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2014-11-5 Special
AMENDED AGENDA Wednesday, November 05, 2014 at 6:00 PM 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Luke Cavener Genesis Milam X ® X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of September 23, 2014 City Council Special Joint Meeting B. Approve Minutes of October 21, 204 City Council PreCouncil Meeting C. Approve Minutes of October 21, 2014 City Council Meeting D. Approval of Street Light Maintenance Agreement with Three Corners Land Developments, LLC for Three Corners Subdivision No. 2 E. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed amount of $78,000.00 F. Approval of Task Order 10353.b to Brown and Caldwell for the "INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT" project for a Not -To -Exceed Amount of $291,700.00 G. Agreement with Taser International for the Purchase of Law Enforcement Body Worn Camera Systems and Associated Hardware and Support Systems. Vacated Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Agreement for Professional Services with Kathy Drury -Bogle for Training Development and Delivery I. License Agreement with Ada County Highway District (ACHD) to Allow City Utilization of ACHD-owned Fiber Optic Conduit J. Recreational Pathway Easement Between Mission Coast Properties ID, Inc., and the City of Meridian Regarding Reflection Ridge Subdivision No. 3 K. Approval of Master Service Agreement with Syringa Network for Internet Services L. Development Agreement for Approval: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District M. FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District 6. Community Items/Presentations A. Continued from October 21, 2014: ACCEM Joint Powers Agreement History Discussion Motion approved to sign and send letter. B. Resolution No. 14-1029: Resolution Approving Joint Powers Agreement for Emergency Management Services in Ada County Continued to November 12, 2014 7. Items Moved From Consent Agenda None 8. Action Items A. Request to Grant a Variance by Capital Christian Church Regarding a Proposed Change in Address Granted B. Public Hearing Continued from October 21, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Continued to November 18, 2014 C. Public Hearing: AZ 14-011 Jump Creek by Northside Management Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 2 of 4 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. Annexation of Approximately 86.06 Acres from RUT in Ada County to the R- 8 (Medium Density Residential) (64.63 Acres) and R-15 (Medium High - Density Residential) (21.43 Acres) Zoning Districts Continued to November 2, 2014 D. Public Hearing: PP 14-013 Jump Creek Located Northwest Corner of N. Black Cat '•• and W. McMillan '-r Approval Consisting of 318 Single Family Residential Lots, 2 Multi -Family Lots and 42 Common Lots on Approximately 85.9 Acres in the Proposed R-8 and R - Zoning Districts Continued to November 25 214 9. Department Reports A. Continued from October 21, 2014: Discussion of Social-gledia Policy and Procedure. Original Policy approved December1' B. Community Development/Building Services Division Department Report: Proposed code adoptions and local amendments - 2012 International Building Code, 2012 International Residential Code, 2012 International Energy Conservation Code, 2014 National Electrical Code, 2012 Edition Of The International Mechanical Code, 2012 International Fuel Gas Code C. Public Works: Budget Amendment for FY2015 in the Amount of $90,000.00 for the Wastewater Treatment Plant ( TP)Safety Improvements Construction Approved 10. Ordinances A. Ordinance No. 14-1628: An Ordinance (AZ 14-009 Castle Creek Subdivision) For Annexation And Rezone Of A Parcel Of Land Being Located In The SE '/4 Of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved 11. Future Meeting Topics Idaho Smart Growth 12. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council Meeting Agenda — Wednesday, November 05, 2014 Page 3 of 4 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 Meeting Agenda — Wednesday, November 05, 2014 Page 4 of 4 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 November 5 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 5, 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, Caleb Hood, Bill Parsons, Kyle Radek, Bruce Freckleton, Brent Bjornson, Terri Ricks, Scott Colaianni, Parry Palmer, 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 W X Mayor Tammy de eerd De Weerd: I'd like to welcome everyone to the City Council meeting. It's always nice to see faces in the room. So, thank you for joining us Here. For the record it is Wednesday, November 5th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard, who is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, Larry, for joining us and kicking us off the day after election day, uh? Woodard: Are we all awake tonight? Our dear Heavenly Father, as I come tonight to pray before the City Council meeting, we have just gone through a national election and state election and we are reminded once again about the freedoms that we enjoy in this country to be able to vote and how that has been a part of our nation from the Declaration of Independence down to the Constitution and even referenced by Abraham Lincoln at the Gettysburg address. So, we believe in freedom and we just thank you that we have it here in this country. So many do not. And we are blessed to have this Council and Meridian City Council November 5, 2014 Page 2 of 62 leaders who have led our city to be one of the finest in the country and I just pray for each of them tonight that they will be wise in whatever they do and that our city will continue to grow and be blessed by sound judgment. I can't help but think that the course of freedom has taken a long, long time. Started with the Athenians, who required each man in that community to be a part of their council deliberations, to the Christians who put their faith on the line and made their own choices. We remember the English who forced their king to sign a document given them freedom and now we have our country and this community that has enjoyed those freedoms because of those that have gone before us. We thank you for all who work for the city here, for the police and firemen, the EMTs; planners, maintenance people, they have done such a good job and we thank you for them. I especial in closing want to thank our Mayor for the faith luncheon this past week that recognizes the faith community that makes a part of our community click the way it should. We thank you for all the church leaders in this area. Be with us tonight as we take up some business and just help us make good decisions, in Jesus' name, amen. De Weerd: Thank you, Larry. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 5-G has been requested to be vacated by staff. Item 6-B the resolution number is 14-1059. Item 10-A, the resolution number is 14-1628. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of September 23, 2014 City Council Special Joint Meeting B. Approve Minutes of October 21, 204 City Council PreCouncil Meeting C. Approve Minutes of October 21, 2014 City Council Meeting Meridian City Council November 5, 2014 Page 3 of 62 D. Approval of Street Light Maintenance Agreement with Three Corners Land Developments, LLC for Three Corners Subdivision No. 2 E. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed amount of $78,000.00 F. Approval of Task Order 10353.b to Brown and Caldwell for the "INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT" project for a Not -To -Exceed Amount of $291,700.00 H. Agreement for Professional Services with Kathy Drury -Bogle for Training Development and Delivery I. License Agreement with Ada County Highway District (ACHD) to Allow City Utilization of ACHD-owned Fiber Optic Conduit J. Recreational Pathway Easement Between Mission Coast Properties ID, Inc., and the City of Meridian Regarding Reflection Ridge Subdivision No. 3 K. Approval of Master Service Agreement with Syringa Network for Internet Services L. Development Agreement for Approval: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District M. FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District De Weerd: Our Consent Agenda is Item 5. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, authorize the Clerk to attest and the Mayor to sign. Meridian City Council November 5, 2014 Page 4 of 62 Bird: Second. Rountree: I have a motion and a second to approve the Consent Agenda that was amended in the proceeding. 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 6: Community Items/Presentations A. Continued from October 21, 2014: ACCEM Joint Powers Agreement History Discussion B. Resolution No. 14-1029: Resolution Approving Joint Powers Agreement for Emergency Management Services in Ada County De Weerd: Under Item 6-A. Council, we do have a letter that is going around for your signature to memorialize the discussion that you had on October 21st seeking a response from the county, so we will continue this so that the county has a chance to receive our questions and give them a chance to respond. Is there any further comment, Mr. Nary, or -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I still -- in this joint powers agreement I still -- for 28,000 we are nothing now but an advisory council, am I not right? Or am I misreading? We -- the commissioners have the final say of what is done. De Weerd: Mr. Bird, I guess the county is always kind of technically had the final say by signing off on the paper -- the federal paperwork, which has been a requirement to receive those funds. So, it's -- it had to be rewritten in the joint powers agreement to reflect that, but, yes, they do have the opportunity to overrule the vote of the executive committee, but you would have all -- as l understand it, because they do vote there that you will have a good heads up on the direction they are going. Bird: I just -- I can't think of any other thing that we pay dues into where we haven't at least got a -- get to do the final voting on what is -- transpires, where having sat in on a meeting one before this I have voiced my opinion at the time with the council that I didn't feel that -- and while 98 percent of the time there would be no problem, it's that two percent, but for 28,000 dollars I think we ought to have a little more say than just being advisory. Meridian City Council November 5, 2014 Page 5 of 62 De Weerd: Just the 28,000 -- all of the cities contribute per population to again look at the county as a whole in terms of emergency response on countywide issues. They are also the ones that oversee the countywide training, train cities and whatever tabletop activities we request and I think the letter is really asking for clarification on -- as if we can continue to pay dues and participate in the joint agreement what are the rolls and responsibilities of the staff and, in turn, what is the accountability to the cities for helping to -- to pay for the personnel to oversee these grants. But that's the best I can do in that. Bird: Madam Mayor, I have no problem signing the letter and sending it in, but I do have a problem of -- and I would hope we don't enact upon the resolution tonight until we get an answer back from our letter. De Weerd: Mr. Bird, my advice is -- is exactly that, is to skip Items 8 -- or 6-A and B until the county has had a chance to receive the letter and -- and has responded to it. Then we can have a conversation on what their response is in terms of defining the role, responsibilities, and accountability to the cities that are paying dues. Bird: Do you need a motion to accept the letter to send it in? De Weerd: Yes, I think that would be appropriate. Bird: I would move that we -- Council and Mayor sign the drafted letter to send to ACHD commissioners regarding the ACCEM joint powers agreement questionnaire. Rountree: Second. De Weerd: I have a motion and a second and just that this item will not -- will be continued until next week considering we have a response, otherwise, it will be continued again. Does that sound reasonable? Bird: That's great. De Weerd: Okay. Any discussion on the motion? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Thank you. And we will need to get your signatures before you leave tonight. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Meridian City Council November 5, 2014 Page 6 of 62 Item 8: Action Items A. Request to Grant a Variance by Capital Christian Church Regarding a Proposed Change in Address De Weerd: So, Item 8-A is under -- who is going to lead this -- Bonnie? Bill? Bill? Raise your hand. Ricks: Sorry, I was a little distracted. Madam Mayor and Members of the Council, the Capital Christian Center is presently addressed at 2760 East Fairview Avenue and has been at this location for over 20 years. The recent sale of its surrounding property, however, in addition to the subsequent development of the Volterra Subdivision, necessitated an address change. As you can see by the exhibit, excuse me, the only access for this structure has been through North Hickory Way. It's Fairview Street frontage would have been the determining factor in the assignment of a Fairview Avenue -- excuse me -- Fairview address approximately 20 years ago. While the creation of the new residential lots to the north of the church have no impact on their existing address, the development of the three commercial lots to the south of it outlined in blue here have effectively eliminated all Fairview Street frontage. It's not uncommon with ongoing development in our city that an existing structure is absorbed into a new subdivision. Once a plat has been recorded new addresses are, then, assigned. When possible, if there is street frontage and other determining factors are met, a previously assigned address for an existing structure is allowed to remain. With the loss of Fairview frontage this is not the case with the Capital Christian Center. An existing multi -tenant commercial building directly to the west and across the street -- this white building over -- there you go. Is addressed off North Hickory Way. The three new commercial lots to the south have also been assigned North Hickory addresses. Meridian city ordinance, in addition to our current standard addressing guidelines, requires that a structure be assigned an address from a street from which it fronts or that a structure -- or, excuse me, or receives access from. While neither of these requirements are met in this instance, the overriding factor is the confusion such addressing inconsistency would create for emergency personnel in this area. There is several areas of concern if the address is left as is. One, all addressing within the city and county is GIS based. The GIS address point presently attached to this Fairview address will create an error due to its North Hickory, rather than Fairview location. There are now newly created parcels separating this structure from Fairview Avenue. Number two. The supposition is inaccurate that if a structure has been in existence for a long period of time such as this there is no problem locating it in an emergency situation. The 911 call center dispatches for the entire county and uses GIS data the city provides in order to route emergency responders. Dispatchers are not familiar with all locations and the call center has specifically expressed its concern over leaving the Fairview address intact. Number three, it is very common for Boise or Eagle units to respond to emergencies in our area. Their timely response is solely dependent on the accuracy and consistency of our addressing, as opposed to personal familiarity with particular locations. Number four. While at present the church is very visible from Fairview, development of the three commercial lots to the south, which include the building currently under construction, will increasingly obscure visibility from Fairview. Meridian City Council November 5, 2014 Page 7 of 62 The future development of the property to the west -- both to the west and the east of the church -- the visibility from Fairview will be nonexistent. Once the Volterra plat was recorded the new lot, block, and parcel information was transmitted by the county to the city for address assignment. While assigning addresses addressed to this subdivision on October 2nd, it was evident that the existing address would be problematic. The assessor's office, along with Meridian fire and police departments were notified and their input was requested. We also requested the issue be heard by the Ada County street naming committee and while this is ordinarily a recommending committee regarding street naming, they often weigh in on difficult addressing situations such as this. A voicemail was also left the same day to the church regarding the situation and an e-mail was sent. On October 16th a meeting was held with the pastor and associate pastor of the church to discuss their concerns, as well as staff concerns about the potential address change. Representatives from our community development, legal, fire and police departments were in attendance. The concern of the church were understandably the length of time they have been at the Fairview address, in addition to the potential cost associated with such a change. Police and fire raised a public safety issue as previously mentioned. A handout was also given to the church regarding expenses they will not need -- that will not need to be incurred. Some identified items were that deeds do not need to be re-recorded as they are based on the actual legal description, lot, block, and subdivision, as opposed to addresses. Checks do not need to be reprinted. Banks will honor checks with previous addresses. They can be used until they run out and new checks with the new address can, then, be ordered. There is no charge for address changes for periodicals, banks, insurance companies, et cetera. There is no charge for a change of address through the U.S. Post Office. If processing it online, however, rather than submitting a card change of address at the post office, there is a one dollar charge to a credit or debit card and this is solely for identification purposes. Mail delivery is also a concern with an address change, but the post office has verified an initial seven day delay for the first delivery after the change, but with no additional delays. The city would make notifications to the 911 call center, Meridian fire and police departments, Meridian utility billing services, Ada County elections, Ada County assessor's, Idaho Power, Intermountain Gas, and Qwest Communications. These agencies, as well as the post office, are also given an effective date of an address change, generally 90 days from the date of the notification letter in order to allow the affected entity sufficient time to notify their personal contacts. In summary, leaving the address -- existing Fairview address as is would set a negative precedent. It would be increasingly more difficult to systematically assign accurate addresses to other structures in keeping with our city ordinance, standard addressing guidelines and NENA, the National Emergency Number Association standards. In an effort to avoid potential response delays for emergency personnel and in order to provide addressing consistency, my recommendation, along with that of the Ada County Street Naming Committee, the Emergency Communications Bureau, which is the 911 call center, Meridian fire and police departments, is that the present address of the Capital Christian Church be changed to accurately reflect its North hickory location. And with that I will conclude and stand for any questions. Thank you. De Weerd: Thank you, Terri. Now I understand why you didn't respond, because I called you Bonnie, so -- sorry about that. Any questions for Terri? Meridian City Council November 5, 2014 Page 8 of 62 Bird: I have none. De Weerd: Okay. Is Capital Christian here? Would you like to make comment? Wilde: Sure. De Weerd: Thank you for being here. If you will, please, state your name and address for the record. Wilde: My name is Ken Wilde. I live at 747 West Eagle -- West Watermore Court, Eagle, Idaho, and I'm pastor -- senior pastor Capital Christian Center. Honorable Tammy de Weerd and distinguished Members of Meridian City Council, thank you the opportunity to come and at least express our desires and wishes here. As was already noted, recently we received notice from the city that our address would change from Fairview Avenue to a North Hickory Way address and as was mentioned we met with them and they expressed their concerns and what they would like to do. We have owned this property for around 21 years and in addition to the address change it also includes a zip code change. So, we'd like to request maintaining our address for the following reasons: The Capital Christian Center was the first building in our area. We wondered why we were going way out there, but at the time when we constructed the building some 21 years ago, after buying 40 acres of farmland. Now we. are a congregation of several thousand There were no major subdivisions or businesses within possibly a mile of us at the time and since then, as you know, it has grown up around us and the old statement, build it and they will come I guess is in vogue here. Therefore, we have been known as a church on Fairview Avenue and have developed our entire public relations around our location. It would actually be quite expensive to change our address, our legal documents, and all of our PR and, once again, rebrand who and where we are located. Also Capital Christian Center has a national presence as we are associated with a sister organization, the National Prayer Center, Washington DC, and with -- who has many churches, organizations, and private citizens around the country who we have correspondence from - to our address here in Meridian. In addition, it seems to us to be very confusing for public relations when we have been at Fairview Avenue for 21 years and now people will have to find their way to where North Hickory Way is located. We have always been a -- known as a landmark location here in Meridian. Capital Christian Center, as was noted, was told that one of the major reasons for the change is public safety and that police and fire would not know where we are located. However, even presently the fire department uses our building and parking lot for training and we have worked closely with the police department over the years. Our building is 61,000 square feet. It's not easy to hide. I do not see this as a major deterrent for changing our address. Nothing has changed for us, since we have sold our frontage property, we have the same entrance and access that we have had for 21 years. We have the same sidelines from Fairview Avenue, except for the extreme east end of the Fairview property where a building is going in. We will also maintain our signage out front on Fairview Avenue, which is in agreement with the new owner. And we also have responsibility to help maintain part of the entrance to North Hickory Way on Fairview Avenue. Capital Christian Center has always attempted to be a Meridian City Council November 5, 2014 Page 9 of 62 serving community to the City of Meridian and help in any way possible for free community events and community activities. We have hosted many events at our property for the community, such as Fall Fest, Easter egg hunts, Western Days, and -- and, of course, traditional religious and national holiday events, such as Thanksgiving, Baskets For Families In Need, turkeys for the Meridian Food Bank, handing out winter coats for Meridian Head Start children. In fact, we won a national award from the national Head Start and we also hold community services, such as Christmas Eve and other Thanksgiving community events. We also provide a free dress shop for Dress For Success, an organization which helps underserved women in our community with appropriate attire for job interviews and for the job itself. They receive referrals from many government and private organizations and is one of our community's organizational shining stars. We also house a valleywide home school co-op each week and we also have a post high school intern leadership program, all of which are programs there at the Capital Christian Center. We have also been involved in service projects in which we help in local community work, such as helping paint some of our local schools and other ways to aid in upgrading our area. Our hope is to always be a helping and generosity center for those in our community who are less fortunate. Therefore, we prefer to spend money on community help projects, instead of money to change our address, which seems to be counterproductive to us. And, therefore, Capital Christian Center asks for a variance in our address change, so that we can maintain our present address at 2760 East Fairview Avenue. All of these other organizations that use the building said they will also have to Change their address as well Thank you so much for the privilege of presenting our request and we appreciate you hearing us. Thank you. De Weerd: Thank you, Ken. You may stand there for a few minutes in case someone had a question. Council, any questions? Bird: I don't have one at this time. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Pastor, I mean we realize what a wonderful community partner you are. Your main argument is the money that it will cost. So, I'm curious what -- have you done the math and how much money that is? Wilde: It's not just the money, it's a PR nightmare, trying to get national -- we have national letters that go out all the time and these other organization that use our building are going to also have to switch their -- their addresses, et cetera. It's going to be an interesting time, particularly the very beginning. Now, overtime I'm sure it won't be as difficult, but we have always been known as a Fairview Avenue address and that's what we would like to maintain. Milam: Thank you. Meridian City Council November 5, 2014 Page 10 of 62 De Weerd: Any other questions? Okay. Bird: Madam Mayor, just a second. De Weerd: Mr. Bird. Bird: Pastor, you did say that the sign was going to stay out there on Fairview, even though you have sold the sold property off -- Wilde: Yes. Bird: -- that sign will sit there with the address and everything? Thank you. De Weerd: Okay. Thank you. Wilde: Thank you. De Weerd: So -- Mr. Bird. Bird: Lieutenant, when you get a 911 call in and they give you this address, does this this building comes up on your computer, don't it, at this point? Colaianni: The address -- the address will come up on the computer. De Weerd: And at that location? Colaianni: Yes. It will show -- it will show the address on Fairview. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Terri, maybe a question you can answer for me. In our community's history has there been other times where this has happened, where a -- you know, a significantly large, free-standing building has had to have their address changed? Ricks: Not in my time here. I don't remember like a business especially. Well, actually, we have -- we have had businesses. Usually they are residents, exhibiting homes that are changed, and they, too, have -- while it's not a church or something of that nature where many, many people are affected, you know, some homes we had recently, Spurwing Rim, where there was an existing address and I -- I can't remember how many years that had been at that address, but I think it was well over a decade. The gentleman sold the land and Spurwing Rim was developed around it. There were new internal streets and his address needed to be changed, so -- Meridian City Council November 5, 2014 Page 11 of 62 Cavener: And that was only residential; correct? Ricks: That was residential. Correct. De Weerd: I think, Council, what kind of triggered this is what happened on off Overland, but that wasn't an existing building, it hadn't had a long-term presence in the community. So, you know, this is different and it's in front of you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We have heard the police department weigh in, I guess. The reason for the rule in the first place was the safety services and the fact that not always is it our own first responders, but sometimes we have help from other cities to respond and that's where the rule came from in the first place that your address has to be where your access is. So, I -- I know Lieutenant Colaianni answered the question what comes up on their screen, but is the access indicated? I guess what I'm thinking of we -- we do have similar instances. The Valley Shepherd Church looks like it faces Meridian Road, but it has no access on Meridian Road, so its address is Maestro or something like that. Several other businesses are the same, even though they look =- Overland has been mentioned. They look like they are on Overland. There is no access to Overland, so their address is the side street and, as I say, that -- that came about because we were asked by our first responders to make sure that the addresses matched the access, so that they didn't come up with a fire truck or a police car the wrong direction or in the wrong place and couldn't get in where they were going if they went to that address and there is no access. So, I guess I would ask both of you how much difference that makes in this circumstance. Not only the precedence, but this one time. Colaianni: Madam Mayor and Mr. Zaremba, I mean I don't know that I can give you a lot more illumination on this topic than has already been provided in staff and to what you have discussed already. When we are dispatched to a call it gives us the address. It will show the Fairview address and usually, typically, the closest cross street, but not in all cases, it just depends on how the addressing system is set up. That said, I clearly know where this church is at. The people that live in this community know where it's at, but you raise the point that if there are other responders -- first responders coming from out of the area that don't know where it's at and this area is developed along Eagle Road and along Fairview and it is more hidden than it is visible now, it could be a problem. I mean that likelihood exists if there first responders that just don't know where the area is at. They are just not familiar with the area. And, then, you know, we look at what we are doing consistently with addressing and how we want to do that now and in the future and so I think that that -- what Mrs. Ricks has covered is everything there is. Cavener: Madam Mayor? Oh, go ahead. Meridian City Council November 5, 2014 Page 12 of 62 De Weerd: Parry, did you have anything to add? Palmer: Madam Mayor, Members of the Council, the only other thing I would add is the processing of calls initially -- we find that more and more people have cell phones and sometimes if they hang up prior to us being able to confirm their location all we have is the lat and long that comes with the GPS. The GPS may show the location, but if the address shows up as Fairview it's far enough off of Fairview that the dispatcher is going to question whether they got the right location and in trying to verify that that's going to take time and to the lieutenant's point, maybe a little bit more so for us than it is PD. We can find ourselves in situations with large incidents that we may have a unit in here from Middleton or Caldwell that is covering the city for other calls for us that may not be familiar with this location or have the same mapping capabilities that we have to be able to locate where they are going. De Weerd: Well -- and I get all that, but if someone is in the church, they are not going to have an address, they are going to say I'm at Capital Christian Church and so I -- I understand with residential and with anything new that we do, but this one just has me a little bit baffled and I can think of one other situation that will probably -- Ten Mile Christian has pads in front of it and it's been addressed on Franklin, so just -- we just need to be aware what -- what we are doing here as well on existing facilities and these are huge facilities that are a little bit more obvious. So -- Mr. Cavener. Cavener: Not to -- not to belabor the point, but I guess the way I'm looking at this is that if we -- if we vote to grant the variance nothing changes -- Bird: Yeah. Cavener: So, I guess my question is for our emergency responders is this building has been here for 21 years, have we had an issue in the past 21 years where emergency responders haven't been able to get to that facility? Colaianni: I can't speak for fire, but, no, not on the police side. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not to make this into an hour deal -- if we don't have anymore discussion -- and I -- I think that I -- I seriously hope that Caldwell and Middleton aren't our first responders on a Meridian call, but anyway -- De Weerd: Before you do that I think Mr. Nary has one thing to add. Bird: Oh. Meridian City Council November 5, 2014 Page 13 of 62 Nary: Madam Mayor, Members of the Council, if you're going to grant the variance, then, you need to make findings as to why this is an undue hardship and why this is different, so that way we -- remember, we are crafting an ordinance to address this again and as you heard Terri say, the concern we have is other businesses having the same issue. So, whatever your findings are, if you could make it clear what your direction is, why, if you're going to grant it, what's the basis for it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will make a motion, Bill, and, then, you can tell me if it's right or wrong. With your permission. I move that we grant the variance for Capital Christian Church for as long as there is no buildings put between them and Fairview Avenue -- in front of them and that the reason I believe that we should grant this variance is because of the 21 year record and all the literature and PR and paperwork they have got out, so they don't have to change everything and -- that's my motion. Does that cover it, Bill? Nary: Madam Mayor, Members of the Council -- well, you need a second if you want to -- De Weerd' Do I have a second? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm not quite tracking all of Councilman Bird's motion. I -- I agree with the intent behind it, some of the parameters associated with that I'm struggling with. I guess I'm beating around the bush to say I guess I will second that. Rountree: But you don't know why. Zaremba: Discussion, Madam Mayor? De Weerd: Discussion. Mr. Zaremba. Zaremba: Like Councilman Cavener, I would like a little more definition. The -- the properties that have been sold off that -- it appears to be three different lots there and I guess my question is are those lots numbered in some way that we could ask the maker of the motion to identify that the left lot -- they are already building on one of the lots, but if the intent of the motion is that the left lot be left unimproved or at least not with a building that would hide it and that their church sign remain on that property -- is there some way to identify that specific piece of property? De Weerd: Or a view corridor in as well. Meridian City Council November 5, 2014 Page 14 of 62 Zaremba: Is there a plat number of something to it? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I -- I didn't feel that the one that they are building on right now was -- was between Fairview and them, it was off to the east and I -- I would say the lot that's got the sign on, as long as it's left undeveloped that would be my preference. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have been handed a sheet that identified the lot that I believe we are talking about as Lot 2 of Block 1. Bird: I would put that in my motion as long as Lot 2 of Block 1 remains undeveloped and we can leave this address as is. But if that is developed and built on, then, the variance goes away. Second agree? Cavener: I don't - I'm still not -- I think enough for me to -- for the second to agree, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A couple points if we are going the direction to grant this. We need some substance to the variance and I don't think that a view corridor or some kind of a restriction on development or timing of development of a lot that somebody is going to have to keep track of, which will never happen -- so, if -- if we need substance for the variance I think one item that was mentioned is that there is signage on Fairview that will remain, there are occupants other than the church that utilize the church and address of Fairview for their endeavors, as well as the -- what was stated by Councilman Bird, which is its history and its presence because of its significant size of 16 -- 61,000 square feet, something like that. So, to me if those were added to the motion and the lot discussion on Fairview were eliminated, I could probably support the motion. Bird: I have no problem adding that. Cavener: I agree on that. De Weerd: Okay. Bird: Call for the question. Meridian City Council November 5, 2014 Page 15 of 62 De Weerd: Any further discussion? Madam Clerk, will you call roll. Rountree: So, could we get the motion restated? De Weerd: Read the minutes. Nary: Madam Mayor? Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what -- what I think I heard you say was that you want to consider as part of your conditions of hardship the length of time that the address has been in existence. I would suggest 20 years be a minimum, because, then, you're not going to be dealing with every new construction, but something that's been in existence longer than 20 years. Over 50,000 square feet, because of the visibility is -- I thought was what you were talking about and multiple users of the facility -- I mean that may deal with a long standing apartment complex of some sort that may be an issue, but as long as you -- what you're asking is to consider that when we craft an ordinance, that those are the factors you may consider for hardship consideration of a variance -- there is a minimum of three factors -- Rountree: One more. Nary: Did I miss one? Rountree: The signage. Signage on the street of address. Nary: And there may be problems sometimes when you have off -premise signs, so that maybe an issue you may have to address. But, again, if it's part of your ordinances you can consider that that's a factor, those four things, I think that's what you said. If that's the case, then, we can probably craft an ordinance around that. Bird: That is -- that is the reasons, yes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And with those conditions and restrictions that would mean that the exceptions do not apply to new building, which is -- that's consistent, so that any new -- particularly if we are saying it has to have been that way for 20 years, we are giving it special consideration. Any new building would have to comply with our current ordinance and I agree with that. Meridian City Council November 5, 2014 Page 16 of 62 De Weerd: Okay. Any further discussion? So, the motion maker and the second agrees with the summary that was stated? Cavener: Yes. De Weerd: Okay. 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. Thank you. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from October 21, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 7-B is continued public hearing from October 21st on TEC 14-006. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Jericho time extension. The applicant is here this evening to discuss extending this preliminary plat for a one year extension. In their narrative they explained that they have numerous projects under development throughout the community and at this time they need a little bit longer in order to get that project moving forward. They anticipate starting that subdivision sometime early spring -- or late, early summer, so that's why we are only requesting the one year time extension. As I mentioned to you in the staff report, this has a longstanding history as far as time extensions go. This is the fourth request, three of which have come before you and in that hearing outline that I have prepared for you this evening I did give you a timeline of the chronological events that have occurred over the previous time extension. So, I'm going to quickly run through those just to refresh your memory and, then, we will go from there. So, back in 2009 the planning director did approve -- or denied the time extension for this project based on the fact that the plat did not comply with the ten percent open space as required under our current ordinance. The applicant did appeal that denial to the Council and they did approve the subdivision to develop with six percent open space predicated on the development having two amenities and that was tied to the project. In 2010 we brought forth -- we had adopted some new design standards for single family attached product and townhomes and so we required some additional conditions that required CZC and design review approval for the townhomes. Again, we requested a submitted -- revised landscape plan and two amenities and also the applicant was required to mitigate all of the existing trees that had died on the site and one of the recommended conditions that were tied to that time extension was the requirement that each buildable lot have a tree added to it, so that we make up for the trees that were lost with the down turn in the economy. Also at that Meridian City Council November 5, 2014 Page 17 of 62 hearing numerous neighbors came out and testified about flooding on the property, weed control, and, then, also there was some arborvitaes along the south boundary that many of the neighbors there was abatement or invasion of beetles on their property, so we wanted to make sure those were removed. Council actually continued that time extension and gave staff time to work with the developer and their adjacent property owners to sit down at the table, come up with some conditions, and bring forth some recommended changes or some recommended conditions. What came from that is the developer actually came forth with a letter committing to removing the trees, the arborvitaes and mitigating flood issues on the property and that consisted of installing a new weir box and tiling all the existing irrigation ditches on the property and that -- all of that work has been completed for the approved time extension. In 2004 -- or 2012, excuse me, the developer came forth again. At that time staff did recommend additional conditions, one to comply with the new surety -- warranty surety standards and also our new street lighting standards. Again, at that hearing some of the neighbors did come out and complain about the weed issue on the property. The developer committed to making sure there was still regimented weed control on that and those conditions, again, were tied to that third time extension in which you acted on. Staff has gone through all of the previous approvals for this project, looked through all of those time extensions and we would comment that adequate conditions are still in place in order to recommend approval of this project. Staff did receive written testimony from the applicant and they are in agreement with the staff's recommendation for approval. Late this after -- or yesterday afternoon and this afternoon staff did receive some written testimony from adjacent property owners who have raised some concerns for you to consider tonight as you deliberate on this time extension and one of those members are in the audience. The first gentleman, his name was Carl Patten and he's just concerned about the issues regarding infrastructure, more traffic on the roadways, and, then, Kathy Peterson is also here to talk about some potential flooding issues. As far as those two issues in dealing -- talking with those adjacent neighbors, staff is not aware of any outstanding issues to bring forth to you and as I mentioned to you we are recommending approval of the one year time extension. This concludes my presentation. I will stand for any questions you may have. De Weerd: Thank you, Bill. Any question from Council at this time? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Well, you don't look like Kent Brown. McKay: Well, substitution. De Weerd: Okay. Pinch hit. McKay: Becky McKay with Engineering Solutions. 1029 North Rosario, Meridian. De Weerd: Thank you. Meridian City Council November 5, 2014 Page 18 of 62 McKay: Madam Mayor, Members of the Council, I'm representing Viper Investments on this time extension. As Bill indicated, this is the fourth time extension on this particular project. We have made progress on it since it was originally approved -- the plan approval and final plat since 2008. We did go through and we updated our construction plans last year, got them reapproved by all the applicable agencies and as Bill indicated there was an issue with an overflowing irrigation box and water backing up in a ditch on our property, which was causing some flooding into the Hightower lots and my client did hire a contractor, we got approval from the Kerns Lateral and prior to the irrigation season of 2013 as promised we did go in, rework the box and pipe that facility. We are only asking for one year, because it is the intent to begin construction in this spring of 2015. So, this will be the end of the time extension. They are ready to build it. In fact, they were intending on starting this fall and they just had too many projects under construction and not enough project managers and construction managers to go. So, that was the cause of the delay. We are in agreement with all of staff's conditions and, like I said, we just need a little bit more time and we will build this out. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Becky, the preapplication notes makes reference to a neighborhood meeting to be done before the application was filed. Do you know if that was done? McKay: Yes, sir. Borton: Okay. Did you do that or -- McKay: I did not. Mr. Brown handled the neighborhood meeting and I got -- I did receive a summary of the neighborhood meeting and a list of the participants. Borton: Okay. Can you share with us what the summary was? McKay: I believe there was -- obviously, homes have been constructed that were not there at the time that our project obviously came through and there were some concerns about -- that this will add traffic. There were concerns about I believe densities and, then, other issues were brought up about wanting to make sure or at least concerns that the quality of the structures esthetically would not meet what the -- the elevations that are tied to the project and so those were the primary concerns that were mentioned at that neighborhood meeting. We -- as far as my client is concerned, we are still tied to those elevations with the architectural features that are shown and in my discussions with him he's indicated that that is the product that he's going to build or some -- something substantially in conformance with it and Bill has added conditions that design review will be applicable to any plans that are brought in. Meridian City Council November 5, 2014 Page 19 of 62 Borton: Madam Mayor? De Weerd: Uh-huh. Rountree: Just a real quick follow up. Did you get some conclusions from -- maybe the report from Kent that the concerns were alleviated through the meeting and the discussion or were some or all of them left unresolved? McKay: There was kind of a mix up, Councilman Borton. We have done -- we started the project initially. I worked with the neighbors. In fact, we deferred it for months while we worked to redesign to -- to show some transitioning from Jericho -- the single family on Jericho and, then, we did all the design and the time extensions and the -- what is it -- I'm trying to think of the name of the company. Trilogy. Trilogy Development is the project construction manager and they decided that they would just put the -- do the time extension internally and so they sub'd that to Kent and so when he attended the neighborhood meeting he had no project history, was not aware of why -- you know, why the design reflects the variety of housing typology that it does, the neighborhood center, and so it was kind of a misstep on their part. Once the neighbors showed up and were, you know -- and they were kind of caught flatfooted, they said would you, please -- you know, we made a mistake, we shouldn't have tried to do this internally, will you, please, take over, because you have all the knowledge and history on the project. So, a lot of the people that signed -- you know, signed in I dealt with over multiple years with the irrigation issues and so forth. Mr. Bolinski was one of those that I worked with. Borton: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, are there any other elevations? Because you have got -- bring up the plat, would you, Bill. On the east side you have extremely large lots. McKay: Those are single family. The transitional detached single family. Yes, sir. Rountree: Do you have anything in terms of visuals? McKay: I believe the only -- the elevations that we submitted were for the attached product and, then, the alley load detached. Boy, I -- it's been so many years. If Bill says he doesn't have it, I'm not sure if I do. Rountree: And, then, you have got single family lots on the south. McKay: We have single family lots -- yes. Rountree: On the west as well? Meridian City Council November 5, 2014 Page 20 of 62 McKay: The west is -- the west line -- yes, those are -- these are single family detached and I believe these are supposed to be larger homes transitioning from the existing homes that lie along the east side of Jericho. De Weerd: The larger homes don't have the detail of the elevations. McKay: They don't. Parsons: Yeah. Madam Mayor, Members of the Council, the elevations that I'm representing to you were the ones that I pulled out from the original application submittal and these are what are actually tied to the plat process. There was not a development agreement tied to this property when it annexed in, so the plat is really driving the design and the elevations for this project. Rountree: Would it be -- Madam Mayor. Would it be wise to get a development agreement, beings we have done this maybe the fourth time? Parsons: Madam Mayor, Members of the Council, we have done it with other time extensions, but certainly it's within your purview to require that. But I guess I would defer to Bill Nary, since we didn't get one with the annexation and the platting, can we require a DA with the time extension? Nary: Madam Mayor, Members of the Council, you can't require a DA. They could consent to a DA, but you can only require it at annexation or a rezone. If you felt that was important enough to grant the extension, then, that's up to the applicant on whether they really want the extension. De Weerd: Okay. Any other questions? McKay: Madam Mayor, Councilman Rountree, I guess, you know, we could defer this item this evening and I could go back to my client and have him provide me with elevations of the single family dwellings with front -on housing that are intended along Jericho and internally, submit those to the staff and, then, come back -- bring those back to the Council -- Rountree: That would be my preference. McKay: -- and make sure those are acceptable and, then, tie them to this time extension, along with the existing two elevations. If that would make you feel more comfortable. Rountree: Is the time on the time extension getting critical or do we have some -- McKay: No, sir. Rountree: Okay. Meridian City Council November 5, 2014 Page 21 of 62 McKay: No, sir. We just had to submit by a particular date, but as far as Council approval, that doesn't matter. Rountree: Okay. McKay: So, it's not like we are under the gun. De Weerd: Okay. If there is nothing further -- Rountree: That would be my preference to see what we are going to get, which is what we get with all plats now, so -- do we need a motion or -- and maybe it's good to hear from the folks, because they can take care of some of those issues as well. De Weerd: I do have a number that have signed up. When I call your name -- and that's only if I can read your printing and if I can't read your printing I might have to ask -- maybe help with interpretation of your printing. So, Jackie Ball signed up against. If you would like to provide testimony when I call your name you can come forward. If not you can just nod that it has been entered into the record that you signed up against. So -- thank you for joining us. If you will just state your name and address for the record. Ball: Kathy Ball. 6108 North Saguaro Hills Avenue: De Weerd: Okay. You want to pull that microphone -- thank you. Ball: Is that better? De Weerd: Yes. Ball: Because we can't hear you very well back there either, so -- De Weerd: Okay. So, Council, if you will make sure you pull the mike to your -- as close as possible. We don't want to hear you breathe, but -- thank you for coming tonight. Rountree: It might be a good sign. Ball: I did not plan to talk, I planned to come and support, but I have been there since May of 2010 and I was involved in the flooding. The water did not come up on my property, it came to it, and I'm off Saguaro Hills and it has been taken care of, granted. But it -- 2009 is a long time and there are established homes and many, many people and lots of cars and adding this many more homes in a small area with only two ways out on Chinden and on Locust Grove, and it goes into another subdivision, we already have five subdivisions using Saguaro Hills Avenue and I can't remember all the names, but they are all Saguaro somethings -- or spring somethings. And to add that much more traffic would be a tremendous impact and I really don't know what else to say, other than I just don't think it's safe. Meridian City Council November 5, 2014 Page 22 of 62 De Weerd: Thank you, Jackie. We appreciate you being here. Kelly Ward signed up against. Thank you, Kelly. If you will, please, state your name and address for the record. Ward: Kelly Ward. 1241 East Commander Street. De Weerd: Thank you. Ward: I live kitty corner from the development in the Reserve and so there is Hightower, Saguaro Hills, Arcadia, and Reserve all centered -- and some free standing homes centered around this plot. Based on the people that I have talked to -- I built my home a year ago, not knowing what was going into that -- to that development. Probably shame on me for not checking it out. But what I do know is that this plot plan -- excuse me. I'm fighting a little cold. This plot plan was originally developed five, six, seven years ago and we were told at the meeting -- the neighborhood meeting -- and just to set the record straight, there wasn't one person at that neighborhood meeting that was in favor of anything that was going on there. Everyone was against it, so -- but we were told at that neighborhood meeting that the original plan had had a traffic study done and also had a water study done and also that there would be a stop light installed at -- what's the name of that street? Right by -- where it comes -- anyway, where Jericho winds around and comes out onto Chinden. So, it's between Locust Grove and Meridian. Where that coffee place -- there is a coffee place and a Citadel Storage -= Rountree: Saguaro Hills. Ward: Saguaro Hills. We were told that a stop light would also be installed there. If you can imagine 60 new units going into this neighborhood with the only access out of it is to Chinden, which if you have been on Chinden at 8:00 o'clock in the morning it's backed up to Linder. Or out -- out through the Reserve, through Commander Street to Locust Grove. If you wind clear up through Saguaro -- Saguaro Canyon you could get out to Meridian. It would take you a while. So, it's our feeling that -- at least it's my feeling -- and I know several of my neighbors -- that this development was planned way before the things that have happened in Meridian happened and it needs to be redone, redeveloped, rethought, to put 60 -- we are putting single family homes on 7,000 square foot lots when you got half a million dollar homes on one acre lots right across the street. So, it's just -- it just seems, you know, out of place first with the other homes and the other areas that are there, so -- thanks. De Weerd: Thank you. Colleen Delgato? Signed up as neutral. Did I get that right? Oh, see. Sorry. If you will, please, state our name and address for the record. DeAngelis: My name is Colleen DeAngelis. I live at 6203 North Maximus Place in Meridian. De Weerd: Thank you. Meridian City Council November 5, 2014 Page 23 of 62 DeAngelis: I'm new to the area. I'm just here three months now and I am -- actually, where I'm located is just opposite the farm. Actually, I look at the barn every day as soon as I go out my front door and I'm not too familiar with what's going on with the development, this is the first that I'm hearing, okay? My concern -- immediate concern is the barn, the garage also there, and a house that's abandoned. It also has access to children and they are starting to squat in that barn creating their own little houses made out of cardboard and I'm concerned -- I'm concerned that either they are going to get hurt, start a fire -- my house is right there. I'm a little concerned. A lot concerned. So -- and what I am hearing now as far as the development, that is also concerning me, too, that it is going to be almost like a major little city there. I'm coming from New York City, I understand about congestion, and, quite honestly, just living there three months now I have learned to go out back ways from there, because you cannot get on Chinden. I mean it's like torture to get on Chinden. I mean if you're going to make a left, forget about it. You need to go around the merry-go-round. Either you come out on McMillan or you come out on Locust Grove, but it's crazy. It's crazy. So, either they scale it down -- I don't know as far as that area, but, like I said, I'm coming to you -- my main concern is we have a hazard there right now and either it's -- there is going to end up a fire, a child is going to get hurt -- we had that windy day -- a really windy day several weeks ago and it has one of those sliding doors on the barn -- this thing was flying up into the air and I kept on saying, dear God, please, don't let that come off and hit my house. I mean we are talking about a major problem here and I really would appreciate either they just level that barn already and as far as the house, if you have to just board it up good board it up, whatever you have to do, because there is kids going in and out. I hear voices. I see -- and it's not a good thing. De Weerd: Well, I think we have a representative from our police department that can make sure code enforcement looks at it and certainly we have representatives from our building department that are listening with attentant ears, so thank you for your comments. DeAngelis: Thank you. De Weerd: Betty Eckenrode. Okay. Thank you. She was signed up against. Now, who might have signed up after Betty? If you would like to provide testimony? Well, good. I'm really anxious to hear what your name is. Marsh: It's signed on there. It's John Marsh. De Weerd: John Marsh? Marsh: M -a -r -s -h. De Weerd: Thank you so much. Marsh: I'm at 1264 East Commander Street and we had our house built there in July and moved in. I found out a few facts that I didn't know prior to this meeting. There was a meeting held by I think Ken Brown, a little neighborhood meeting, talking about the Meridian City Council November 5, 2014 Page 24 of 62 Jericho Subdivision and he, basically, stated that all of the elevations would match exactly the homes existing across from Jericho, which are fairly expensive home. Those are one acre lots. There is probably five or six homes in that area. Now, we come to find out tonight that that original development plan and those elevations are from 2009 and that's actually not the case. So, that's one of my concerns that the existing properties there are not going to match what's currently proposed for that area. Up until about a year or so ago -- as you can see here Commander Street didn't connect onto Jericho and right now we have a lot of traffic problems on Commander Street, because everybody from the Hightower, the Arcadia, Saguaro Hills, Saguaro Springs, is going to go down Commander Street to get onto Locust Grove to go to the light there at Locust Grove and Chinden and to reiterate what everybody has said, the limited access out there is really causing a problem, because if you try to go to Chinden there on Saguaro Hills Place, if you get out there 7:30 in the morning until 9:00 o'clock in the morning or if you're out there around 4:00 to 6:00, it's a nightmare. It's a traffic hazard and there is going to be a serious accident there, because everybody that's tried to make a left turn is trying to negotiate the traffic coming from the east and the west side and, then, the people, obviously, coming out from the other side -- the north side of Castlebury also creates a problem. Since this plat was originally proposed I guess back in 2009, there are a number of more homes that have been built in the Reserve area, in the Hightower, in the Arcadia, in the Saguaro Springs, and the Saguaro Canyon area and we found out that the majority of the homes in here were R-15 zoning, which is high density -- medium high density. So, I -- I can't imagine what that's going to do to the amount of traffic that it's going to Out on those two streets if we add another 65 homes in that one area of eight acres there. So, those are my major concerns. That it needs to be looked at. I'm not in favor of granting the extension. It's my understanding if the extension is not granted the developer has to go back, resubmit all of its plans and bring them all up to date and I think it's the consensus of the neighborhood and at least my neighbors that I have talked to, that that needs to be the minimum that needs to be done, because this plan is five or six years old and there has been substantial -- substantial changes in that area. So, I'm definitely not in favor of the extension. So, thank you for your time. De Weerd: Thank you, John. Council, any questions? Rountree: I have none. De Weerd: Thank you. Greg Young. Okay. Signed up against. Is there anyone else in -- that would like to provide testimony? Come on forward. Thank you. If you will, please, state your name and address for the record. Peterson: My name is Kathy Peterson. I'm with Peterson Investments, LLC. I live in the subdivision of Saguaro Canyon, which is next to the Hightower and I owned a home in Hightower as an investment property. De Weerd: Thank you, Kathy. Meridian City Council November 5, 2014 Page 25 of 62 Bird: Yes. I'm here today to ask for some assistance for some water testing of the ground in Hightower and of the adjacent area, which is now going to be Jericho. I am concerned because my investment property had flooding problems in the backyard. The flooding was actually existing before I purchased in July of 2013 and it was just not disclosed by the builder or by the realtor and I felt a real urgency after I got my tenants in there to make sure that after I had that one year warranty to make sure that I got this situation remedied. I did strive to do all I could to make that happen. I was delayed greatly. My tenants moved out in March of this year, because he lost his job, so the couple left. Before they left, though, they were very concerned, because they had had little grandbabies, like two and three year olds out there and that standing water was a hazard. It was also scary for them. I didn't want any accidents or more mosquito problem. I did have through the builder -- one drain was placed in, it was one foot deep. I thought that was going to solve my problems. I was hopeful. But it was not solving the problem. Again, I had the HOA in the subdivision assist me, along with a realtor who was a board member, and at the time I thought, okay, I have through July of this year to remedy this through my warranty. I'm hoping that all goes well and I was once again -- they put in a three foot drain. They ended up paying for that one as well, but it just wasn't sufficient, Madam Mayor. What it was is -- it was like putting a Band-aid on a gushing wound. It just didn't hold it. And it wasn't solving the problem. I requested for some assistance. I went through the HOA, because I feel -- and other people that are residents that I have been in contact with and I do have written statements -- and many will give testimony if need be -- that there is overwatering in my opinion and others -- that the HOA overdoes the watering, which adds to and basically makes this problem even worse. The grading is off in so many of the homes that the builder -- and he is also the developer, the grade has not been conducive to helping us to make sure that the water problem was taken care of. When I purchased the home, like I said, it was never disclosed to me and yet here I have a realtor in the subdivision that is on the board and he sold me this house and I trusted him and his company, basically, his real estate company and I feel cheated, in my opinion, I feel like a victim of fraud. I had to -- because the -- because the remedy wasn't taken care of, I had to pay for my own drain and they had to go this time eight feet deep and have side drains. I had to go down on the reducing of my house price, because I put it on the market in May and the market was up. I had some comparables, but my realtor -- if I may show you this top picture here. This is my realtor's foot, okay? And so what we have here is on a daily basis this water will appear, whether it is water, you know, like your regular watering cycle or not, it would show up and, then, it takes a few hours to dissipate and go down. De Weerd: That was in your backyard? Peterson: Yes. It's in the backyard. All along the fence. And, like I said, when I toured the house to purchase, unfortunately I mean for me -- because it was never given to me in written or verbal statement, I never visually saw this. And so I feel like I was conned. I really do. And the bottom one is the day that I had one lawn -- I had Diamond Lawns, I had them come forth and I paid them 2,400 to do a French drain and when they were digging -- and I was watching and taking these pictures -- these are some more pictures, if I may. This is the day that they are doing the work. It took two days to finish, by the way. Meridian City Council November 5, 2014 Page 26 of 62 And I had -- I had to -- like I said, watch them suck the water out and it is -- the water was turned off for a couple of days and my neighbors weren't watering. De Weerd: Mrs. Peterson, can you summarize. Peterson: Yes. Yes. De Weerd: We do have your written testimony as well. Peterson: Okay. Thank you. Thank you. My summary is this: I not only am a dissatisfied person that had losses due to this water issue that I feel is a combination problem, but I would like to request you council members as well, Madam Mayor, please, ask for some -- some testing of the groundwater. Please look at those pipes for broken pipes or leaks. I have people's testimony and their pictures as well as if you need to see them, where I took photographs of their problem. Some have spent 3,400 on drains. Some of it had gotten into their crawl spaces. Some of them are elderly people, which my heart goes out to them even more so, because I feel that they are even on a fixed income and many of them -- this has taken money and time out of their pockets. I have even gone yesterday -- De Weerd: Mrs. Peterson? Peterson: Yes. De Weerd: I'm sorry to cut you off, but I will have someone from our building department follow up with you. Peterson: I would appreciate for the sake of others and for my -- I did sell the house, but I just feel awful for what I have gone through. De Weerd: Thank you. We appreciate that and we will need to -- if we could have your display, so we can use -- Peterson: Yes, you may. I will leave it. And if you need further statements I have them. Or further pictures. De Weerd: Okay. Thank you so much. Additional testimony? Okay. Council, you have heard the testimony from the public who have joined us this evening. You have heard from the representative from the -- the applicant. We are looking for your direction. Mr. Cavener. I just want to know if you have any questions or comments and, then, I will ask Becky up to wrap it up and -- McKay: I will be very quick. Just wanted to address some of the statements that were made. As far as the traffic in this area, I mean ACHD and the city -- it was their intent to close Jericho Street and distribute traffic in different directions from this section out to the arterials. As far as density, this is designated as a mixed use neighborhood center. The Meridian City Council November 5, 2014 Page 27 of 62 -- it says minimum number of lots -- minimum number of units per acre is eight. We struggled -- we ended up at 7.14. We couldn't even meet the minimum. The staff thought that was acceptable, because our net was over eight. That traffic as far as the way they have designed the section, that's -- it distributes through these different neighbors and eventually we are going to see improvement out on Chinden Boulevard according to ITD. They are also trying to obviously establish some of the signals to allow easier left-hand turns and create some gaps in the traffic, so they can get out to the state highway system. This project took months and months of negotiations, working -- as far as the guidelines that are applicable to the development of this property, nothing has changed. It still requires a minimum of eight dwelling units per acre, a variety of different housing types, front load, alley load, MEW lots, attached, detached, everything that we did. And we worked with the neighbors that were there on the acre lots. For three months we had roundtable discussions and with your staff and everybody was satisfied and they were supportive of the development. So, really from the time this was approved to today nothing has changed as far as what is expected for development on this particular property as far as your Comprehensive Plan land use map. So, even though this is an old -- you know, this is years old, it's still applicable to today. As far as the barn, garage, and home, it needs to be demoed. It is an attractive nuisance. That's why the client is moving forward. They have looked it up multiple times. You know kids, they like to build tree houses, having little areas where they can do whatever. So, obviously, with development of this property we will eliminate all of those existing structures. The water problem -- we monitored the water out here for over a year and the high seasonal groundwater is at 13 feet. In talking with your staff about the concerns or problem associated with Mrs. Peterson's property, it's not related to my client. My client wasn't the builder. My client wasn't the developer and your staff indicates to me that it is a drainage issue where lots are sloping to a particular area and, then, the water is congregating on her property and, then, over -irrigation of the turf by the HOA is accentuating that problem and you're getting -- it's a nuisance problem that there is a couple of factors, it's not a groundwater problem. And I will assure you that as far as when we -- when we develop this we have to keep our drainage -- lot drainage on site, we will not be draining or creating any additional problems for the adjoining properties. Thank you. De Weerd: Council, any questions for Becky? Bird: I have none. De Weerd: I guess, staff, I would have a question. I know during the downturn we saw a number of extensions and there -- the Council was sympathetic to it, because of the economy. How many times -- how many applications have we extended their time four times? Parsons: Madam Mayor, Members of the Council, I can only recall a couple from my experience. One was Ambercreek and the other one is Jericho that's before you this evening. The majority of them either expired or the applicants have come forward and moved forward on their phases. A majority of those time extensions expired in 2008, 2009. Not only for the reason of the economy, but also I believe the planning director at Meridian City Council November 5, 2014 Page 28 of 62 the time came forward and asked you -- required -- imposing more open space consistent with our ordinance and a lot of the developers didn't like the requirement and they had their approvals with five percent or six percent -- six percent open space like this project did and they weren't willing to give up that additional open space or even come forward to Council on that and that's why staff did recommend denial of this the first time it came forward, because they didn't want to comply with the directive that we received from you. But that was vetted through the public hearing process. I think Mrs. McKay hit on some very key points to you. If this expires we are going to be looking for something similar to come back before you just based on the way we have it designated in our Comprehensive Plan. We are looking for density -- typically with our neighborhood centers we do have commercial at the core and, then, as you transition away from that commercial we are anticipating higher density following into that lower density. In looking at the public record for this property, Mrs. McKay is absolutely correct. Those neighbors that lived on the one acre lots did want that transitional zoning and that's why they worked with the neighbors to come forth with that R-4 zoning on that west side of Jericho and that's why you see the split zoning of the R-4 zone, going into the R-15 zone and also staff did push for the mix of the townhomes and the single family homes moving forward. As Mrs. McKay indicated, with that designation in the Comprehensive Plan we do want a density ration of eight acres -- or eight units to the acre and she's absolutely correct, we have worked with them, they worked with the neighbors and what came about was the plan that's still alive today based on what you approved in 2006. De Weerd: I guess there is a reason, though, for the -- the expiration based on -- there is a lot that happens around there and most of the people that participated in the public process or the extension each time probably don't live there any longer and therein lies some of the reasons for those time extension -- or time restrictions on the plat. Council, any discussions, questions for the applicant? Any of the residents that testified or discussion items? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just curious when the most recent ACHD report was done. Parsons: Madam Mayor, Members of the Council, ACHD does not act on time extension applications, so at the time that this came forward would be annexation and the preliminary plat approval. So, you're looking at 2006, 2007 is when they provided comments: Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To Council Woman Milam's question, one of the conditions -- I think it was -- Meridian City Council November 5, 2014 Page 29 of 62 De Weerd: Can you pull your -- Borton: One of the conditions of approval there in the staff report under the ACHD conditions usually requires them to sign off and consent to any changes of those conditions within the staff report. So, if the change of the date to which plats are due, the change that might trigger ACHD's review, because really what we are getting at is -- when we get to four or five years down the road it might be worthy of a second look to receive comment. Is that ever done? Parsons: Madam Mayor, Members of the Council, not to my knowledge. But as Mrs. McKay stated, construction drawings are -- do have an expiration date on them and I know for the city it's one year. So, she came through a year ago, got those construction documents approved, ready to go to construction. The same thing applies to ACHD. They have to go and get those construction documents approved. In this particular case the road network isn't changing, so I don't see where there is a substantial change to where they would have any comments on -- on keeping it alive. I don't believe they have an expiration date on preliminary plats, but I imagine they do on construction documents, just like we would. Borton: Okay. Thank you. De Weerd: Okay. Anything further from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We don't necessarily need to close the public hearing. I am not and have not been a fan of time extensions, although I appreciate the applicant's presentation of the specific basis for this request. But I think Councilman Rountree brings up several good points, one of which for me I'd like to see is the elevations on those other lots and to the extent that the applicant's comfortable with a brief delay to allow them the opportunity to do that, I'm comfortable with that. It doesn't seem like a prejudice is there, development, and might give us some time to consider this further. De Weerd: And give our staff time to go out and look at our attractive nuisance as well and see what mitigation can be done between now and then. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue public hearing TEC 14-006 to November 18th, 2014. Cavener: Second. Meridian City Council November 5, 2014 Page 30 of 62 De Weerd: I have a motion and a second to continue this. Any -- Bird: Madam Mayor? De Weerd: Yes. Bird: The continuation is so that we can get elevations back on -- on the desired locations what we asked for. De Weerd: It's been moved and seconded to continue this. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I would ask -- and I know -- I seem to recall the last time we had a public hearing we learned from the neighbors about other negligence on this piece of property and I know the applicant's representative was very surprised by the comments that they heard. We are surprised again. And so, if you can, please, work, Becky, with code enforcement and our building department to secure that -- any structures and make that safe, because attractive nuisances do attract the curious and the adventurous and we need it to be safe. So -- between now and then we would like assurance that it's been taken care of. So, thank you. C. Public Hearing: AZ 14-011 Jump Creek by Northside Management Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Annexation of Approximately 86.06 Acres from RUT in Ada County to the R-8 (Medium Density Residential) (64.63 Acres) and R-15 (Medium High -Density Residential) (21.43 Acres) Zoning Districts D. Public Hearing: PP 14-013 Jump Creek Located Northwest Corner of N. Black Cat Road and W. McMillan Request: Preliminary Plat Approval Consisting of 318 Single Family Residential Lots, 2 Multi -Family Lots and 42 Common Lots on Approximately 85.9 Acres in the Proposed R-8 and R-15 Zoning Districts De Weerd: Okay. Item 7 -- or 8-C and D are public hearing on AZ 14-011 and public hearing on PP 14-013. 1 will open these two public hearings with staff comments: Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Jump Creek project. The site consists of 86 acres of land currently zoned RUT in Ada County and is located on the northwest corner of West McMillan Road and North Black Cat Road. The property is surrounded by The Oaks development -- Oaks North development, which is located on the north and the west boundary, zoned R-15, R-4 and R-8. Across -- on the east side we have Black Cat and, then, two large developments Meridian City Council November 5, 2014 Page 31 of 62 known as Bainbridge development and Volterra development, which are zoned R-8 and R-4 in the city and, then, along the south boundary is West McMillan Road and the Oak Creek Subdivision, which was platted in 2008, 2009 and it's currently zoned R-8 in the city as well. The Comprehensive Plan for this property is designated medium density residential, which we anticipate densities between three to eight dwelling units to the acre. The applicant is here tonight to discuss annexing this property with a mix of zoning designations and on the proposed preliminary plat I have highlighted the zoning designations and blue here would represent the R-15 district boundaries and the remainder portion of the property would be R-8 consistent with the surrounding developments. Also what I have tried to -- the application is also proposing a mix of housing products, traditional single family homes, and, then, we have some MEW lot or alley loaded homes here and, then, in the northeast corner of the development and the southeast corner of the development the applicant has also conceptually drawn in some multi -family development, which will come before the Planning and Zoning Commission through the conditional use process. The single family lots entail 1,388 -- 1,318 single family lots, two multi -family lots and the plat has 42 common lots. Here is the -- kind of an overall view of the development showing you how the interconnected pathways and the open space will blend together. As I mentioned to you, again, 86 acres. Here is the proposed street network. The applicant is proposing three connections to Black Cat Road. The central access has been approved by ACHD as an interim access point until such time as the collector network is constructed to this intersection -- the first intersection. Another access point is also proposed along Daphne, which is consistent with the roadway across the other side of Black Cat Road. When The Oaks Subdivision to the west along this boundary came in there were three stub streets that were stubbed to this property. The application is proposing to tie into that street network along the west boundary and also the north boundary consistent with that approved preliminary plat. And, again, this would be the collector roadway, which is anticipated by ACHD as indicated on the master street map. So, this does align with the street network approved with the Volterra Subdivision to the east and also ties in with the subdivision -- the subdivision to the west. Open space for this development does consist of approximately 13.59 acres or 15 percent open space. The applicant is proposing open space as far as two large passive open space lots that transition from the north and move down to the east. The amenity package includes three tot lots, one to the north, one central to the development and one located on the south. Again, with an integrated pathway system that extends from the Oaks North development on the north and on the west and transverses northward through the south -- to the south and ultimately connects to not only the required entrances on McMillan Road, but also Black Cat Road. When the Oaks North development came in they were required to provide a ten foot multi -use pathway along the south boundary of the collector road. The exhibit before you this evening does include the ten foot pathway that ties into their pathway network and ultimately ties into the Volterra Subdivision to the east, which will also provide connectivity to the future school site planned between both the Volterra Subdivision and the Bainbridge Subdivision. The applicant has provided a plethora of elevations as I mentioned to you. Here is a perspective view of the traditional single family lots. Again, that would be more north and central to the development. Here is a collogue of elevations that they are proposing for the development. Again, you can see there is a mix of materials proposed Meridian City Council November 5, 2014 Page 32 of 62 for this development. Staff has a DA provision that requires compliance with the DA and I will go through these very quickly, because there is quite a few -- quite an abundance of elevations proposed for this development. Here is a perspective from the alley loaded product that would be fronting on those MEW lots on the southern portion of the development. The applicant wants to make sure to convey to you that these houses will have a mix of elevations -- or building materials on them, so they are not all sterile and stagnant to build that sense of a neighborhood. Again, here is a collogue of what they are proposing that would face the MEW or the alley loaded product. And, again, there is sample elevations here and if there is something here that the Council does not want entered into the development agreement, staff asks that you convey that to me in your motion. And because of the amount of property involved and the annexation and scale and scope of this project, we are recommending a development agreement with the annexation of the property. I would also mention to Council that ACHD's commission has approved the staff report and so the street network that's presented to you this evening is consistent with policies and the appropriate conditions are in place to construct that roadway network. So, here are staffs recommended DA provisions for you to consider tonight. Typically what we have been doing for the Council is requiring that any homes that front on the collector road or an arterial street provide a mix of material and modulation and articulation in fagade and so that standard condition is reflected in the DA, which would be along that collector street and, of course, Black Cat and McMillan Road moving forward. Staff has placed a condition on this project that they develop the site with 15 percent open space, which is above what the code requires and, again, that is what the applicant is proposing this evening. There is 12.89 acres of open space, to include the tot lots, the interconnected pathways, the ten foot multi -use pathway and the five percent additional open space. Because of the timing and the nature of this development and the site and scope, staff wanted to make sure that there was some active -- or some passive open space and appropriate amenities in place as they move through the phasing on this project, so what we have tried to do is tie some amenities and some open space with certain phases. So, one tot lot and the passive open space would be built with -- and this would be the central tot lot that I had mentioned earlier would be with the second phase and, then, with the fourth phase it would be the other tot lot on the southern portion of the development. Also as we have heard from Council on a regular basis, as I mentioned previously in my presentation, there is an elementary school planned for the Volterra Subdivision across Black Cat and so we want to make sure that we get adequate pathway network or sidewalks in place to get to that future school site. So, this was -- with this development -- and as it was vetted out at the Planning and Zoning Commission, staff did require that the entire -- the sidewalk be extended from the north side of Daphne Street all the way up to the collector -- collector network -- collector street at the intersection and, then, ultimately, cross over into the collector street with the Volterra Subdivision. During the Planning and Zoning Commission hearing the Commission modified staff's condition and required a portion of permanent sidewalk, but, then, the other portion of the sidewalk was allowed to be an extruded curb and, basically, an interim sidewalk on the west side of Black Cat Road and I will go back to that exhibit and explain this provision a little bit further, but I just want to get to these provisions first. As I mentioned to you, there is nothing planned for the multi -family development at this time, only zoning is proposed. There were no elevations proposed with that -- with those two particular lots as well and Meridian City Council November 5, 2014 Page 33 of 62 so any -- any future development would have to go through that conditional use process and because we are unsure of that density and we want to have that multi -family included as part of this development, we are recommending that a minimum ten feet be established on those two lots. So, we are recommending that a minimum of eight be constructed and a maximum of 15 moving forward. And, then, of course, as ordinances change we want to make sure that those final plats comply with our current ordinances and the last provision goes back to that central access point that ACHD approved. Again, staff wasn't keen on having those three access points to Black Cat Road, although what we tried to do is work with ACHD to come up with a solution that we could all agree with. And so staff's recommendation -- even though there is going to be that central access point, we want to make sure once that collector road is built that that access is bollard off and, essentially, becomes a 25 foot wide pedestrian access in an emergency access and that would, essentially, happen with the approval of the first phase or the final plat or 123rd residential lot. So, if I can step back here really quickly and try to explain these real briefly for you and get onto what P&Z acted on for you. So, currently you can see my exhibit here, I have the pathway network or the five foot detached sidewalk along Black Cat identified in yellow here and that's, basically, the phase one boundary. That would be the permanent sidewalk constructed with the phase one. What P&Z recommended for you was that this brown segment that I have highlighted here, that would, essentially, be an extruded curb and a five foot interim sidewalk along the shoulder of Black Cat Road until phase two came online and written testimony that I received from the applicant, he was asking that Council actually strike that provision and just request that this segment of sidewalk be constructed with the second phase of development consistent with their phrasing plan. So, this -- the applicant is proposing six phases for this development. Primary phasing would, again, start at this Daphne intersection, the south -- south half of the project and, then, transition up in primarily this first east quadrant of the development and this would be the main access off the development until the collector street is built. So, the Planning and Zoning Commission did recommend approval at their P&Z hearing on September 4th. Mr. Noriyuki did testify in favor of the application. One of the adjacent neighbors across the way in the Black Cat Estates Subdivision, Max Steinbrett -- Steinbaugh testified on the application and staff did receive written testimony from Noriyuki in agreement with the staff report with the following modifications, that we would construct the entire collector road with the first phase and the sidewalk provision was also modified by P&Z. So, key item of discussion by the Commission at that time was, again, the timing and the construction of the sidewalk along Black Cat and between West Malta Drive and West Daphne Street. Timing for the construction of the collector road network -- Mr. Noriyuki also explained to the Commission his reasoning for his phasing plan and, then, Council -- or, excuse me, the Commission was concerned on how we were quantifying or verifying home elevations and these subdivisions came online and that was explained to them as well. So, the two modification changes at the Planning and Zoning Commission hearing again was DA provision number F and condition of approval 1.1 D, which allowed a portion of the sidewalk to be constructed with phase one and an interim sidewalk to be built with -- with phase one and, then, also, again, a portion of Malta Drive, the collector roadway, was also conditioned that it would happen -- only a portion of it would stop until the entire road network. Again, Mr. Noriyuki did submit written testimony and he is asking you to modify the requirement allowing the interim sidewalk along Black Cat and request that you extend Meridian City Council November 5, 2014 Page 34 of 62 that or allow that to happen with the second phase rather than the first phase. To staff's knowledge there aren't any other outstanding issues for you this evening. This concludes my presentation and I would stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you. On the subject of not having the sidewalk be continuous, I -- somewhere in the past my memory tells me that we used to have a requirement that perimeter landscaping and sidewalks and stuff had to be completed with phase one. Is that just for commercial properties or is that -- or am I not remembering that correctly? I thought the whole complete perimeter had to be done regardless of how many phases or -- Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, it's -- you have done it in the past with residential developments, but I think you're correct, it's primarily commercial developments where we get that if the landscape buffer is done in the easement. In this particular case there is six phases, staff felt it was more appropriate to get the pedestrian connectivity established and let the landscaping happen and based on the phasing plan and that's why we have recommended that, but there is nothing in the ordinance that requires all of that to go in with the first phase. Zaremba: Okay. De Weerd: Any other questions at this pint? Okay. Would the applicant like to make comment? You're good to turn that a little bit so the -- those in the audience can see that, too. Because we also have it in front of us here. Noriyuki: Madam Mayor, Council, Scott Noriyuki, Northside Management, 6810 Fairhill Drive, Boise, Idaho. De Weerd: Thank you. Noriyuki: Thank you. First of all, I want to thank staff. This is a big project, there were a lot of contemplations. We spent a lot of time looking at code, the comp plan and what we felt the market would bear and ultimately this is what we have come up with. I think we have achieved not only code conformance and comp plan, but we are putting in some pretty amazing amenities here as far as pedestrian connectivity, open space spread out. I realize this is a large map that you're looking at right now, but these open spaces are significant. We have got over 13 acres of grassland and within my design or our team design we tried to compartmentalize as much as we could to create open playing fields Meridian City Council November 5, 2014 Page 35 of 62 where peewee soccer or football or baseball could transpire or people could just generally run around, instead of having little strips of landscaping that's pretty, but very expensive and not usable. With that said I have had a handful of neighborhood meetings. I have also met with or discussed with the adjacent developers -- developer's representative Becky McKay to insure that we have adjusted our design to meet all of their stub streets, as well as their pathways. So, we are, if you will, mathematically accurate and everything is connected. We agree with one percent of the City of Meridian staff report, conditions of approval, as well as the ACHD revised staff report, aside from -- and I will get to that in a minute. I'm not sure what that sound is. De Weerd: Me neither. I wish I could turn it off. I just don't know how. Noriyuki: That said, a couple of different clarifications -- and I think Bill misspoke during his presentation -- that during the first phase we will not be constructing any portion of the collector, West Malta Drive. No disrespect, though. I just need to clarify we will build a portion of West Malta Drive following the 123rd lot. We will build it to the first intersection and that clarification is critical from a phasing and a fiscally responsible standpoