Staff and Project Team. • Parks & Recreation Commission. • Other interested Commissions, as determined during Strategic Kick -Off. • Other Service Providers (public, private and non-profit, etc.), and primary stakeholders, such as youth, seniors, youth sports associations, outdoor recreation providers, disabled citizens, school officials, disadvantaged community members, and other stakeholders as mutually determined. • Specific community sectors, such as business, tourism, education, health community, local non -profits, youth, sports, cultural activities, visual and performing arts, aquatics, trails, seniors, and/or other key interest areas. We have found that speaking directly with representatives allows us to better understand the needs of the people they represent and barriers to delivering service. We make every attempt PARKS AND RECREATION MASTER PLAN Page 15 of 27 PROJECT NO. 10452 to quantify numbers of current and potential users along with facilities used by the groups and to identify future facility and programming needs and partnering opportunities. Statistically -Valid Survey As part of the quantitative needs assessment portion of the plan, our team will conduct a statistically -valid survey. As mentioned previously, it is the most useful method available to get the opinions of the NON-USERS in your community. We suggest that for this Parks and Recreation Master Plan, RRC Associates will create a mail - based survey of 4-6 pages in length (including cover letter). Our recent experience with communities, such as Meridian, shows that response rates to a mail survey will likely be in the range of 10% to 15% (although we will discuss potential ways to help encourage a higher return rate). As such, we could expect to receive enough completed questionnaires for analysis with a margin of error of+/- 5.7 at the aggregate level (depending on response). To help improve response rates, we would also anticipate that the City would assist with marketing and creating public awareness of the survey through media and other channels, such as local newspaper, radio, cable TV, City web site, and so on. Green Play will work with RRC and your project team to draft questions regarding awareness, needs, satisfaction, participation, desires, priorities, willingness to pay, and/or other issues determined by the project team. For any survey methodology, we encourage the City to offer some sort of participant incentive to residents, such as a prize drawing for passes to recreation facilities, gift cards to a local grocery store, or other local businesses, etc. We have substantial experience in designing surveys specifically for parks, recreation, and cultural services issues that are effective and representative of the users and non-users. Surveys will be well written and easily understood, and the results of overall needs will be tallied and summarized. All respondent comments will be included in the final report. NEW** MindMixer Online Community Engagement To help increase broad participation, we have added the use of MindMixer "Online Virtual Town Hall" to our community engagement arsenal. This tool creates a managed and facilitated online community dialogue, including polling, open online and user surveying, discussions, topic suggestions, prioritization options, etc. It also allows for people who may not be comfortable engaging in the public process to voice their opinions. We can promote this with the City, identifying it as an open engagement forum, and use it to ask specific questions that may need additional validation or input. The MindMixer site is available in several languages, so it is a good tool to engage this portion of the public, who may not participate in public meetings. The custom MindMixer site created for this project can be accessed online and by text message, smart. phone, etc. Examples of this process in use can be found at www.mindmixer.com. A specific example of one we've done recently can be viewed at winchester.mindmixer.com. This tool is designed to enhance community involvement and obtain feedback from people who may not necessarily come to meetings. We are excited to be PARKS AND RECREATION MASTER PLAN Page 16 of 27 PROJECT NO. 10452 the preferred parks and recreation management consultant firm using this innovative and successful MindMixer tool right now. Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis To develop a short and long-term strategy for the future planning of Meridian's parks and recreation service provisions, we will compile a SWOT Analysis using information gleaned from staff and public engagement. A SWOT Analysis is an effective and realistic way of identifying the market Strengths and internal and external Weaknesses, and for examining the Opportunities and Threats faced by the organization. This process will help to identify any deficiencies in the provision of services and programs, and it will also help to identify potential partners in the service area. Demographics and Population Projections We will identify the constituency of the City through a demographic analysis and market profile, utilizing all information available from previous planning efforts and gathered from the Planning Department, U.S. Census Bureau, ESRI sources, and other national and local sources. We will work directly with your Planning Department to help document growth and redevelopment areas and land use changes. A detailed demographic analysis based on service areas will outline trends and information that could affect the need for facilities and programming. Trends Analysis Trends analysis will consider demographic shifts and their impact on future recreation, parks, trails, and open space provisions. This analysis will also identify interest and participation levels for a variety of activities, will assess how services are provided through both administrative and planning trends, and will evaluate how Meridian's parks and recreation facilities and amenities compare to national and regional trends. This process includes strategic analysis of local, state, and national best practices and what is new in the field of parks and recreation. Deliverables: • Work plan detailing the community outreach strategy, including any innovative efforts, and timeline. • Graphic and written information (fliers, questionnaires, press releases, etc.) to support the public outreach efforts (both print and electronic formats). • Presentations to local user groups, Commissions, and City Council as needed. • Statistically valid survey and summary of findings. • Focus groups, staff, and public meetings; summaries of each. • Analysis of our Strengths, Weaknesses, Opportunities, and Threats (SWOT) or similar. • Demographics and community trends. PARKS AND RECREATION MASTER PLAN Page 17 of 27 PROJECT NO. 10452 IV. Recommendations and Strategic Goals (RFP Task 6) Findings and Visioning Strategies Development Workshop We recognize that our team needs to work with the City's project team to fully analyze identified findings and to create implementable recommendations for your future. We want to be respectful of the project team's time, while thoughtfully contributing our identified ideas, suggestions, qualitative, and quantitative findings. We also want to engage all interested project team members and key stakeholders in determining future vision and action plan steps for the City's parks and recreation needs. GreenPlay team consultants will compile initial findings from the public involvement, standards, inventory, and needs assessments and will prepare a summary of Findings for staff, decision makers, stakeholders, and the public to validate the accuracy of the findings. During this stage, we will confirm that all information identified and collected thus far is correct, and we will ask all stakeholders to share any additional issues or opportunities for consideration as we prepare to move forward into analysis and recommendations. Following review of the Findings, we will facilitate a Visioning Strategies Workshop that will include an analysis of all findings, and any other potential challenges. We will also identify opportunities for implementation steps, work plans, and funding implications. This Workshop will help provide an articulated guiding vision for future acquisition, development, and maintenance of parks and recreation facilities, with goals, desired outcomes, and standards identified to direct policy and acquisition for existing and proposed facilities. Visioning and Recommendations Based on the analysis of demographic information, participation, needs and desires, operations and maintenance, land use trends, level of service gaps, and projected impact of future trends, recommendations will be developed addressing needs for parks, acquisition, and opportunities for available funding. We propose the following goals for recommendations and action plan development: • Direction for level of service including acquisition and development of parkland, playgrounds, open space, and facilities to meet future needs. • Identification of gaps in service, as well as future service needs for the community. • ADA assessment of parks, facilities, open space, and playgrounds, as needed on each site, and included in the GIS dataset. • Recommendations for shift in operations, programs and amenities, with geo- spatial analysis of program locations included in the GIS dataset. • Financial plan for the development, modernization, maintenance and rehabilitation of parks, facilities, open space and playgrounds. PARKS AND RECREATION MASTER PLAN Page 18 of 27 PROJECT NO. 10452 • Funding and implementation strategies to implement financial plan. • Maps and GIS data layers/Microsoft Excel tools, with built-in formulas to model financial scenarios/decisions. • A summary chart of needed parks, facilities, capital improvement projects, and relative costs. • An Action Plan of prioritized projects and budget support and funding mechanisms for short, mid, and long-term implementation strategies. This will include goals, objectives, policies, and standards for community parks and recreation lands and facilities that will achieve the desired level of services and be responsive to the identified needs of the community. We will create a prioritized timetable for the development of parks, playgrounds, open space, and facilities. • Short Term Goals (2014 — 2016) • Mid Term Goals (2017-2021) • Long Term Development Goals (Post 2021) Deliverables: Develop charts, graphs, maps, and other data as needed to support the plan and its presentation to the appropriate audiences, including (but not limited to): o Existing needs assessment map: Facilities that are needed to adequately serve the current population. o Future needs assessment map. Facilities that are needed to adequately serve the projected population. o Description of future recreation programs and/or facilities needed to serve the projected population. o Prioritization structure for determining priorities in the face of competing demands and/or limited resources. V. Strategic Action and Implementation Plan (RFP Task 7) Action/Implementation Plan and Funding Source Table We will work with the project team to rank and prioritize recommendations, balancing needs and cost/benefit analyses, capacity of the City, and budgetary realities. The product of this task will be a set of recommendations with strategies, priorities, and identification of budget support funding mechanisms phased into immediate, near-term, and long-term timeframes addressing needs regarding land acquisition, along with the development of parks and recreation lands and facilities. An Action Plan, including costs, potential funding mechanisms, timing, and responsible party will be developed for the City of Meridian. Present and Projected Fiscal Resources GreenPlay will conduct an overview analysis of existing funding to meet existing needs and projected funding to meet future needs. In addition, we will analyze other sources of funds, such as levies and bond issues and strategies for land acquisition, including easements. We will look for gaps in the current management and funding system and look for potential areas of PARKS AND RECREATION MASTER PLAN Page 19 of 27 PROJECT NO. 10452 improvement. Meridian's funding sources will be compared against similar communities to determine best practices, and our team will consider the feasibility of creating a donation fund for the Parks and Recreation Department. Cost Recovery and Resource Allocation GreenPlay is a national leader in teaching and developing innovative approaches to handling the often contentious financial issues of "how much taxpayer subsidy is enough?" or "where should the resources go?" GreenPlay has established and improved the "Pyramid" methodology for helping agencies create an overall philosophy and approach for resource allocation, program pricing, and cost recovery evaluation. We currently teach at conferences and train agencies and universities in the implementation and use of this straightforward but innovative methodology, which is invaluable for making tough resource allocation decisions, and creating pricing and cost recovery strategies. This methodology will be helpful for evaluating the financial sustainability of the Parks and Recreation Department from both operational and capital funding aspects. As part of your project, we will use the concepts for identification of gaps and/or areas of non -consensus, along with introducing the concepts for this framework for decision making. As part of GreenPlay's proposed process, we will introduce your staff to this methodology and use it for the basis of "what if" scenarios predicated on the City's financial sustainability goals. The philosophy and model will aid in future budgeting and planning and will become the foundation for negotiating, re -negotiating, and managing: • Partnerships, collaborations, and sponsorships. • Agreements and memorandums of understanding. • Land dedication or fees -in -lieu. • Development impact fees and/or system development charges. • Benefit assessment districts. • Fees, charges, and pricing strategies. Note: A full detailed analysis of cost recovery, divisional budgets, and/or pricing is not typically included in an analysis such as this but can be facilitated separately or concurrently for an additional fee, if this is determined to be a desired key focus area. Alternative Funding and Partnerships GreenPlay has extensive experience evaluating options for alternative funding. Alternative funding typically includes grants, donor programs, sponsorships, and/or partnerships. Our Project Team will identify key partners in the area through the planning process and can provide management recommendations to enhance this potential funding area. This task does not include procurement of alternative funding, but this can be addressed separately if desired. In fact, we have developed sample partnership and sponsorship policies that our clients are using across the country. Deliverables: PARKS AND RECREATION MASTER PLAN Page 20 of 27 PROJECT NO. 10452 • Capital Improvement Plan: Prioritize park and recreation needs and include planning- level cost opinions for each. Each specific project should include a general scope of work, implementation schedule, budgetary cost, and an identified source of funding. Create 5, 10, and 20 -year plans. • Operating Cost Model: Provide a recommended operation and maintenance cost model for parks. Provide a recommended operation and cost recovery model for recreation programs, including classes/camps, special events, and sports programs. This plan should include an update to the life cycle and cost replacement model for capital elements to be installed at each park and recreation facility. • Alternative Fundraising Plan: Include a list of potential alternative sources of revenue the City may use to develop parks, recreation, and open space. Identify grant opportunities for specific projects, provide grant contact information, and develop grant application schedule so deadlines can be met. Include a recommendation on creating a donation fund. • Partnerships: Provide a list of potential partnerships where some parks and recreation system functions might be managed through public/private agreements, in coordination with other municipalities or agencies or by specific user groups. • Key Performance Measures: Identify key performance measures that can be tracked over time as part of our "dashboard" charts to review progress toward goals. • Impact Fees: Recommend any additions or modifications to the City's Parks & Recreation impact fee structure for consideration in future impact fee plan updates. VI. Staffing Plan and Department Organization (RFP Task 8) Operational and Business Analysis/Financial Management and Strategy Financial and Operational Analysis We will review existing City organizational structures for managing the parks and recreation system and suggest growth plans for personnel, infrastructure, equipment, operational, and maintenance needs, with associated cost estimates. This analysis will include the Parks Division, Recreation Division, and the Administrative Division. Operations and Maintenance Analysis GreenPlay will conduct a review of existing park operations and maintenance practices in relation to operational expectations and industry "best practices." The review will consist of staff interviews; review of user feedback, budgets, and policies; and site visits. We will develop recommendations for operations, staffing, and maintenance needs. GreenPlay consultants will place a focus on sustainable operations and strategies for improving park maintenance levels and efficiencies. All Plan recommendations will take into account cost effective options for on- going operations and maintenance, including options for volunteers and/or other partnerships. PARKS AND RECREATION MASTER PLAN Page 21 of 27 PROJECT NO. 10452 If appropriate, we will also provide recommendations related to the development of more detailed business planning efforts in the future. Deliverables: • Staffing plan, including existing gaps and future needs, for all three divisions in the Parks & Recreation Department, including: o Parks Division; o Recreation Division; and o Administration Division. Future organization charts to go with the 5, 10, and 20 -year capital improvements plans. Description of the Department's volunteer program. VII. Urban Forestry Management Strategy (RFP Task 9) As Meridian has experienced exponential population growth in a short period of time, it has had to evaluate how to manage natural resources. We understand that the City had an urban forest containing approximately 3,800 trees. We will work with the City Arborist and member of the Department who are currently developing the GIS Inventory of the urban forest. Breckon Land Design will work with the City to develop a management schedule for this urban forest that will allow the City to sustain this important resource. GreenPlay has worked with its non- profit counterpart, GP RED, on a Children's Forest Corridor project for the U.S. Forest Service, and we are familiar with how these assets benefit the community. If desired, we can integrate this information into the management plan. Deliverables: • Urban Forestry Management Chapter/Report. • Goals and objectives for Meridian's urban forestry management. VIII. Pathways Plan Recommendations (RFP Task 10) We understand that the City has a Pathways Master Plan that is updated regularly; however, the City wishes to use the Parks and Recreation Master Plan as an opportunity to review and update policies in the plan, including long-term ownership and maintenance. Our team will review the most recent (2010) Pathways Master Plan and evaluate the following: • Provide a cost estimate for operations and maintenance costs for build -out of the pathways network. • Review current Master Pathways Agreement between the City and Nampa & Meridian Irrigation District. • Recommend policy changes as appropriate. Deliverables: • Proposed modifications to the Park System Master Plan. • Draft policy language regarding pathway ownership and maintenance. PARKS AND RECREATION MASTER PLAN Page 22 of 27 PROJECT NO. 10452 • Updated condition of approval wording for development applications related to pathway development, ownership, and maintenance. IX. Park Concept Designs (RFP Task 11) Site Conceptual Plans Site Conceptual plans will be facilitated by Breckon Land Design for three planned parks. We will include materials to be presented at public meetings and will analyze the needs and level of service analysis to develop recommendations for these future parks. A total of 4 meetings will be held, 1 meeting specific to each park site and a combined public meeting to get feedback and validation on the 3 park designs. Deliverables: Complete concept plans for each park site showing primary entrance, parking, and locations of all facilities including (but not limited to) play areas, picnic shelters, restrooms, multi-purpose fields, baseball fields, tennis courts, special use facilities, etc. Conceptual plans and cost estimates will be included for the following sites: • South Meridian Regional Park (77 acres); • Margaret Aldape Park (size TBD, approximately 60-70 acres); and • Borup/Bottles Properties (47 acres). The Conceptual Site Plans will show what the program (planned uses and components) is for identified sites and how the program will be arranged on each site. Some elements may be shown to scale, but others might be shown as symbols or "bubbles." Connections and/or buffers between uses may be represented diagrammatically as well. The intent of a conceptual plan is to see how planned uses can be accommodated on the site and how they will relate to one another and to adjacent uses. The conceptual plan will show how the site will function, and it will provide assurance that the proposed program is feasible on the site. The relative amounts of land dedicated to each use can then be determined. The goal of the Site Plan will be to gain public understanding and acceptance of the project and to allocate funding for the project. The final product will include a rendered plan and supporting graphics that may include sections, perspectives, etc., along with itemized cost estimates and narrative descriptions of the project, as well as potential phasing and implementation strategies. Breckon Land Design provides comprehensive landscape architecture and design services, and they can add additional detailed services if desired, such as detailed phasing, design, and construction documents, illustrative perspectives beyond the concept plan, etc. PARKS AND RECREATION MASTER PLAN Page 23 of 27 PROJECT NO. 10452 X. Draft and Final Plans, Presentations and Deliverables Recommendations, Implementation Strategies, and Draft Plan After validating the Findings and conducting the Visioning Strategies Development Workshop, we will draft the Parks and Recreation Department Master Plan. The plan will include formal recommendations, along with an Action and Implementation Plan, which will summarize needs assessments, potential competitors, partnership opportunities, and overall outcomes and recommendations. Draft Plan Presentations will be presented to the staff, representative stakeholders, and the public. Revisions and recommendations will be incorporated into your Final Plan. A Draft Plan that includes written goals, plans, objectives, and policy statements that articulate a clear vision and model (a "road map") for the Parks and Recreation Department's future will be submitted for preliminary review, and all comments will be incorporated into your Final Plan. Final Master Plan Preparation Phase We will meet three times with the project team staff and the public (during Start-up, During Findings/Visioning, and during the Draft Plan stage), along with presentations to Parks and Recreation Commission and the City Council for review and development of the Plan. We pride ourselves on providing well-written, concise, and easily understood plans, both in digital and printed format, along with graphics, analytical mapping, text, and drawings. One (1) copy of the Draft Plan will be submitted to City staff for preliminary review, revision, and for recommendations. All comments will be incorporated into your Final Plan. A Final Plan Presentation will be presented to the above-mentioned governing entities, as well as to your staff, representative stakeholders, citizens, the Parks and Recreation Commission, and the City Council. We will provide the following: • One (1) printed copy of the final approved Master Plan document, one print ready digital copy of all Microsoft Office 2010 (or later) documents, Acrobat files, and ArcView GIS files. Our plans also include at no additional charge: • Qualitative and Quantitative analysis methods beyond those specified in the Request for Proposal designed to address specific key issues, constraints, and opportunities the City's future livability and the contribution of parks, recreation, and open space to economic development and viability. • Our commitment that for each task, we will quickly assess your current circumstances and provide what you need to move to the next level in your community, rather than providing you with just a standard master planning "cookie -cutter" response. PARKS AND RECREATION MASTER PLAN Page 24 of 27 PROJECT NO. 10452 Report and Graphic formats: • Microsoft formats, including Word, Excel, PowerPoint, and Publisher (with font files if necessary) for documents. • ArcView shapefiles for GIS data. • JPG and HTML formats for the website. • AutoCAD files for design drawings, if necessary. Proposed Project Timeline Green Play typically prepares Master Plans for presentation within 10-12 months depending on the draft and final presentation schedule. We request that the City's project staff be responsive with turnaround on review and approval of documents, and we will workjointly to lay out a mutually agreed upon detailed timeline upon award of the project in order to meet this timeframe. We recognize the need to be both flexible and efficient as part of a community planning process. We will conduct and attend the number of meetings needed in order to help you get this project completed in a way that works specifically for your agency. PARKS AND RECREATION MASTER PLAN Page 25 of 27 PROJECT NO. 10452 While Green Play staff will be available throughout the project by phone and email for ongoing communications, the primary team trips are organized as follows: There area total of five trips planned for GreenPlay consultants. Two presentations are specifically setup for the City Council and the Parks and Recreation Advisory Commission (joint meeting is recommended as they must occur within the planned trips). If desired, other meetings with the City Council or Advisory Commission must be set up during planned trips. This schedule may be changed somewhat during the Kick -Off meeting, as long as the five trips are not exceeded without consideration of additional scope and fee. Supplemented with staff briefings to governing bodies, we have found this to be a very workable format for a master plan project. Strategic Kick -Off Meeting: A meeting with continuing series of calls as team members familiarize themselves with the existing planning documents, materials, etc. Inventory and Information Gathering: The Project Manager works with City staff to assemble the inventory and meet with the staff and the project team. This period also includes public meetings and focus groups. We also meet with various committees and stakeholders, etc., as needed. We will identify key issues for solution development at the next stages. Findings and Visioning Workshops: Full day workshop with the project team and staff to present compiled Findings, Demographics, Trends, etc. and validate the information gathered thus far. We will develop ideas for draft conceptual recommendations and implementation strategies. Draft Presentation: At a joint Public Meeting with the City Council and the Parks and Recreation Commission. Final Plan Presentation: Presentation to City Council of the final Master Plan for adoption. PARKS AND RECREATION MASTER PLAN Page 26 of 27 PROJECT NO. 10452 y"'s 4� �i�`��m`X ��i'2. 1»i _'Y' .yam^ •i �. .y""t � While Green Play staff will be available throughout the project by phone and email for ongoing communications, the primary team trips are organized as follows: There area total of five trips planned for GreenPlay consultants. Two presentations are specifically setup for the City Council and the Parks and Recreation Advisory Commission (joint meeting is recommended as they must occur within the planned trips). If desired, other meetings with the City Council or Advisory Commission must be set up during planned trips. This schedule may be changed somewhat during the Kick -Off meeting, as long as the five trips are not exceeded without consideration of additional scope and fee. Supplemented with staff briefings to governing bodies, we have found this to be a very workable format for a master plan project. Strategic Kick -Off Meeting: A meeting with continuing series of calls as team members familiarize themselves with the existing planning documents, materials, etc. Inventory and Information Gathering: The Project Manager works with City staff to assemble the inventory and meet with the staff and the project team. This period also includes public meetings and focus groups. We also meet with various committees and stakeholders, etc., as needed. We will identify key issues for solution development at the next stages. Findings and Visioning Workshops: Full day workshop with the project team and staff to present compiled Findings, Demographics, Trends, etc. and validate the information gathered thus far. We will develop ideas for draft conceptual recommendations and implementation strategies. Draft Presentation: At a joint Public Meeting with the City Council and the Parks and Recreation Commission. Final Plan Presentation: Presentation to City Council of the final Master Plan for adoption. PARKS AND RECREATION MASTER PLAN Page 26 of 27 PROJECT NO. 10452 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $134,990.00. TASK DESCRIPTION AMOUNT Strategic Kick -Off and Determination of Critical Success Factors $9,820 Task 1 Department Mission, Vision, Vales $1,103 Task 2 Park Clarification System $3,130 Task 3 Existing Parks & Recreation Inventory $8,445 Task -4-Define Level of Service (LOS) Goals $7,130 Task 5 Community Outreach and Public Participation $37,103 Task -6--Recommendations and Strategic Goals $15,920 Task 7 Strategic Action and Implementation Plan $3,650 Task -s-Staffing Plan and Department Organization $1,890 Task 9 Urban Forestry Management Strategy $3,945 Task 10 Pathways Plan Recommendations $6,945 Task 11 Park Concept Design $21,945 Task 12 Draft, and Final Plans, Presentations and Deliverables $13,964 TOTAL $134,990 There will be no reimbursement for any expenses, travel or otherwise, as they are included in the Not -To -Exceed Total of each task. PARKS AND RECREATION MASTER PLAN Page 27 of 27 PROJECT NO. 10452 Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-007 ITEM TITLE: DEVELOPMENT AGREEMENT - SUGARMAN SUBDIVISION Development Agreement for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-088000 BOISE IDAHO Pgs=33 VICTORIA BAILEY 101291201409:32 AM MERIDIAN CITY NO FEE IIIIIIIIIIIIIII IIII INIIIIIIIIIIIIIIIIIIIIIIII11 00035130201400880000330333 DEVELOPMENi'AGREEMENT PARTIES: 1. City of Meridian 2. George Sugarman, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_ day of Q��j� t% , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and George Sugarman, whose address is 1049 Columbia Circle, El Dorado Hills, CA 95762, hereinafter called OWNER/DEVELOPER. 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", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 5.04 acres described in Exhibit "A", requesting a designation of C -C (Community Business) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—SUGARMAN SUBDIVISION (AZ 14-007) PAGE 1 OF 8 1.6 WHEREAS, the 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, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 151h day of July, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions ofLaw and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHERE, AS, 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 ofthe Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is amunicipal Corporation and government subdivision ofthe 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. DEVELOPMENT AGREEMENT- SUGARMAN SUBDIMION (AZ 14-007) PAGE 2 OF 8 3.2 O WNER/AEVELOPER.. means and refers George Sugarman, whose address is 1049 Columbia Circle, El Dorado Hills, CA 95762, the party that address said Property and shall include any subsequent owner/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 zoned Community Business District (C -C) and attached hereto and by this reference incorporated herein as if set forth at length. 4 USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5.. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developershull develop the property in accordaneewiththe following special conditions: 5.1.1 Direct lot access to W. Ustick Road and N. Linder Road is prohibited except for the access points approved with the plat in accord with UDC 11-3A-3. Access to N. Linder Road shall be restricted to right-in/right-out and access to W. Ustick Road shall be determined by ACRD. 5,1,2. Future development of this site shall be generally consistent with the conceptual development plan shown on the landscape plan in Exhibit A.2, except for the drive-thru shall be relocated (if proposed) internally andnotbe located along the east or north boundaries ofthe site adjacent to existing and future residential properties. 5.1.3. A drive-thm establishment shall not be located along the north or east boundaries of the site adjacent to existing and future residential uses. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENTAORS NEDff-SUGARMANSUBDIVISION(AZIQ-007) PACE 3 OF 8 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 defaultby owner/Developer of anyone or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSpEl CTION: 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. DEVELOPMENT AGREEMENT-SUGARMAN SUBDIVISION (AZ 14-007) PAGE 4 OF 8 Bement, 9 REQUIREMENT FO RECORDATION: City shall record this Agr including all of the Exhibits, and submit = o such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning � il I to rad the thopt e City Council. I£ for any reason after such recordation, of the Property contemplated hereby, the ordinance in connection with the annexattionasa �t of release of this Agreement. City shall execute and record an appropriate 10. ZONING; City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the property as specified hetero. SURETY OF PERFORMANCE: The City may also require surety bonds, 11. irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. ed 12 CERTMCATE OF OCCUPANCY: No Certificates of Occupancy accepthall beed by the in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BX ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered pree or threeretur(3)cdays requested, addressed in the United States Mail, registered or certified mail, postage as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: George Sugarman 1049 Columbia Circle El Dorado Hills, CA 95762 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the Other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-SUGARMAN SUBDIVISION (AZ 14007) PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced betweenthe 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 attomey's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree thattime is strictly of the essence with respect to each and every term, condition andprovisionhereof, andthat the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Omer/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement 18INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party shall act reasonably in giving any consent, approval, or taking any other actionunder this Agreement. 20. COOPERATION OF THE PARTIES: Inthe event of any legator equitable action or other proceeding instituted by any tbird ply (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between owner/Developer and City, other than as are stated herein. 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 bythem 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 goveming the uses and/or conditions governing re -zoning ofthe 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- DEVELOPMENT heDIIVELOPMENT AGREBtvIDNT-SUGARMAN SUBDNISION (AZ 14-007) PAGE 6 OF 8 notice provisions provided fora zoning designation and/or amendment in force atthe time of the proposed amendment. 22 EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executedthis agreement andmade it effective as hereinabove provided. OWNER/DEVELOPER: M 3yce EST: e . olman City Clerk CITY de Weerd DEVELOPMENT AOREEMENr—SOGARMAN "D1v1S1oN (AZ 14-007) PAGE 7 OF 8 STATE OF c Qom) . ss: County of (� t ) 2014, before me, the undersigned, allotary Public in and On this \day of for said State, personally appeared George Sugarman, known or identified to me 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. (S JUSTIN R. HARRISON Commission M 2056501 z Notary Public - Caltiorma i •+�, Sacramento County My Comm. Expires Jan 31.2016 r STATE OF IDAHO Notary b& for te Residing My Commission Expires: �di�'b SS County of Ada ) On this day of (�c���,/ � 2014, before me, a Notary Public, and Jaycee L. Holman, know or identified to me to be the personally appeared Tammy de Weerdity of Meridian, who executed the instrument Mar and Crk, vely, of the C that x scute the nstrumtent of behalf of said City, and acknowledged tom that such City ex sited the same. hereunto set my hand and affixed my official seal the day IN WITNESS WHEREOF, Ihave and year in this certificate first above written. (SEAL) No Public for I aho Resi ' gat: t-�ex�d Commission expires: PAGE R OF 8 DEVELOPMENT AGREEMENT—SUGARMAN SuilopasioN(AZ 14-007) EXHIBIT A LEGAL DEBcRIPTION FOR SUGARMAN SUBDIVISION ANNEXATION A parcel of land located In the SouthweSt114 of Section 36, Township 4 North, Range 1 West, Boise Meridien, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: the wool 11110 of the Southwost 1/4 of Seoflon 36, Township 4 Notch, Randa 1 West, Boise Moddllan mom men mfound ound to be 293766 and taken Be Norllr 00`15'11" East wlflr fho distance BEGINNING at the Section cTrnvnahip 3 North. Range 1 West Boise Meridian from . Id 36 'rownohlp 4 North. h the 1 Weal, and Sections 1 and 2, West V4 corner of said Section 36 bears North 00°15'd s ctio a distance 0 15'11"6 fes thence along the Wesl line of the Southwest 114 of sale section 38 North 00'16'11" East a distance of $29.69 feet; thence leaving Bald West line South 89°40'14" East a distancelnl88 the South line of the thence South 00'16'16" Wool a distance of 330.33 feel to a p Southwest 114 of said Section 36: thence along Bald south line North 88.42'54" West a distance 01665.66 feet to the POINT OF BEGINNING, , feet or existing easementsSaid parcel staining right219,666 squoreof record o� Impllsdmora or lase and Is subject to all END OF DESCRIPTION Russell E. Bedgley, P.L.S. 12468 Timberline SUrveying 847 Park Centre Way, Suite 3 Nampo, 208) 408.6687 83861 Sugarman Subdivision AZ•14-007 CITY OF MERIDIAN FINDINGS OF FACT; CONCLUSIONS OF LAW D DECISION & ORDER (:�)�$ IDIAN*-�- IDAH.O Acres of Land with a ar ng In the Matter of the Request for Annexation and Zoning of 5,04 of Sugarman District; and Short Plat Consisting of Four (4) Building Lots on 3.99 Acres S garmand for Commercial Subdivision, Located at 1450 W. Ustick Road, by Case No(s). AZ -14-007; SUP -14-001 For the City Council Hearing Date of: July 1, 2014 (Findings on July 15, 2014) A. Findings of Pact I for the hearing date of July 1, 2014, incorporated by 1. Hearing Facts (see attached Staff Repor reference) 2, process Facts (see attached Staff Report for the hearing date of July 1, 2014, tocaporated by reference) hed Staff Report for the hearing date of July 1, 2014, 3_ Application and property Facts (see attac incorporated by reference) evelopment Code (see attached Staff Report For the hearing 4. Required Findings per the Unified D date of July 1, 2014, 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 Unifted Development Code codified at Title 11 Meridian City Code, and all current zoning maps Orexeof. The City of Meridian has, by ordinance, established the Impact Area 2011, Resolution No. d (he Amened 1 784 and M rehensive n f the City of Meridian, which was adopted April 19, 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -SA. 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. MERIDIANCrry OF AZ -14-007; SWIG OF 0a1 ACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS 1- h this 6. That the City has granted an order of approval in accordance wthe Clerku Decision, the applicant, he signed by he Mayor and City Clerk and then a copy serve by cestin notice. planning Department, the public Works Department and any affected party req g 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 1, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order provided in Meridian City Pursuant to the City Council's authoritys of Pact w ch are herein adopted, it is hbased upon hereby ordered ed that the above and foregoing Finding 1. The applicant's request for annexation and zoning is hereby approved with the requirement oef lT a development agreement with the provisions in the Staff Report for the hearing Y 2014, attached as Exhibit A. 2. The applicant's request for a short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 1, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and al plat, or short plat shall become null and void if the applicant fails to obtain the city lat u the combined re on the final plat within two (2) years of the approval of the preliminary P preliminary and final plat or short plat (UDC 11-613-74 In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two ( al years, maybe considered For final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, he Director may authorize a single extension of time o d to t ma extit ons up Engineer's signature on the final plat not to exceed two (2) years, ranted. With all to two (2) years as determined and approved by the City Council may combined extensions, the Director or City Council may require the preliminary plat, preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. U the above timetable is not met and the applicant does not receive a timeC 1(- extension, the property shall be required to go through the platting procedure again (UD 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I1 -SB -3D). A modification to the development agreement may be initiated prior to signature of the Cff YOU MEMllAN nN7 D1N(,S -W PACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE N 2- agreement by all parties and/or may be requested to extend the time allowed for the agreement tbe signed and returned to the City if filed prior to the end of the two (2) y pp period (UDC 11-511.317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, dcnial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City Of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 1, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ, 14-007; SHP-I"1 _ 3 By action of the City Cauncil at its regular meeting hold on the day of 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOVD—&Q voTEn Ay � COUNCIL VICE PRESIDENTTCBrM131RD VOTED'AA-01 COUNCIL W MBER DAVID ZAREMBA VO'1g3D D:q-e COUNCIL MEWER JOE 13OR10N voTeD a e COUNCIL MEWERLUKE CAVENER VOTED Pbs^k" COUNCIL MEMBPP'GBNESIS MILAM VOTED MAYORTAMMY de WEERD (TIE BREAKER) Mayor T de Weer d City AttorueY, Copy nerved upon Applicant, The Planning Division, Public Works Department an / Dated: L INS C ea CITY OF hCRIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOM- AZ -14-007; SBP -14.001 4 RX=rr A STAFF REPORT Hearing Date: July 1, 2014 CjfERID IAN TO: Mayor & City Council NN, FROM: Sonya Watters, Associate City Planner If]AHo 208-884-5533 Bruce Fre0deton, Development Services Manager 208-887-2211 SUBJECT: AZ -M4-007; SBP -14-001— Sugarman Subdivision L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, George Sugarman, has submitted an application for annexation and zoning (AZ) of 5.04 acres of land with a C -C zoning district- A short plat (SHP) is also proposed consisting of 4 building lots on 3.99 acres of land for Sugarman Subdivision, See Section IX of the staff report for more infonnation. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and SHP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Merldian Plannine A 7nnino Commission heard the AZ request an lune 5 2014. At the r ,.v t1, h rrt A ut public hearine khe Commiccian moved to recommend ann .� . _ reqes IL ti'LiroarV of Commssion Pnblic earine: L In favor: amn Bailey jj, in nnnnci� ti,�n: None ijj, Commentine: None iv. $Tritten testimgnv Laren Bailey V. CtnfFpse^.tine annti�tinn: Sonya Watters vi. b. x r !sl nP Iliccnasion by Commission: i. None C. 'n3ion Chanee(sl * 5t_ff Recommendation: L None d. Outstanding Isstte(s)for City o ncil: i. lYY= a in fwvnr: Septt R errnw � Tn nnnncifinne Nnne commenting, Nnne L& Wr'tte to ts;h wa Naw Rrurr. CNatterlan �, cMff nrecentino nnnlirattnn: Kyle Radek XL Other inff rnmmenting on wnnliratinn• b r.__, ia�„od nflliarncainn by ('nnnril• 'nn the c • er anA wwtpr mwinc M and thrm�gh the ij deX7 1 f t r nF t nnhl s �rh Yn a ws a na r �c idenhF ed a the time of hmtding nermih Sugarman Subdivision AZ -14-007; SHP-14.001 PAM 1 EXHIBIT A 1i. r - W. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 007 & SHP-14-001, as presented in the staff report for the hearing date of July 1, 2014, with the following modifications: (Add any proposed modifications), Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-007 & SHP-14-001, 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 Numbers AZ- 14-007 & SHP-14-001 to the hearing data of (insert continued hearing date here) for the following reas0n(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site AddresslLocation: The site is located at 1450 W. Ustick Road, in the SW 1/4 of Section 36, Township 4 North, Range 1 West. (Parcel #: S043633611 1) B. Owner(s): George Sugarman 1049 Columbia Circle El Dorado Hills, CA 95762 C. Applicant: Same as owner D. Representative: Laren Bailey, LEI Engineers 3023 E. Copperpoint Drive, Ste. 201 Meridian, ID 83642 E. Applicant's Statementl7ustification: Please see applicant's narrative for this information, V. PROCESS FACTS A. The subject application is for annexation and zoning and short plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning application; a public hearing is only required before the City Council on the short plat, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 19, and June 2, 2014 (Commission); June 16 and 23. 2014 (0tv Council) C. Radius notices mailed to properties within 300 feet on: May 8, 2014 (Commission); lune 12, Sugarman SubdiVW0nAZ`14-ne7; SHP-14-001 PAGE EXHIBIT A 7014 (Gifu Council, D, Applicant posted notice onsite(s) on: May 22, Ml (Commission); June 20 2014 (City Council, VL LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property, zoned RUT in Ada County. B, Character of surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residentiallagricultural property, zoned Rl in Ada County 2. East: Agricultural property, zoned RUT in Ada County 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4, West: N. Linder Road; vacant/undavelopedland, zoned CC C. History of Previous Actions: None D, Utilities: 1. Location of sewer: Sanitary sewer service to the proposed development currently exists in W. Ustick Road. 2. Location of water: Domestic water service to the proposed development currently exists in W. Ustick Road and N. Linder Road. 3. Issues or concerns: None E. Physical Features: 1. CanalslDltches Irrigation: There's a ditch that bisects this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use - Community, (MCT -C) on the Future Land Use Map (FL.UM) contained in the Comprehensive Plan. The purpose of the MU -C designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip eoR ,dentiarcial , pisses buildings. hould Ali se a developments should have a mix of at least three land use typ minimum of 20% of the development area at densities ranging from 6 to15 unitslacre. The applicant proposes to annex the subject property with a C -C zoning district and develop the site with a 3,600 square foot (af.) gas station, a 12,500 sf. reteil/commereial multi -tenant building, and a 5,000 s.f. bank. Staff finds the proposal will provide a mix of 3 different types of land uses as desired; the adjacent properties to the north and east are designed medium density residential (MDR) on the PLUM, which will provide the residential component desired in this area. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Sugarman Subdivisiou AZ -14-017; SAP -14-001 PAGES EXHIBIT A • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.011) The UDC (Table 11-211-3) requires a 25 foot wide landscape buffer to residential uses along the north. and east boundaries of the site to protect existing and future residential properties. Currently, there are no residences directly adjacent to the site. • "Eticourage infill development" (3.01.02B) The subject property is part of a. larger area in the county that is surrounded by City annexed property; annexation of this Infill property will allow city services to be extended to the property as intended and provided for. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) No pedestrian connections are depicted on the concept plan to adjacent properties. Staff recommends a pedestrian pathway is provided to the north and east for fiuure interconnectivity. • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets:' (2.01.04B) Landscaping is required within the planter islands in the parking areas with development of this site, • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A 25 font wide landscape buffer is required along W. Ustick and N. Linder Roads as shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 & 11-3B-7. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.011) City services are available and will be extended with the development of the site in accord with UDC 11-3A-21. VIIL UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-213-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Small-scale convenience uses with limited hours of operation and access to arterial or collector streets are desired in the GN district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for a fuel sales facility, retail shops, and a financial institution are all principal permitted uses in the C- C zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-3 for the C -C zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-211-3 for the C -C zoning district. E. off -Street Vehicle ParkingBicycleParking: off-street vehicle parking and bicycle parking is Sugarman Subdivision AZ -14-0W; SUP44-001 PAG]a4 EXHIBIT A required in accord with UDC 11-3C-6 for nonresidential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a toxo of 55.0g zoning s consistent with the district. As discussed above in Section VII, the Proposed corresponding FLUM designation of MU -C. lan A conceptual development plan is sashstetionown On ahin ibit A.2 that 12,5 0 s.f. emillcommere landscape p c al mu d e ant building depicts a 3,60 square foot (8-0g re and a 5,000 s.f. bank with n dr f The R Xito land that is designated for resiivcAhru is shown on the cast dential l uses on the adjacent to the east boundarynose FLUM. Staff recommends the drive-thru is relocated inis ternally to Imeo "the City Council milac on future adjacent residences; the plan should be revised accordingly Prior meeting. submitted with the application, included in F�ddbit C, shows the boundariesboundariesThe legal description of the prop proposed annexed and rewned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. require a development agreement (DA) in conjunction with an annexation Pursuant The City may to Idaho Code section 67-6511A. In order to ensure theosite on of annexation proposed with this n with the provisions application, staff recommends a DA is required as a Pr included in Bxbibit B. Because the FLUM designation for this property is MU -C, which allows for a mix of community serving uses, Staff believes the proposed C -C Zoning is appropriate for this property - 2, Short Plat The proposed short plat consists of 4 building lots on 3.99 acres of land in a proposed C -C zoning district. reviewed the proposed plat for compliance with the Dimensional Standards: Staff has dimensional standards listed in UDC Table 11-2B-3. A 25 -foot wide landscape street buffer is required along Ustick and Linder Roads and a 25 -foot wide landscape buffer is required along the ired north and east boundaries adjacent to existing and future residentiallaeseds buildings There gsemnaoy not building setbacks other than those where landscape buffers are req sttpet encroach within the buffers- The Is plan should be revised to reflect the required buffer widths and landscaping in accord with UDC Table 11-2B-3 and 11 -3B -7C respectively prior to the City Council meeting. Existing Structure(s): There are no existing structures on the site. Access: Access to this site is proposed on the plat via W. Ustick had and N. t and accessed Wer ad- Staff recommends access to N. Linder Road s restricted to right-in/rig Road should be determined by ACHD. Staff has not yet received the ACRD report. and An access easement is depicted on flip plat, ty boundary for future interconnentered on the common lot line ch� ty and to een Lots the 4, from W. Ustiek Road to the north property Y west boundary across Lots 1-3. access via a local t. access to a local Access cro s -a cess /ingress -egress easments are rpqt available to this site uirpd to be granted ro joining Sugarman Subdivision AZ -14-007: SPP -14-001 PAGE5 EXHIBTf A properties in accord with UDC 11 -3A -3A.2. Therefore, staff recommends that cross -access is provided to the property to the north as shown on the plat. However, staff does nor recommend cross -access is provided to the cast; staff believes one access to the adjacent fuhueresidential neighborhood is sufficient. Utilities: Street lighting is required to be installed nd ordinancesd adjacent - the All development is accord with the velopment in City's adopted standards, specifications and sewer system unless odterwise approved by the City required to connect to the City water Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (pn: An underground PI system is required 10 be provided to each lot hr the subdivision as proposed in accord with UDC 11-3A-15. nt in accord with the Storm Drainage: Ad storm drainage.tem andrs required for the ordiinances. Design and construction shall follow best City's adopted standards, specifications management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along N. Linder Road and W. Ustick Road; and a minimum 25foot w wide buffer i requLndscnng g the north and cast boundaries of the site adjacent to existing and future ithin these buffers is required to comply with the standards listed in UDC 11 -3B -7C and 11 -3B -9C respectively. The street buffers are required to be depicted on the face of the plat within a common lot or on a permanent dedicated buffer and a note should be included stating the buffer will be maintained by the property owner or business owner's association. The buffer to residential uses is required with development of each lot and is required to be a minimum of 25 feet wide. Tree Mitigation: There are no existing trees on the site. Sidewalks: Detached sidewalks are required along arterial streets as set forth in UDC 11-3A-17. Attached sidewalks were recently constructed by ACRD with the interscction improvements along the frontage of the site on Linder Road and most of Ustick Road, except for 150+1- feet near the east boundary. In the area where no sidewalk exists, a detached sidewalk is required to be constructed in accord with UDC requirements. pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. However, the pathway system crosses the right-of-way at the southwest comer of the site from the south and continues to the west. The concept plan does not depict any pathways to adjacent properties. to°the nopromote rth and east�The irdereonnecdvity, staff recommends pedestrian pathways are provided concept plan should be revised accordingly. required to be Waterways: A ditch bisects this site from east to west. All ditches on the site are piped unless waived by City Council in accord with UDC 11 -3A -6A. The final plat should depict the easement for the ditch on the face of the plat. Floodplain: This site does not lie within the Meridian Floodplain overlay District. Binding Elevations: The applicant did not submit conceptual building elevations for the future structures within this development. Future development is required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Fencing: No fencing is depicts on the landscape plan. The site plan depicts an existing fence around the perimeter of the property. All fencing should comply with the standards listed in UAC 11 -3A -6B and 11-3A-7. Sugarman Subdivision AZ,14-oW; SUP -14-001 PAGE 6 EXMBTT A In summary, Sta„Q"recommends approval of the proposed annexation and short plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. ExmBrrS A. Drawings/011ier 1. vicinity Map 2. Proposed Final Plat (dated: 4/21/14) 3. Proposed Landscape Plan (dated: 919113) 4. Site Plan (dated: 3114/14) B. Agency & Deparnnent Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Sugarman Subdivision AZ- 14 -OW; SHP-14-001 PAGE7 EXHIBIT A A. Drawings 1. Vicinity Map Page l Exhibit A EXHIBIT A 2. Proposed Final Plat (dated: 4121114) Page I Exhibit A SUGARNIAN SUBIJ1vniv14 4 PV IR J� 1RC pp3gwq�Xmlx9 1/4 OF SU 1 A aIEW¢V1kml MiNl qNW Iay°1xi, nma lx� xuc I uY11.1[P! I LJOWD I ,xEuaxwwuwr A „,I. Y 'A.Mp I I 1 � III N"[NE xlt\rM WM � I p m+uvvrny... 1 I I I In 414E\l W, 4Y EJ ttM wxiWim\Ivmrt I I TUX I NPlmlw[ �L+Y� t 91 i 1 1 I %. ! xn i I «ni448444 �a 1 _-.•x[xewmEi�* 4.aMV,.MM1 _ _ yr _ __ _ — wdw..ari — — _ _ — _4 _ --µ — I'� _- �,u a a'V� �� W41M[M a..«irtlM Mllup�¢M �a� 1 ja,,,C�.u.9+f�u wf M"\1•.u�� •ua°9'^ w,.v�.iw. oii..wi w�4mw+v may, ..w ,'awx.7 � o:n,>a.q.nlmee� ' :3�+= � W';`"�..�4ww.w.www.� m .. ® \:w'F�xG.19d ��61L V5. x +^Y r. "..'ar4:',n�*•� � u �'.Y.,�."�.$PS� IMRINeIn[ I aa�oienw ,,,10�"x,.,,:,..l e'�w r.n., x^•• aF� wuu+rwenyFSu4J'rW'+n � tuavawons URVEYI uu¢F�tF1y.rn ��4tlliuE . yR[IM,NIX- .F.n+�wl •I ¢.iw� ��•=`^� a P[RNRER6 Knu Page I Exhibit A E7IJIIBTP A 3. Proposed Landscape Plan (dated: 919/13) SUOARMAN c MME!RL�C1 ILS BOIViS10N Exhibil A _I I I I I I r�` I III 11111J)')I` ive-thm t approved ensu I" " IF IF Page 2 EXHIBIT A 4. Site Plan (dated: 3114114) SUGARMAN COMMERCIAL_ SUBDIVISION Ni IAN, AOA COURT'LMWO .,"PUN 2814 I I` � RfRI1:F 1111A11 .. - — .. t I r.. -.. •• melt, _... � - . ... -2- EXHIBIT A B. EXIMIT Ill. AGENCY & DEPARTMENT COMMENTSWONDITIONS 1. PLANNINGDEPABTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. ocs of the City Council signed by The DA shall be the property owner and returned to the City within two (2) yCity Clerk' granting annexation. Currently, a fee of $3(13.00 shall be paid by the inc rp�Dlattehthe following s office prior to commencement of the DA_ The DA shall, at minimum, provisions: d except for the access a paints lot access approved with the plat n a, access d with and N. (UDC nder Ro3A-3ad is PAccessse o N. Linder Rod hall access o W. Ustick Road shall be determined by be restricted to right-in/right-out and ACRD, b. Future development of this site shall be generally consistent with the conceptual development plan shown on the landscape Plan in Exhibit A.2, except for the drive -thin shallbe relocated (if proposed) internally and not be located along he east or north boundaries of the site adjacent to existing and future residential properties. c. A drive-thru establishment shall not be located along the north or east boundaries of the site adjacent to existing and future residential uses. 1.1.2 The final plat included in Exhibit A.2 dated 4/21114 sballbe revised as follows: the face of the plat for the waterway that bisects this site. a. Depict an irrigation easement on 13 shall be as follows: 1.1.3 The landscape plan included in Exhibit A.3 dated f/9fte site should be relocated internally as noted a. The drive-thru depicted at the east boundary above in condition #l.t.lb. Linde, Road and oad and er h. lllandscapi grin accord w� h UDC Table ot wide street 11-213-3 oand 11-3B 7respectively. The street bit er width is measured from the back of the existing sidewalk where the sidewalk is attached to the curb and from the back of curb where the sidewalk is detached.the north and east boundaries c. Depict a minimum 25 -foot wide buffer o residential uses slog of the site in accord with UDC Table 11-211-3. d. The drive-thru shall be relocated (if proposed) internally and notbe located along the east or north boundaries of the site adjacent to existing and future residential properties. e. Depict pedestrian connections the north and east for future inwrconneWvrty- 1.1A In tate area where no sidewalk exists along W. Ustick Road, a minimum 5 -foot wide detached sidewalk is required to be constructed in accord with UDC 11-3A-17. aired b he UDC, g and/or any L 1.5 The tent with the s ndads as set forth in all Proposed UDC 113A-7 and fencing l 3A -6B. y 1,2 General Conditions of Approval elopment standards of the R -A caning district listed in UDC 1.2.1 Comply with all bulk, use, and dev Table 112-A-5. -3- EXHIBIT A 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N. Linder Road and W. Ustick Road is prohibited except for the access points approved with the plat. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3E-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3E -A. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C- 1,2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC I1-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. -4- EXHIBIT A 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as setforthin UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant falls to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension asset forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC I1 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. The. construction of thr_ce mains is allowed to be deferred until after a user is identified at the time of building permit Surety is reouired to beon cted for the cost of these .servicer prier to City Engineer.ctgnature nn a fool Hint. - 2.1.2 The pre -directional indicators need to be added to the final plat map (N Linder Road, and W. Ustick Road). 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The casements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forts. 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 BXR031T A) and an 81/2" x 11" map with bearings and distances (marked BXHMIT 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. -5. EXHIBIT A 2.24 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall he required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to he removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All 'irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-111 and 9 4 8. Contact Central District Health for abandonment procedures.and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110%a will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2,2.16 All grading of the site shall be performed in conformance with MCC 11 -I2 -3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. -6- EXMrr A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification thatthe facilities have been installed in accordance with the approver] design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These recoil drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 too 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. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water Had 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. 2.2.23 The City of Meridian requires that the owner post to the City n 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIREDEPARTMENT 4.1 The Fire Department has no comment on this application. 5. REPDDLTC SERVICES 5.1 Republic Services has no comment on this application. 6. PARSSDEPARTMENT 6.1 The Park's Department lies no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this applicatloir. 7- EXHIBIT A 35 1 3WORp1148 cna 1-cv&FiNa4072399 � a^ � 80• 0 12 p� cl 3p or y/y r�►, $ ail dl-Sl1GAl0(Mffst1AVf 10,VAWWAi/ON q OF{CP� � 218.6668gft �. E aal w I 1w cu I USTlOK :.Rp&D _ z s�o, CO fc NFO °4Y$WW-689.56-- BRASS CAP 1 sal\ -9- EREIIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from thereC em h eppticarion in order il lto grant anl make a dannexation the and shall, at the public hearing, Council shall make the following Endings: applicable provisions of the Comprehensive a. The map amendment complies with the app Plan;district. The City The Applicant is proposing to annex the subject property with with the applicable provisions of the C -C zoning Council finds the proposed use of the site is consistent Comprehensive Plan and should be compatible with f a Exhibit B (sure adjacent ere section VII above for is developed in accord with the conditions of app more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; district is The City Council finds that the proposed map amendment to the C -C zoning consistent with the purpose statement for the commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, saftYl and welfare; The City Council finds that the tended at the expense the appllicat. pact upon the delivery proposed zoning amendment will not detrimental the public health, safety, or welfare. City utilities will be exn d. The map amendment shall not result in an adverse imry 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 proposedzoningtr subd'tvis on providing gt in any not res services to this impact upon tile co e delivery of services by y po lical site. e. The annexation is in the best of interest of the City (UDC 11-511-3.n t is m the best interest The City Council finds annexing this property with a C C zoning of the City. 2, Short Flat Findings: lot, or short in consideration of a preliminary plat, combined preliminary and final p plat, the decision-making body shall make the following findings. a, Tice plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the in sportation. and circulation, Please adopted Comprehensive preComprehensive Pia liciesgand toard land Section VI7, of file Staff Report for more information. to- EXHIBIT A b. Public services are available or can be made available nod are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities willbe, provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. services for the proposed d. There is public financial capability of Supporting development services for the The City Council funds there is public financial capability of supporting proposed development based on comments from the public service Providers (i.e., Police, Fire, ACl1D, etc.) to determine this finding. (See Exhibit B for more detail.) e.. The development will not be detrimental to the public health, safety or general welfare; and The City Conned finds the proposed development will not be detrimental to the public health, safety or general welfare. -11- Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: MDA 14-008 ITEM TITLE: DEVELOPMENT AGREEMENT - CHINDEN - LINDER CROSSING SUB Development Agreement for Approval: 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 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D, Rich 2014-088001 BOISE IDAHO Pgs=8 VICTORIA BAILEY 10/29/201409:33 AM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111 00035132201400880010080082 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Chinden & Linder Crossing, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of CLA0bev , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Chinden & Linder Crossing, LLC, whose address is 2700 Airport Way, Boise, Idaho 83705, hereinafter called OWNER/DEVELOPER. 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", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Modification of a Development Agreement to exclude the property from the original development agreements (Instrument#106122365 and #109082037 and #112040233) for the sole purpose of entering into a new one on 9.34 acres described in Exhibit "A". Owner/Developer requested approval of a preliminary plat consisting of nine (9) commercial lots and two (2) common lots in the C -C zoning district, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and TIFVFT nr, F,w ACRFFMF.NT— CHINDEN AND LINDER CROSSING (MDA — 14-008) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 17 WHEREAS, on the 2nd day of September, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, oeuOilsf enterer to Development Agreement before the CityCounctakenalacton on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Chinden & Linder Crossing, LLC, whose address is 2700 Airport Way, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 28 ....... ,.n..��,T AnxFFMRNT-CHINDEN AND LINDER CROSSING (MDA- 14-008) PAGE OF 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 zoned Community Business District (C -C) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5 5.1. owner/Developer shall develop the Property in accordance with the following special conditions: the site shall generally comply with the concept plan 5.1.1 Future development of in Staff Report attached to Exhibit `B" (Findings of Fact and conclusions of Law with attached Staff Report). At a minimum, the site shall consist of six 30,000 square feet. (6) commercial buildings with no one building exceeding Lots 5 and 6, Block 1, the applicant shall extend the With the development of 5 -foot wide pedestrian walkways on each side of the central access to the front entrances of the future buildings. Notwithstanding anything contrary to be self -parked unless the foregoing, each commercial lot however shall are entered into between the owners of any lots to subsequent agreements permit cross -parking. 5.1.2 Future of the commercial lots hall comply with the design the c ntained int guidelines standards listed in ntUDC 11-3A-19 and guidelines Meridian Design Manual. 5.1.3 Any future drive-through use located within 300 feet of a residential district shall obtain a CUP or another drive-through establishment on this site approval. With the first phase of development, the applicant shall construct a full 5.1.4 monument "Welcome to Meridian" sign adjacent to Linder Road. 5.1.5 The 35 -foot wide landscape buffers adjacent to N. Linder Road and W. with UDC 11 -3B -7C with Chinden Boulevard shall be constructed in accord the first phase of development. 5.1.6 Future development of the site shall comply with the ordinances in effect at the time of development. ........ ,..».,�..,T e rnr.FMA.NT — CHINDEN AND CINDER CROSSING (MDA— 14-008) PAGE 3 OF 8 5.1.7 The Property and this development are no longer subject to recorded Development Agreement Instrument #106122365, Instrument # 109082037 and Instrument #112040233. 6 COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted howdy th t ce and completed within one hundred eighty (180) days; provided, in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. ault by owner/Developer any one Or 7.5 Waiver. A waiver by City of any more of the covenant or conditions hereof shall apply solely of he default r..-,c.—n..CIIT A`:BrrMENT- CMDEN AND LINDER CROSSING (MDA -14-008) PAGE 4 OF 8 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. g. 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. q REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection fth e annexation ntempl City shall execute and record an appropriate instrumentgof release of his of the Property Agreementd hereby, the 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of occupancy shall be issued in any hase in which the improvements have not been ted, and accepted by the City, orinstalled, suff c ent surety of performance is p ovided by Owner/Dev 1 peeto the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement in the shall be deemed delivered if and when personally delivered or three (3) y United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Chinden & Linder Crossing, LLC PAGE 5 of 8 ,—. nm=mT AGRREMENT - CHINDEN AND LINDER CROSSING (MDA -14-008) 2700 Airport Way Boise, Idaho 83705 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto shall be entitled, in addition to any other relief as concerning this Agreement, the prevailing party may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17 BINDING UPON SUCCESSORS: This Agreement shall bebinding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding On the owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, Or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions appropriate and herein expressed. City agrees, upon written request of Owner/Developer, to executeof termination of this Agreement if n its sole and recordable evidencehad determined that Owner/Developer has fully performed t tsrobligations underothisbAgreementle n 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20 COOPERATION OF THE PARTIES: In the event f any legal or al enti equitable a or ction or other proceeding instituted byany rovisionrinparty this Agreement,(inclungathe parties agree to cooperate in challenging the validity of any p defending such action or proceeding. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, 21. Owner/Developer and City relative to the subject agreements, condition and understandings between 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 nn.,cr npurNT AGREEMENT - CHINDEN AND CINDER CROSSING (MDA -14-008) PAGE 6 OF 8 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WfrNEsS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: �J Chinde4 & Linder Crossing, LLC By: By: Y_., ,.. _ Mayor a y de Weerd nPUPMT AGREEMENT - CnINDFN AND UNDER CROSSING (MDA- 14-008) PAGF. 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this j&— day � of &, 2014, bef e me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the IN of Chinden & Lindei Crossing, LLC, and acknowledged to me that he executed th same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have here set my hand and affixed my official seal the day and year in this certificate first above written. s �P�•` O A R :;� Notary Public for.;laho C Y S Residing at: � K i iL �• i # L My Commission Expires: STATE OF IDAHO ) Mi County of Ada On thisa� day of OCI,�a bet, , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. g1CA jr, (SEAL) Nota PubliAn_�o Residing at: u-CMGst oa'1 Commission expires: ,rayl L1 a(Da-O Tlcvm nDAd xTT A P-DGFTLGNT- C`II nPM ANI\ r wnrp Crzncs,Nr: (MDA -I 4-00R) PAGE 8 of 8 Meridian City Council Meeting DATE:October 28, 2014 ITEM NUMBER: PROJECT NUMBER: AP 1 ITEM TITLE: POLARIS PRESCHOOL Findings of Fact, Conclusions of Law for Approval: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition # 1.4d) Pertaining to the Parking Lot Design MEETING NOTES Community item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION NOTES E-MAILED TO AGENCY APPLICANT DATE: STAFF INITIALS CITY OF MERIDIAN OVIE T T A N FINDINGS OF FACT, CONCLUSIONS OF LAW 1�1� iy AND IDAHO DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Daycare/Pre-School Center for up to 140 Children in a C -G Zoning District for Polaris Pre -School, Located at 950 E. Fairview Avenue, by Fairview Lakes, LLC. Case No(s). CUP -14-010; AP -14-002 For the Planning & Zoning Commission Hearing Date of: July 17, 2014 and the City Council Hearing Dates of: October 7, and 21, 2014 (Findings on October 28, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of July 17, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I l(UDC 11-513-617). E. Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 17, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -2- By action of the City Council at its regular meeting held on the 10-0 — day of (/ (%-1 ? ��- . 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED tA? COUNCIL MEMBER LUKE CAV ENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y eerd City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Um Dated: 101'?q h N CrfY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -3- EXHIBIT A STAFF REPORT Hearing Date: July 17, 2014 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Cj 'E IDfDAHIAN O SUBJECT: CUP -14-010 — Polaris Pre -School at Fairview Lakes I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fairview Lakes, LLC, has applied for a conditional use permit (CUP) for a daycare/pre-school center for up to 140 children at any one time in a C -G zoning district. See Section IXAnalysis for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit 13, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on July 17, 2014. At the public bearing, the Commission moved to appirove the sub ect CUP reguest in accord with the conditions in the staff report. a. Summary of Commission Public Hearing: i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b• Key Issues of Discussion by Commission: i. The access drive aisle -into the site via Fairview Avenue and related traffic circulation and parking. c. Key Commission Changes to Staff Recommendation: i. None After the ammiWOR hearing the applicant submitted o reg r for r•ry Coaacil review (APR 14-002) of the c'ommission's decision m regard to condition ofaparoval #1.4d m Exhibit B The Meridian City Council heard the request for City Council review of the Commission' 2014 decision on CUP -14-010 on October 7. and 21.2014. At th public on October the Council approved a modified site plan (see Exhibit A,2) and modified condition of approval a.Summary f City Council Public Mari= i. In favor Tom Dvorak Givens Pursely, John Rineert: Doug i3 In opposition one iii, Commenting; None iy, Written testimon nue y Rtaff presenting application So^� W'tters Tustin Lucas YL Other staff commenting On application, Mark 1Wemr"Pre John Overton PAGE 1 Polaris Pre -School at Fairview Lakes CUP -14-010 EXHIBIT A ]t Ke issues of Discussion by Council: i. The access drive aisle into the site via Fairview Avenue and related traffic circulation and parkinge u r,QundLChanges to Staff/Commission Recommendation ii. None M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP -14- 010 as presented in the staff report for the hearing date of July 17, 2014, with the following modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of Fact and Conclusions of Law & Order for the hearing date of August 7, 2014. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-010 as presented during the hearing on July 17, 2014, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number CUP -14-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 950 E. Fairview Avenue, in the south Yz of Section 6, Township 3 North, Range 1 East B. Owner(s): Doug Tamura, Fairview Lakes, LLC 1124 Santa Maria Drive Boise, ID 83712 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, and July 14, 2014 C. Radius notices mailed to properties within 300 feet on: June 25, 2014 D. Applicant posted notice on site by: July 7, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: A portion of the subject property is developed with commercial retail and restaurant businesses and is zoned C -G; the portion where the pre-school is proposed is currently vacant. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 2 EXHIBIT A B. Character of Surrounding Area and Adjacent Land Use and Zoning: There are residential properties to the north and east of the subject property, zoned R-8; and commercial uses to the south and west, zoned C -G. C. History of Previous Actions Applicable to this Site: • AZ -02-011; CUP -02-014; PP -02-034 — Annexation & zoning with a development agreement (Inst. No. 102143306); conditional use permit/planned development; and preliminary plat was approved in 2002. • CUP -03-014 — Modification of CUP -02-014; conceptual approval of commercial site layout adjacent to Fairview Avenue. • FP -03-033 — Final plat approval of subject property (Lot 4, Block 3, Devon Park Subdivision No. 1) • CUP -03-054 —Modification to CUP -03-014 to include a new revised conceptual development plan consistent with plat (FP -03-033). • CUP -06-032 — Modification to CUP -03-054 to include a new revised conceptual development plan for Lots 3 & 4, Block 3, Devon Park Subdivision No. 1. • MCU -08-002 — Modification of CUP -06-032 to amend the site & building layout for the northeast portion of Lot 4, Blk 3, Devon Park Sub. 1 D. Utilities: 1. Public Works: a) Sanitary sewer service to the area is currently being provided via an existing mains in E. Carol Street, and N. Lakes Place. b) Location of water: Domestic water service to the area is currently being provided via existing mains in E. Fairview Avenue, N. Lakes Place, and E. Carol Street. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Mixed Use - Community (MU -C) on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use - Neighborhood (MU -N) areas, but not as large as in Mixed Use — Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan depicted in Figure 3-3 of the Comprehensive Plan on page 27. The proposed use of the site is a daycare/pre-school center for up to 140 children at any one time. A pre-school is classified in the UDC as a daycare center which is a conditional use in the C -G zoning PAGE Polaris Pre -School at Fairview Lakes CUP -14-010 EXHIBIT A district. The proposed daycare/pre-school center will contribute to the mix of uses that already exist in the Fairview Lakes development [e.g. assisted living, commercial (retail, restaurants, banks, offices, etc.), and public/quasi-public (DMV)] as desired in MU -C designated areas Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Plan for and encourage services like healthcare, daycare, grocery stores, and recreational areas to be built within walking distance of residential dwellings." (2.01.01 C) There is a residential subdivision that abuts this site to the north and east which is within walking distance of the proposed daycare/pre-school. • "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." (3.04.02A) There is adequate water supply and pressure available in the vicintyfor fire protection. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) The proposed daycare/pre-school center will be located near single-family dwellings, restaurants, retail stores, and professional services which will add to the variety of uses in this area. For the above -stated reasons, staff is of the opinion the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six 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 in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory, conditional, and prohibited uses in the C -G zoning district. The proposed daycare/pre-school center is listed as a conditional use in the C -G district. The specific use standards for Daycare Facilities listed in UDC 11-4-3-9 apply to the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to construct a 7,673 square foot (s.£) daycare/pre-school center that will serve up to 140 children, less than 5 years of age, at any one time. With the construction of the facility, the applicant plans to construct all of the parking area south of the proposed Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 4 EXHIBIT A building to Fairview Avenue and leave the two pad sites to develop in the fixture as shown in Exhibit A.2. Retail building 3 shown on the site plan has not yet been constructed. The proposed use is classified as "daycare center" in the UDC which requires conditional use approval in the C -G district. Site/Landscape Plan: A site/landscape plan is included in Exhibit A.2 that shows how the site is proposed to develop. Access: Driveway access to the site exists via E. Fairview Avenue, N. Lakes Avenue and E. Carol Street. No new accesses are proposed. Parking: Based on the overall square footage of the proposed building (approximately 7,673 s.f.), a minimum of 16 parking spaces are required to be provided; 18 are provided along the front of the building in compliance with UDC requirements. A total of 75 parking stalls are depicted on the site plan, which will be shared with future businesses. All parking should comply with the standards listed in UDC 11-3C-5. The site plan depicts a row of parking along the west boundary of the site adjacent to the drive aisle leading into the site from Fairview Avenue. Staff recommends the design of the parking in this area is revised to mirror that on the west wide of the drive aisle so that parked vehicles aren't backing out into the main access drive aisle. Staff recommends a planter island with a sidewalk is constructed along the drive aisle for safe pedestrian access to and from the site via Fairview Avenue. Bicycle parking is required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. The site plan depicts a bicycle rack in front of the building in accord with this requirement. Landscaping: There is an existing 25 -foot wide landscaped street buffer along E. Fairview Avenue that was installed with the subdivision; no additional street buffers are required. A 25 -foot wide buffer along the portion of the east property boundary that abuts residential uses/zoning is required to be landscaped in accord with the standards listed in UDC 11-313-9C. The remainder of the landscape buffer along the east boundary that abuts C -G zoned property is required to be a minimum of 5 -feet in width adjacent to vehicular use areas. Where parking abuts the buffer, the buffer shall be widened to 7 feet to allow for vehicle overhang; or, if a 5 -foot wide buffer is preferred, wheel stops may be provided in each stall to prevent overhang. Landscaping is required within the perimeter buffer in accord with the standards listed in UDC 11 -3B -8C.1. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 1I - 3B -8C. A planter island is required to be provided within the row of parking in front of the building and at the ends of all rows of parking per UDC 11 -3B -8C.2, in accord with the standards listed in UDC 11-313-8C.2. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-9, Daycare Facility. A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing to care for tip to 140 children at any one time and therefore is classified as a daycare center. PAGE Polaris Pre -School at Fairview Lakes Ct1P-14-010 EXHIBIT A 2. On site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The site plan depicts 18 parking stalls along the front of the building with a loading area to ensure safe discharge and pick up of clients; additional parking spaces are provided to the south. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. See Conditions of Approval in Exhibit B. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of occupancy. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. The applicant is required to comply with this standard. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The applicant proposes hours of operation between 6:30 am — 6: 30 pm Monday thru Friday and is not requesting extended hours. See Conditions of Approval in Exhibit B. 6. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. The applicant is required to comply with this standard See Conditions of Approval in Exhibit B. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6) non -scalable fences to secure against exit/entry by small children and to screen abutting properties. Fencing is required around the outdoor play areas per the above standard; the plans submitted with the Certificate of Zoning Compliance application shall include fencing in compliance with this requirement. Hours of Operation: The proposed hours of operation are from 6:30 am to 6:30 pm Monday thru Friday. UDC 11 -2B -3A.4 restricts hours of operation in the C -G zoning district from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours may be requested with a conditional use permit. Because the applicant is not proposing to operate the daycare center out of the restricted hours, an extension is not necessary with this conditional use permit application. Building Elevations: Building elevations have been submitted for the future structure as shown in Exhibit A.3. Building materials consist of fibered cement plaster with stucco and asphalt shingles. Design of the structure is required to comply with the standards listed in UDC 11-3A- 19 and the guidelines in the Meridian Design Manual. Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 6 EXHIBIT A Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity & Aerial Map 2. Site/Landscape Plan (dated: 6/lWl4 -REVISED 3. Building Elevations (dated: 6/17/14) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 7 3601 400 EXHIBIT A Exhibit A.1: Vicinity & Aerial Map IW In BI M L \ '917179' 1968 1975 1970 1961 \ 1960 1973 1994 19 1903 " 1936 1950 191U 1930 Ipp3 1916 IBBI 1902 1935 I°IS 1901 1920 IB°] IBe9 1915 1°81 1891 IB]1 1890 I9Cp 1905 1935 1991 18]0 1855 les° 18H IB62 1811 IMM9 C4 IBBI U95 1860 1813 1942 U551 21 Ie10 IBdS le]0 1815 18]5 IB25 1°09 IGO 1°50 1960 1836 i 1830 951 lo20 le]x le2o 'ell ft 1B 1� lesl IB3p IBIS lets 1831 b 910 a veo nes gel 1M2 1031 _ 1714 ua 1805 1799 1751 1]58 1795 13]p 1<90 � 1162 1112 1560 1746 1769 `1121 I722 1685 1686 1395 IddS 1415 1540 np 615 m0 1240 ulp 2 50 "4 °50 900 9B0 1 p 1621 1150 1510 1s]p lals 1065 1151 nsl s 913 835 1739 i123519 ]151595 1596 15°0 IP5 839 1005 1519 19B 1515 B51 1187 1556 155] 1524 _ 105 y 1975 � MI Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 8 EXHIBIT A Exhibit A.3: Building Elevations (dated: 6/17/14) FRONT ELEVATION ---------------------- ------------------------ ------------------ C4YYCNdNa':WPY.q W�1p0.MAar:A�'RYiiGYlSC2G0.4g4I3�[x'1'[6�SF_!�]O�H�N1�i�ItilEF 4 � sal 4AIONf ELEVATNSN KEYNOTES w� ME.E. Polaris Pre -School at Fairview Lakes CLIP -14-010 PAGE 10 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for Daycare Facilities. 1.2 The total number of children cared for at any one time shall not exceed 140 children. 1.3 The hours of operation for the proposed daycare center are limited from 6:30 am to 6:30 pm Monday thru Friday. 1.4 The site/landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. The 25 -foot wide buffer along the portion of the east property boundary that abuts residential uses/zoning is required to be landscaped in accord with the standards listed in UDC 11-313-9C. b. The landscape buffer along the east boundary that abuts C -G zoned property is required to be a minimum of 5 -feet in width adjacent to vehicular use areas. Where parking abuts the buffer, the buffer shall be widened to 7 feet to allow for vehicle overhang; or, if a 5 -foot wide buffer is preferred, wheel stops may be provided to prevent overhang. Landscaping is required within the perimeter buffer in accord with the standards listed in UDC 11 -3B -8C.1. c. A planter island is required to be provided within the row of parking in front of the building and at the ends of all rows of parking per UDC 11-313-8C.2, in accord with the standards listed in UDC 11-313-8C.2. d. Revise the design of Ale parking along them ,laisle leading h fF Fairview n. eto fn .th..t,... the iVest i -.:a_ of the drive -isle _ that backiiig out into the main ncepsq dFive aisle. Include a plislandY"ith a east side ofthe main drovo. aiqlp fqF sai -ofn the, q - Avenue Parking stalls within the two rows of narking that abut the north/south pedestrian walkway shall have wheel restraints to prevent vehicle overhang into the walkway. e. Bicycle parking is required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. 1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division prior to issuance of building permits. The site and building design shall comply with the site plan and elevations shown in Exhibit A, UDC 11-3A- 19, and the guidelines in the Meridian Design Manual. 1.6 The applicant shall comply with all previous conditions of approval associated with this site. 1.7 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-513-617. 1.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 11 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide set -vice. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications 2.2 The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 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 should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.4 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 development plan approval. 2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-I-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.7 Sheet signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District prior to applying for building permits. 2.8 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 12 EXHIBIT A 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 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. 2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.17 100 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. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, comers, 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. 2.18 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. 3. FIRE DEPARTMENT 3.1 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 13 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit ([IDC 11 -5B -6E) The Commission sball base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C -G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other residential and commercial uses in the general neighborhood and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 14 EXHIBIT A g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 8 Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: ITCnn TITI F• ANNUAL GOLF COURSE UPDATE Continued from October 21, 2014: Annual Golf Course Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor de Weerd October 28, 2014 Meridian City Council Subject: Lakeview Golf Course Lease Fact 1: 2005 — 2011 Golf Course Capitol Improvement projects included rebuilding greens 1, 4, 6, and 7. This was done and they are in good shape. Fact 2: The original lease called for a six year plan to be updated annually and "if operator is in compliance with the Capitol Improvement Plan the $6000 per rent would be excused." Fact 3: On April 13, 2010 Raven Golf Services (Jerry Breaux) was hired to manage the.golf course. Dick Davis from Boise Ranch Golf Course left the partnership. At this time several major pieces of maintenance equipment was sold. Fact 4: Capitol Improvement Projects for 2011-2012 consisted of building new cart paths. This was done with donations of over $12,000 from local golfers and $6,000 from the City of Meridian. NO expense to speak of for the Lessee. Asphalt was donated from ACHD to the City and transferred to the Golf Course. Fact 5: Capitol Improvement projects for 2012 — 2013 consisted of the planting of 120 (+ or -) trees donated from Jakers Nursery to the City and transferred to the Golf Course. They were then planted by local Boy Scouts as a merit badge project. There again at little or no expense to the lessee. Fact 5: Capitol Improvement projects for 2013 — 2014 consisted of extending the cart path behind the 7th green. This was done with the left over asphalt from ACHD and was needed to comply with the City of Meridian Code regarding driving on walkways. Fact 6: Lease page 4 paragraph E3 "Install and maintain, at l ossee"s expense, all equipment necessary to operate a food and beverage service." Fact 7: Lease page 5 paragraph H1 "Lessee shall, at Lessee's expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems which may now or hereafter exist thereon, in good, operable, useable and sanitary order and repaired in good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement." Fact 8: Lease page 3 paragraph 4 "BASIC SERVICE OBLIGATIONS" paragraph B. "Lessee shall provide a fleet of power driven golf cars ****" Fact 9: Lease page 11 paragraph L. " Lessee at its own expense shall provide and install all appliances, furniture, fixtures, equipment, door locks and padlocks that are required for the operation of the leased premises." Fact 10: Lease page 17 paragraph F4 (Transfers of Partnerships) "Consent to any such transfer shall be refused, if the City finds that the transferee is lacking in experience and/or financial ability to render and provide services for the operation of the golf course." With the exit of Dick Davis and then Raven Golf there is a lack of golf course experience by OAAS/LANEY Ilc. Fact 11: However you want to say it Golf Cars ****, batteries, maintenance equipment, kitchen equipment are not in compliance with the Golf Course Capitol Improvement plan. Rebuilding of tee boxes, greens, and even lakes would be a Capitol Improvement. BOTTOM LINE OAAS LANEY SHOULD PAY THE $6000.00 RENT FOR 2014... A n 4 W. Teter St. Meidian, Idaho 83646 Jacy Jones crom: Rachel Myers ;ent: Thursday, October 16, 2014 11:33 AM To: Jacy Jones Cc: Mike Barton Subject: FW: Lakeview Golf Course Concerns Jacy: Below is Ty Gabby's concerns who would like to give a public testimony at next Tuesday's City Council meeting immediately following Erik Oaas' update concerning Golf Course Operations, Mr. Gabby will represent his group and would like 15 minutes to speak. The Mayor is already aware of Mr. Gabby's concerns and requested that he provide a verbal testimony next week. Will this email suffice for his request? Thankyou, Rachel Myers Administrative Assistant II Meridian Parks & Recreation 33 E. Broadway Avenue, Suite 206 Meridian, ID 83642 P: 208/888-3579 F: 208/898-5501 t• 1e zdian Pari & Recreation Website Mgn_4 qII &Lth &Recreation ort Fucebocik From: Mike Barton Sent: Thursday, October 16, 2014 11:18 AM To: Rachel Myers Cc: Ty Gabby (tyg@dahlingerinsurance.com); Steve Siddoway Subject: FW: Lakeview Golf Course Concerns Rachel, Will you please forward this letter to the Clerk and at the Mayors request 15 min on next week's Council agenda for Mr. Gabby to speak? I think I have the process correct or we can add it per agenda manager, whatever they prefer. Thank you, Mike From: Ty Gabby[mailto:tyg@dahlingerinsurance.com] Sent: Thursday, October 16, 2014 11:00 AM To: Mike Barton Subject: Lakeview Golf Course Concerns Mayor Tammy and Meridian City Council, i speak for a group of concerned citizens that live on or play the Lakeview Golf Course. We are very concerned about the running of and management of Lakeview Golf Course. Of these concerns, one or our major concern is that the Lakeview Meridian Investors LLC has been allowed to run the golf course without having to pay the city there annual $6000.00 lease fee. This was to offset this by making leasehold improvements to the golf course and buildings. Many of these "Improvements" have been donations or money raised t' ')y the men's and women's golf associations. The list of these improvements is as follows. o The enclosure around the Port -a -potty between hole 4 and 5. This was donated by "The Crew" in October of 2012 o Driving Range mats were donated by John Wallace o Trees were donated by Jayker Wholesale Nursery and planted with the help of the Ore -Ida Boy Scouts. o. Bar stools in the restaurant were purchased by pass holders that raised money for them. o Gravel was donated by the Highway Dept. for the cart paths. o The bridge on hole 15 was rebuilt and installed by Guy Webster and Wes Prouty 0 4 Ceiling Fans were purchased and installed by home owners Arne and Helen Farnham o Fountain on #8 was purchased by the home owners Why should these be used as leasehold Improvements when either the materials or time was donated? Can furniture and fixtures even be considered leasehold improvements? As homeowners we make capital improvements to our residence's every year, we would enjoy not having to pay our mortgage payments every year. When the previous owner took over the golf course, he re -did the greens on hole number 1 and 6, which are great, but since that time no course improvements have been completed. Lakeview has also taken credit for course improvements when they should have been operating expenses, examples of this, golf cart batteries, mower repairs, and the patio furniture that was bought on clearance but was reported as retail price. As taxpayers we should be able to see the receipts for all the "work" that has been done. • A significant number of homeowners that live on the course use our own sprinklers and or fertilizer to irrigate the fairways and keep the weeds in check. Granted, we are not asked to do this but to have a green fairway that isn't full of weeds we feel that we need to do this. • The homeowners that live on the golf course were sent a letter that we are not allowed to step foot on the course if we are not playing golf. Some homeowners weed eat around areas that are technically on the golf course grounds. This wouldn't get done if not for the homeowners. As far as the management of golf course personnel, several key positions have changed in a short amount of time. 3 Golf Professionals: John Wallace, Chris Byrne and Ryan Roll 2 Restaurant Managers: Ryan Picard and Karissa Bain 1 Asst. operations manager: Tami Fleming The restaurant should be doing an incredible job, we don't have another sit down restaurant for miles, but it seems like there isn't consistent hours. A public golf course should be a place that allows families to get the younger generation involved in golf and keep them interested in playing. They have done away with many programs that will bring kids out to the golf course. They had a family pass that was a great deal for families, you paid a certain flat fee for the summer and then when you played again it was another flat fee after a certain time at night. I have a 11 year old son that plays but he isn't going to play all 9 holes every time, he might play 5 or 6 but with them doing away with this program it is now less expensive to go to another course to play and that is including the fuel it is to get there. The Meridian High School used to play and practice on the course, but management seems to think it is a burden for them to play here. They have limited the use -if range balls and time to play on the course so now they play at Boise Ranch. The bottom line is we live on this golf course for a reason, either we like to play golf and having a course this close is a huge benefit or we like to look out our windows and see this fairway that is, or should be, green most of the year. The management is making it very difficult for homeowners to enjoy the benefit of living on the golf course. This really should be a thriving golf course in Meridian, but that doesn't seem to be the case. A number of people are going to other courses to play golf because of this. (hank you so much for your time and opportunity to voice our concerns. Ty Gabby Dahlinger ft Co Insurance 208 861-3040 Cell 208 466-4694 Office 208 467-2008 Fax Please check out and "like" my new Facebook pagel https: //www.facebook.com/TyGabbyinsurance -y:74z"� &-/5 Oct 20th, 2014 RE C - To: Meridian Mayor and City Council OCT � 9 21JA From: Ken Marler, Homeowner on Lakeview Golf Course and Business Owner of Express Cafe CITY OFC>WE"' CITY CLERKS OFFICE Dear Ladies and Gentlemen, I understand today Oct 2151, 2014 you are doing an annual review of the Lakeview Golf course. I also know that you may be presented with some opposition regarding the operation of the golf course. As a homeowner living on the golf course for 15 years, avid golfer, and handicap chairman for the men's association, I can say without a doubt that the course is in the best shape it has ever been. The golf course has had the fortune of keeping the same grounds crew and they continue to improve the course every year. Our greens are the some of the best in the valley and even with the challenges of the questionable soil and watering systems, our fairways they remain very playable. The clubhouse has a very respectable restaurant (only a handful of golf courses offer what we are offered) and the lounge is comfortable and ran well. The prices in the restaurant and lounge are very competitive and fair. Overall a great deal for the area. Eric Oaas and Steve Laney continue to work on the management side of the course. There are actually three different businesses involved here. The golf course, the restaurant and the lounge. And although they are somewhat new at these, they are continuing to learn more and more about each aspect each year. Are all the decisions they make ones that I would make? No, not necessarily. But no one is the same and everyone has their own ideas on how things should be handled. They have listened to the comments and complaints from the members and have been to several of our men's association events. I believe that some of the criticism you may receive will be coming from those who find changes challenging or do not understand how other courses handle their season passes, clubhouse credit and such. I have even heard concerns about the year round pass prices for 2015. As of today the prices not been released so it is hard to say what they will be or how they will be structured. I would be very surprised if the condition of the course comes into the conversation. But if it does I would be glad to furnish you several names and numbers that agree with me, regarding the condition of the course. In conclusion I just want to say that in my opinion the course and clubhouse continues to improve every year. Is it perfect? Probably not. But if there is one thing I have learned in business is that you are always working to improve and grow. There is no perfect. Mistakes will be made and life goes on. If I may answer any questions or I can offer any more insight, I will be happy to. Sincerely, Ken Marler 2390 N Crooked Creek Ln Meridian, ID 83646 208-870-6464 Jacy Jones From: Bill Nary Sent: Wednesday, October 22, 2014 8:19 PM To: Jaycee Holman; Jacy Jones Cc: Ted Baird; Steve Siddoway; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; Tammy de Weerd Subject: FW:OoaslLaney Please add to the public record for this issue. From: Jim Borton <jrbortonsr@,yahoo.com> Date: October 22, 2014 at 7:04:59 PM MDT To: Charlie Rountree <rounheeemmsn.com>, Ted Baird <tbaird@meridianeity.org>, Steve Siddoway <ssiddoway�a meridiancity.ora>, "Tammy de Weerd" <tdeweerd@.meridiancity.or� >, Jim Shane <ishanel(lg.com> Subject: Ooas/Laney Reply -To: Jim Borton <jrbortonsr ,yahoo.com> How can you ignore the written words in their lease that states they need to furnish equipment at THEIR expense. You let them sell equipment one year and than consider it a capitol expense when they buy it back. How did the lease get approved when Raven Golf left the contract? It states that some experience is needed to be part of the contract in order for the lease to be approved. The biggest problem as I see it is that the City keeps letting them LIE about what is going on and the City does not care. If you call Raven golf you would find out that they have nothing to do with the number nine green. The turning of your head to avoid any problem is only getting worse. Having them pay what is rightly due will show your constituents that the City does care about what is RIGHT! Jacy Jones From: Bill Nary ;ent: Wednesday, October 22, 2014 8:52 PM To: Jaycee Holman; Jacy Jones Cc: Ted Baird; Steve Siddoway; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; Tammy de Weerd Subject: FW: Lakeview Community Please add this to the public record for this item. From: Ty Gabby <tvg@dahlingerinsurance.com> Date: October 22, 2014 at 9:41:47 AM MDT To: "LCavener@meridiancitv.org" <LCavener@meridiancity.org>, "iborton@meridiancitv.org" <jborton@meridiancity.org>, "gmilam@meridiancity.org" <gmilam@meridiancity.org> Subject: Lakeview Community Mr. Cavener, Mr. Borton, and Ms. Milam, Thank you so much for your support last night. It was very evident to the group at the meeting last night you understood what we were saying. One thing that really needs to be checked out is the credibility of the projects that Eric said were underway. For instance, when he said that they were re -doing green #8 which was actually green #9 and that Raven Golf was doing the work. They have been contacted about a month ago but nothing has been finalized. This project might not actually be contracted. Once again, thank you so much for all your support and the questions that you brought up. We really appreciated it. One question we have is what is our next step? Do we need to have a public hearing? Is so, how do go about getting this in place. I have volunteered to whatever is necessary for the group, be it volunteer to be on the group that looks at the golf course operation or whatever is needed. As I mentioned, I live on the golf course, this is very near and dear to my heart. This course does well, we all benefit. All my best, Ty Gabby Dahlinger Et Co Insurance 208 861-3040 Cell 208 466-4694 Office 208 467-2008 Fax Please check out and "like" my new Facebook pagel https://www.facebook.com/TyGabbvfnsurance 0000OVerizon ? 8:39 PM * 19%U 1� Back Doug Roberts Messenger Ak 1626 S. Wells ave suite #110 © Meridian Idaho, 83642 IW 08/30/2012, 4:48 PM Did you come up with anything © yesterday? 8:20 PM Good Job with Lake View GC. I think he is doing a horrible job with the course. Nick and I are there everyday since we bought a_pass. We will not be golfing there next year mostly because of Eric. The city needs to be making money off this course... a whole lot more than $6k. I dont even know why anyone agreed to lease it for that but he is not even paying that. Caldwell has two golf courses, Nampa has two golf courses, Boise has two golf courses. Meridian has one golf course and they lease it out for nothing per year. What the hell? Keep up the good work! Type a message... • Aa n i Jacv Jones From: Peggy Gardner Ant: Tuesday, October 28, 2014 1:54 PM To: CenturyLink Customer; Jacy Jones; Machelle Hill; Jaycee Holman Cc: mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: RE: Lakeview Golf Course 10/28/2014 Dear Mr. Burger: Your email has been received by the Mayor's Office. Thank you for taking time to let us know of your concerns regarding Lakeview Golf Course. I will forward your comments to the City Clerk to be included in the Public Record. Mayor and Council are unable to discuss this outside of the public meeting, however they appreciate the opportunity to hear from you. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, LD 83642 Phone 489-0529 From: CenturyLink Customer [mailto:jcbincl@q.com] Sent: Tuesday, October 28, 2014 1:43 PM To: mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: Lakeview Golf Course 10/28/2014 My wife and I have had concerns with the management of Lakeview Golf Course for awhile. After attending the council meeting last Tuesday, the " blind eye " that 3 of the Meridian City Council members seem to have towards holding Oaas/Laney accountable for the capital improvements ($6,000/year) really concerns us. One city council member did some quick math to figure out that this dollar amount could be reached on one Saturday if not one weekend. My wife and I are season pass holders. If you were to include two other couples purchasing the same passes, that would total $6,000.00. Season passes & golf cart trail fees are collected from the Lakeview Golf Club Members and very easily cover the contract lease agreement, of which most of that money is collected the year prior, Oaas/Laney stands in front of the city council and proceeds to tell them about the ongoing course improvements ... I look out the back windows of my home of which I have a front row view to one of the course "improvements" (48 green) ... the grass, the green and the sand trap have never been touched... please explain "ongoing". I have not spoken directly with Raven, who supposedly has been "hired" by Ooas/Laney to make these improvements (rebuild of 8 & 9 greens), but was told by a very reliable source (Raven employee) that contact was made over a month ago but they never heard back from Ooas/Laney. Contact was only recently made again AFTER the city council meeting on October 21, 2014 to "discuss numbers". I feel that Oaas/Laney needs to be held accountable for general course maintenance- filling in the pot holes 'rroughout the course, fertilizing the grass and trees, repairing cart paths, controlling the weeds, sprinkler -maintenance not just having an employee move sprinkler/hoses to all of the brown spots around the course. They have been watering so much that there is a fungus on the greens of which they are trying to get rid of with chemicals. Proper tree trimming and fertilizing will also help enhance the course. There were over 200 trees donated from Jaykers nursery 2 years ago. The Boy Scouts volunteered and planted the trees around the course. I am pretty sure that many of the trees have never had any fertilizer applied to them- all you have to do is look at them. The two trees planted close to our property my wife and I have taken care of by weeding and ( ertilizing, that is why they are doing so well- full of leaves, growing taller and bigger than others planted at the same time. Proper watering cycles, water amounts plus fertilizing could help most of these items but that means Oaas/Laney has to spend money to keep up with the general maintenance of which they are not doing at all. The maintenance crew is doing all they can with what little money they get to work with. I am sure if they had more money the course could be in a lot better condition. I question the overseeing of the property by the Parks and Rec dept. Mr. Siddoway said he has gone over and looked at the property and he finds it in good shape- "looks fine". I refer to the section of the lease- Page 5, paragraph Hl regarding the "maintaining of all buildings, structures" etc. Has anyone checked out the restroom facility beside the tee box of hole #13??? It is in shambles!! According to my wife the toilet in the women's is not bolted down properly- "rocks and is unstable". The pipes are are rusted, mirror broken, dirty, etc. I don't think you would ever find a Meridian city park with restrooms in such condition. As I sat in the council meeting, I heard two council members trying to move this issue forward with NO discussion... why? The Meridian City Council members are suppose to be representing the residents/taxpayers/voters in these meetings- but does the council really have our best interests at heart? I feel that I am not being heard, so this is what I have to resort to. I know that I am not the only squeaky wheel but when there are a lot of squeaky wheels, maybe, just maybe we will be heard! We want to see this golf course succeed!! We would like our concerns heard and would appreciate the opportunity. I can also provide names of numbers of those who agree if you feel it's necessary. Thank you for your time, JP Burger 2230 N. Waggle PI '4eridian, ID 83646 Jacy Jones crom: Peggy Gardner lent: Monday, October 27, 2014 5:56 PM To: Flyidaho@yahoo.com; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Luke Cavener; Genesis Milam; Joe Borton; C.Jay Coles; Robert Simison; Peggy Gardner Subject: RE: Lakeview Dear Mr, Roberts: Your request has been received by the Mayor's Office. Thank you for taking time to let us know your concerns regarding Lakeview Golf Course. I will forward your comments to the City Clerk to be included in the public record. Mayor and Council are unable to comment outside of the public meeting, but they appreciate the opportunity to hear from you. Thanks again, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue 4eridian, ID 83642 Phone 489-0529 From: meridian apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Sunday, October 26, 2014 8:56 AM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Luke Cavener; Genesis Milam; Joe Borton; Peggy Gardner; C.Jay Coles; Robert Simison Subject: Lakeview Request for Mayor and Council Name Doug Roberts Last Roberts Name Email flyidaho@yahoo.com Address Street 2031 S Elkhound Address City Meridian State ID Zip Code 83642 �. subject Lakeview Message 10/26/14 Doug Roberts 2031 S Elkhound Meridian Idaho 83642 Meridian City Council Meridian Idaho RE: Lakeview Golf Course. Dear City Council Members: My Name is Doug Roberts and I would like to add my voice to others that have written in regarding Lakeview Golf Course. My son and I began golfing 2.5 years ago at Lakeview Golf Course. They used to have an active juniors and family night program under the head pro John Wallace (these programs do not appear to exist at Lakeview anymore). My son was 13 and wanted to take up golf. We golfed at many different courses in the beginning but found a home at Lakeview and last year bought a pass. We love the people that golf there as it is a very tight community with great people. That being said, the employee turnover has been difficult. Many have touched on that issue so I do not feel the need to belabor that point. As I mentioned above we golf at Lakeview and we golf there almost daily. We golf around 150-200 rounds per year and compete in nearly every tournament and league. My son has become one of the top golfers in the state over the past couple of years. Many of the folks we golf with have complained to us about the operation of the course. I was invited by several to attend the last City Council meeting in order to hear what was going on. I felt after leaving the meeting that I needed to look into how some of our neighboring cities, who have their own courses, are doing. I know the city in not particularly interested in the day to day management of Lakeview and how customers may or may not be treated, but Meridian should be concerned about the best use of the assets of the City. How other cities are doing with their courses would be valuable information. I have enclosed the information from their sites but would like to summarize that information here. The city of Caldwell has operated their own course for many years. One is a small hole course in town called Fairview. They also have an 18 hole course out of town, known as Purple Sage. In 2008 Caldwell made $684,108 in gross income from operations and spent $232,796 in expenses. In 2009 they made $709,517 and had $301,069 in expenses. In 2010, they made $750.011 and had $147.845 in expenses. Net profits for 2008 through 2010 were $1,462,432.00. Nampa has two golf courses also. Both of these are 18 hole golf courses, Ridgecrest and Centennial. In 2012 they had a gross income of $2,065,788 and expenses of $1,824,870. In 2013 they had income of $2,204,933 and expenses of $2.387.084 for a net LOSS, but capital improvements of $583.233 that year. Without the l capital improvements, Nampa would have had a net profit of $642,000 for two years. Boise also has two golf courses that they operate at substantial income but I did not have the exact numbers. My question is simply this. It appears that our neighboring communities have been quite successful not only operating golf courses for the community but enjoying substantial income from them. Not only are we not enjoying any income or growth off of the cities property, it appears that over the past years we don?t even appear to be making lease income from it. The lease appears incredibly generous considering the potential these other communities appear to be enjoying. Why are we arguing with a company that appears to have very little golf course experience and even less customer relations experience about hot dog rollers and French fry machines? Why are we leasing the course for $6000 a year? Why are we letting them claim personal property as capital improvements while Nampa is dropping $600K into improvements out of profits from previous years? I truly do not understand and I am being honest. There may be many extenuating circumstances here that we are not privy to but I do feel that the city needs to be accountable for this asset. I know the position of City Council can be a tiring and thankless job. I thank you for your service to the people of this great city. Doug Roberts Jacy Jones " Prom: Peggy Gardner ;ent: Monday, October 27, 2014 6:00 PM To: Tami Fleming; Jacy Jones; Jaycee Holman; Machelle Hill Cc: mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: RE: Concerns at Lakeview Golf Course Dear Mr. and Mrs. Fleming: Your email has been received by the Mayor's Office. Thank you for taking time to let us know of your concerns regarding Lakeview Golf Course. I will forward your comments to the City Clerk to be included in the Public Record. Mayor and Council are unable to discuss this outside of the public meeting, however they appreciate the opportunity to hear from you. Thanks again, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue feridian, ID 83642 Phone 489-0529 From: Tami Fleming[mailto:onthel3thgreen@gmail.com] Sent: Monday, October 27, 2014 1:32 PM To: mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: Concerns at Lakeview Golf Course Mayor Tammy and Meridian City Council, It is apparent to us that the contract obviously doesn't mean anything since the city isn't holding Oaas/Laney accountable and they can make up rules as they go. It states in the contract they are to furnish their own equipment. Instead they are being allowed to use business expenses as course improvements (see lease page 4 paragraph E3 and lease page 5 paragraph Hl, stating the lessee is responsible for such business expenses). Even being allowed to claim improvements donated and/or paid for by others. Allowing them to wave his annual payment of $6000, a small amount considering many business owners pay that amount monthly. Many business owners would like that deal but those are operating expenses not improvements to the course. Looking at it from a homeowner and tax payer point of view it looks like the City of Meridian would rather donate this land to Oaas/Laney than have the city benefit from it. We ask you, why is that? That amount may have been put into place during a trying economic time or while the business was struggling but ince Raven Golf Services took it over they have shown great improvements and Oaas/Laney has overcome a significant amount of debt. Either way we doubt the taxpayers of Meridian would agree with this agreement. If that was the case they would all want to be managing this course. Oaas/Laney stated in the meeting the project on the #9 green was underway (which he had down as #8). When questioned by the council members they found out ground hasn't even be broken and ( )% of the work has been done. Is Parks and Recreation making regular visits to the course, following up on all these projects to see what has been completed or are they just taking his word for it? According to the his 7 year plan things don't seem to be moving along very quickly unless forced to do so. Since Oaas/Laney decided not to renew the contact with Raven Golf Services the course has gone through 3 PGA Professionals and remain without one to this date. The lack of experience and knowledge to run a golf course is evident by the amount of this turnover in the past year and a half, effecting both tournament and league play. They haven't sent out any email notifications since the first of the year and most of the time the website isn't up to date. The restaurant doesn't operate consistent business hours making it difficult for patrons to visit the facility. There aren't any sit down restaurants for miles therefore this facility should be much busier. It was made apparent by Mr. Bird's comment to the younger city council members, "they needed to vote the same way they always have", they don't have any interest in holding him accountable. Council person Borton, Cavener and Milan seemed to be the only ones that understood what we were trying to say. We live on the course for a reason. We have invested in this area and want to see whomever manages it be successful. This should be a thriving golf course in Meridian but that doesn't appear ( o be the case. There are several courses in this area that are city owned that invest hundreds of thousands of dollars each year making $6000 seem unsubstantial. We think we speak for those of us who attended the last city council meeting and others who couldn't attend when we say, perhaps we need to hold an open forum on this issue for what we have covered just scratches the surface. Thank you for your time and consideration regarding this matter. Jerry & Tami Fleming 3340 Woodmont Drive Meridian, Idaho 83646 Meridian City Council Meeting DATE: October 28, 2014 ITEM TITLE: Items Moved From Consent Agenda ITEM NUMBER: PROJECT NUMBER: MEETING NOTES Ltmil."L Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 28, 2014 ITEM TITLE: RESOLUTION NO. ITEM NUMBER: PROJECT NUMBER: Mayor's Office: Resolution No. 1� ' 1 Odb Resolution Appointing Brad Pfannmuller to the Impact Advisory Committee. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 14 -- 1 o2g BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING BRAD PFANNMULLER TO SEAT 3 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, that Seat 3 of the Meridian Impact Fee Advisory Committee is currently vacant; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Brad Pfannmuller to Seat 3 of the Meridian Impact Fee Advisory Committee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Brad Pfannmuller is hereby appointed to Seat 3 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2017. Section 2. 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 Z day of October 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this N day of October, 2014. APPROVED: C- Mayor T _ y de Weerd ATTEST: By: cee Holman, City C erk RESOLUTION FOR APPOINTMENT OF PFANNMULLHR - MERIDIAN IMPACT FEE ADVISORY COMMITTEE - I of I Brad R. Pfannmuller 3624N. Hollymount Way, Meridian, ID 83646 1(208)899,10611 Bradp@boiselmnterhomes.com Objective To be a key member of a team of professionals th at provides long lasting services for my community Experience BOISE HUNTER HOMES I MARCH 2014 -PRESENT • Land Development Project Manager • Coordination with agencies on Planned Developments • Layout& construction of Subdivisions PROJECT MANAGER i AVIMOR PLANNED COMMUNITY I FEBRUARY 2011 -MARCH 2014 Future planning of 24,000 acres Designed & construction of residential energy star homes Startup of sewer treatment plant PROJECT MANAGER I BEDIFORD CONSTRUCTION INC. I FEBRUARY 2010 -FEBRUARY 2011 • Project Management of a Regional Sewer Lift Station & 20,000' of 48"-18"Truck Sewer Lines Local Residential relations management Direct Construction oversight of six story concrete building Project close-out PROJECT MANAGER I LANDMARK ENGINEERING AND PLANNING INC. I NOVEMBER 2005 -FEBRUARY 2010 Project Leadership Project observations/ Construction Inspections (Sewer, Water, Storm Drain, Irrigation, and Roadway) Agency Review coordination Construction Cost budgets (pre, during and post) Bidding Documents Civil Design Work Design, implementation and inspect SWPPP per the EPA (region 10CGP) Skills & Abilities MANAGEMENT • 'Initiating and developing new projects • Interpersonal networking • Leadership/ team problem solving Boise City SWPPP Plan design Proficientin Microsoft Outlook, Word and Excel Surveyor Transitand Level competent SELECTED PROJECTS City of Chubbuck Reg, Lift Station, Bannock Co., ID Avimor Community, Ada Co., ID Lowe's Home Improvements, Salt Lake, UT United Water Treatment Plant, Boise, ID Mountain Home Air Force Base 24" sewer rehab 2010-2011 ($7.6 M lift station and trunk mains) 2008-2010 (Planned community 210 lots phase 1) 2006-2007.(120,000 s.f. Lowe's project) 2004 (19,000' OF 36" DIP retained and yard piping) 2002-2003(13,050' of 24" trunk sewer) Education NW TECHNOLOGY I CONSTRUCTION MANAGEMENT (AUGUST 2000 WALLA WALLA UNIVERSITY- COURSEWORK IN BUSINESS MANAGEMENT 1993-1996 Milo Academy High School June 1993 WORK REFREENCES John Carpenter P.E.; T-0 Engineering (208) 442-6300 John Lee; United Water of Idaho (20B) 362-7329 Steve Smart; City of Chubbuck Public Works Director (208) 237-2434 Page 2 Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: EMS JOINT POWERS AGREEMENT UPDATE Fire Department: Emergency Medical Services (EMS) Joint Powers Agreement Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 28, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: UPDATE ON ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION Community Development Department: Update on Economic Development Plan Implementation Efforts nn// MEETING NOTES C2 L,r , Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDAI-RO Community Development Department TO: Mayor Tammy deWeerd Members of the City Council FROM: Denny Cline DATE: 10/27/14 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Sewer & Water Main Easement Volterra Heights Subdivision No.1 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer & Water Main Easement for the City of Meridian, located on the site of Volterra Heights Subdivision No.1. 2. This easement provides the City of Meridian access to a public sewer and water main installed to provide service for Volterra Heights 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 Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Dennynny Cline, Analyst II ent Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 4 www.meridiancity.org 4 Fax 208.887.1297 Rav- nv2m3 ADA COUNTY RECORDER Christopher D. Rich 2014-088002 BOISE IDAHO Pgs=7 VICTORIA BAILEY 10/29/201409.35 AM MERIDIAN CITY NO FEE �0 613420 40088 0 007 01111111 00035134207400880020070071 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this.219 day of Off' , 20A betweenCotn LVQQA Leve�T r �� LLC the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE; in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pr�es]dex� Secretary Address STATE OF IDAHO ) : ss. County of Ada ) On this � day of ei VW 20 efore me, the undersigned, a Notary Public in and for said State, personally appeared Inliec M&OILPM and . known or identified to me to be theXx*siden�-andop,'61e1" e^^r� �of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '001% ..... ......,, )1e,"•SOT AR y ARY PUBLIC FOJi IDAHO _Rigiding at: AONC /b400 �C �• ; Commission Expires: G UB AOA a'e0c' Sanitary Sewer and %6j6j qMtbVFnt EASMT S&W 11-15-13.doc GRANTEE: CITY OF Tammy de Weerr,ayor Attest y Jay L. Holman, City Clerk Approved By City Council On: V r STATE OF IDAHO, ) : ss County of Ada ) On this Oa day of a4�-wY , 20 4-1 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••• l 1p0 1 I F ,N. NOTARY PUBIC FOR IDAA Residing at: K4p� Commission Expires: , olOac� 101A. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 3689 Date: August 1, 2014 Revised: October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN SEWER AND WATER EASEMENT NO. 1 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A City of Meridian sewer and water easement lying in the NE 1(4 of the NE %4 of Section 34, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows. Commencing at an iron pin marking the Northeast corner of said Section 34, which bears South 88056'29" East from the North'/ corner of said Section 34 South 59059'48" West 878.57 feet to the POINT OF BEGINNING; thence South 16009'23" East 37.53 feet to a point; thence at right angles South 73°50'37" West 70.89 feet to a point; thence North 28°08'57" West 38.36 feet to a point; thence North 73°50'37" East 78.86 feet to the POINT OF BEGINNING. W1336091Docs\0609-sewer&walerl.dol-Ido 2 5 88°56'29" E 34 WAST McMILL D N 28°08'57" W 38.36' N. TEN 9B B6' 3/ S 16 °09'23" E 37.53' V'n1/y0 CITY OF MERIDIAN SEWER AND WATER EASEMENT NO VOLTERRA HEIGHTS SUBDIVISION LYING IN THE NE 1/4 NE 1/4, SECTION 34, T.4N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO NOTE: SEE THE RECORDED PLAT OF VOLTERRA HEIGHTS SUBDIVISION FOR ADDITIONAL INFORMATION 3689—o5b.dwg 10-28-14 14117:22 jcox TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 JOB NO. 3689 BOISE, ID. 83713 DATE: 10/28/14 N TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385.0696 Project. No.: 3689 Date: August 1, 2014 Revised: October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN SEWER AND WATER EASEMENT NO. 2 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A City of Meridian sewer and water easement lying in the NE 'Y4 of Section 34, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows. Commencing at an iron pin marking the Northeast corner of said Section 34; thence along the North boundary of said Section 34 North 88°56'29" West 1834.34 feet to a point, thence leaving said North boundary South 00052'09" West 25.00 feet to the POINT OF BEGINNING; thence continuing South 88056'29" West 255.59 feet to a point; thence at right angles South 89°07'51" East 511.69 feet to a point; thence at right angles South 00052'09" West 50.00 feet to a point; thence at right angles North 89°07'51" West 565.28 feet to a point; thence North 00050'17" East 305.77 feet to a point on said North boundary of said Section 34; thence along said North boundary South 88056'29" East 53.76 feet to the POINT OF BEGINNING. wAaseWo 13s 9-sawsr&walar-2.dor-ado L L0 N I I E 305.77'----------__ \ l` PROPOSED NORTH VITO SAN AYENUE'\ \\..\♦`.\\\\\\ \\� . S 00°52'09" W 255.59'--__- __ ___ N\ ___ ____ of NNI \ \ \ I ON I I \\\`\y O 0 E NIF Z I < yNom.. oZ5 o\\y h `o I o \J Amp \o\ i i 3 'To ti �r F m\ m <A oma �.------------ ry an mm _I\ —rm �(j) N iM °' 3 l.A )" ?zm =m �� r of r \ m \ N : O \ DAA N = ___________________ _______a n' O�m GlD S Z IN ZI Ao P \1 I Z —IQ U)> D a (nD \ \ V i i o m �� j `------------------ ' x -0 A zm \1 \ \ \\`Nj I a (n D e^ IN I z m \ \ \ ` 3 \I-------------------- --- m Pr 40 I \\\i � �C• I` '\ 11 oN\I I o I 0 o i m 1 L--------------------------- -1 LL O mP j E � I N 9 O Co m y ? J C PROPOSED ORIOGETOWER HEIGHTS 0 il m o m i v m �o s N � Z A w Y/ IDAWO Community Development Department TO: Mayor Tammy deWeerd Members of the City Council FROM: Denny Cline DATE: 10/27/14 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Water Main Easement Volterra Heights Subdivision No.1 I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian, located on the site of Volterra Heights Subdivision No.1. 2. This easement provides the City of Meridian access to a public water main installed to provide service for Volterra Heights 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 Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II �✓ �tvwW IJC�t�v�-� Denny Cline, evelopment Analyst II Ph: 208.887.2211 www.meridiancity.oro 884-5533 489-0362 489-0371 Recommending Approval Fax 208.887.1297 ADA COUNTY RECORDER Christopher D. Rich 2014-088003 BOISE IDAHO Pgs=7 VICTORIA BAILEY 101291201409:36 AM MERIDIAN CITY _ - NO FEE I313I214008 00 00 0 78 00035136201400880030070076 WATER MAIN EASEMENT th W00� D e� THIS INDENTURE, made this 28 day of Oct , 20 between Colm, ev ofl»1t rt�� l !.0 the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the parry 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. {(/M/ M 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 signatures the day and year first herein above written. GRANTOR: �qn ZfIiA x4,� �C % Presitkartt Secretary Address STATE OF IDAHO ) : ss. County of Ada ) On this Zy day of J tn4 , 20I't , before me, the undersigned, a Notary Public in and for said State, personally appeared lklae %kCCOL-L)M and , known or identified to me to be the V+ecidart and Sesretmy respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yW&5t fdngve written. .•S1�vv'atARpsi aei SE �x!!J1 • G: Water Mad1� e1 MK••••' qQ' ea NVf4RY PUB IC FOR IDAHO Re ' ing at: 13o15G, Inmo Commission Expires: $-29-19 EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de a or a;�y Attest bycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this -Q-& day of QCA per/ , 20 1 C-, 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) Water Main Easement NOTARJY PUBL FOR IDAHO Residing at: 6k An A I Q'n \an y„n Commission Expires: n q o /A/•/�7r EASMT WAT I I-15-13.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385.0636 H 6 Fax (208) 385-0696 Project, No.: 3689 Date: August 1, 2014 October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT NO. 1 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A 20 -foot City of Meridian water easement lying in the NE '/4 of the NE '/ of Section 34, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows. Commencing at an iron pin marking the Northeast corner of said Section 34, which bears South 88056'29" East from the North Y4 corner of said Section 34 South 22°01'30" West 846.39 feet to the POINT OF BEGINNING; thence South 01'02'41" West 104.00 feet to a point; thence at right angles North 88°57'19" West 20.00 feet to a point; thence at right angles North 01'02'41" East 104.00 feet to a point; thence at right angles South 88°57'19" East 20.00 feet to the POINT OF BEGINNING. W:\36691Docs13W9- ater 1.tl0cv-Itic 2n , /l S 88"56'29" E 2E 34 Y WEST McMILLAN C-15 C 57 S 88057'19" 20.00' L .mil 27 1 26 34/1 35 i/ i ///10 o K/ — N 88°57'19" W� 20.00' L-35 0 0 cy w J z w FA PROPOSED NORTH VICENZA WAY L-42 Y OF MERIDIAN WATER EASEMENT NO. I 1 VOLTERRA HEIGHTS SUBDIVISION "[Y �y LYING IN THE NE 1/4 NE 1/4, SECTION 34, T.4N., R.IW., B.M., e°reQ�N� MERIDIAN, ADA COUNTY, IDAHO �Ic, �. � � NOTE: SEE THE RECORDED PLAT OF VOLTERRA HEIGHTS SUBDIVISION FOR ADDITIONAL INFORMATION TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 3689—asb dwg 10-28-14 14:17:22 jcox JOB NO. 3689 BOISE, ID. 83713 DATE: 10/28/14 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 H Fax (208) 385-0696 Project. No.: 3689 Date: August 1, 2014 Revised: October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT NO. 2 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A 20 -foot City of Meridian water easement lying in the NE % of Section 34, TAN., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows. Commencing at an iron pin marking the Northeast corner of said Section 34, which bears South 88°56'29" East from the North % corner of said Section 34 South 54034'08" West 1448.81 feet to the POINT OF BEGINNING; thence South 00052'09" West 20.00 feet to a point; thence at right angles North 89°07'51" West 142.47 feet to a point; thence at right angles North 00°52'09" East 20.00 feet to a point; thence at right angles South 89007'51" East 142.47 feet to the POINT OF BEGINNING. W:AWOMDomi1 9 water 2.dow-Idc N JL 7 N 00° E � 20.00.00' I 2 ` S 88°5629" E 2654.64' 34 Y WEST McMILLAN ROAD I N. TEN MILE ROAD m� b0' ,b I y b 7Ti7r Tri ITi � 7& N 89°07151" W 142.47' 22 BLOCK I 27 1 26 34 1 35 00°52.09" W- 20.00' PROPOSED W. TORANO DR. 0 w z> oa w0 rn cr) 0a a- 0 a a CITY OF MERIDIAN WATER EASEMENT NO. 2 VOLTERRA HEIGHTS SUBDIVISION LYING IN THE NE 1/4 NE 1/4, SECTION 34, T.4N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO NOTE: SEE THE RECORDED PLAT OF VOLTERRA HEIGHTS SUBDIVISION FOR ADDITIONAL INFORMATION 3689—osb.dwg 10-28--14 14:17:22 jcox TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 BOISE, ID. 83713 JOB NO. 3689 DATE 10/28/14 Meridian City Council Meeting DATE: October 28 2014 ITEM TITLE: ORDINANCE NO. ITEM NUMRFR- PROJECT NUMRFR- Ordinance No. 14' Wn : An Ordinance (AZ 14-007 Sugarman Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Southwest 11A Of Section 36, Township 4 North, Range 1 West, Boise Meridian; Establish -ging And Determining The Land Use Zoning Classification Of Said Lands From Rut To C -C (Community Business) District In The Meridian City Code; And Providing An Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTinN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-088004 BOISE IDAHO Pgs=S VICTORIA BAILEY 10/29/201409:37 AM MERIDIAN CITY NO FEE III III III III III IIIIIIIIIIIIIIII II I IIIIIIII III I III 00036136201400880040050051 CITY OF MERIDIAN ORDINANCE NO. - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE (AZ 14-007 SUGARMAN SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/40F SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -C (COMMUNITY BUSINESS) 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: George Sugarman. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Community Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — SUGARMAN SUBDIVISION (AZ 14-007) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 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 )qday of 0049 bt e— 92014. APPROVED BY.THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1day of OC, �O �✓L , 2014. MAYOR XAMMY de WEERD ATTEST: JAYCEPL. HOLMAN, CITY CLERK ANNEXATION — SUGARMAN SUBDIVISION (AZ 14-007) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this Q 6 day of (-)C {-n bey , 2014, 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. 09690 • Ait, 1y, :• (SEAL) •••;�,g � _off NiA •• NOTWRY PUBLI OR IDA RESIDING AT: "e rt d%.o_vl k7 MY COMMISSION EXPIRES: Nck n y • ao �o ANNEXATION — SUGARMAN SUBDIVISION (AZ 14-007) Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR SUGARMAN SUBDIVISION ANNEXATION A parcel of land located In the Southwestl/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West 11ne of tho Southwest 1/4 of Section 36, Townshlp 4 North, Range 1 West, Boise Melldlen, dedved from found monuments and taken as North 00'15'11" East with the dlstanoe between monuments found to be 2637.66 toot BEGINNING at the Section corner common to Sections 36 and 36, Township 4 North, Range 1 Weal, and Sections 1 and 2, Township 3 North, Range 1 Wes( Boise Meridian from which the West 114 corner of said Section 36 bears North 00°16'11" East a distance of 2637.66 feel thence along the West line of the Southwest 114 of said Section 36 North 00916'11" East a distance of 329.69 feet; thence leaving said West line South 88°46'14" East a distance of 666.84 feet; thence South 00018'16" West a distance of 330.33 feet to a point on the South line of the Southwest 114 of said Section 36; thence along said South line North 88°42'54" West a distance of 666.56 feel to the POINT OF BEGINNING, Said Parcel containing 218,666 square feel or 6.04 acre§, more or less and Is subject to all existing easements and rights -of -ways of record or Implied. END OF DESCRIPTION Russell E. Bodgley, P.L.S. 12466 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (208)466.6687 Sugarman Subdivision AZ -14-007 EXHIBIT B W ria RMSs CAP CPar#10W1M 0 f -T R 1^ = sa se8' 46' 10 E - se5 e4• _ 1 a� 124 ° SUtlARsl.4NSUBb/I�/SfON.CNNEG7T/oN p'e�y � ly� rc RI r I z�s,esR EQ.R .oP N� wl w 5.04 W. _�1 I y ~ 1 9b 3B – L — "-- — 2 } SEC. COR – USTfCK ROAD – I RRAss Cpp N88 42' S4 -W. Sugarman Subdivision AZ -14-007 Meridian City Council Meeting DATE: October 28, 2014 ITCM TITI F• Future Meeting Topics ITEM NUMBER: PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS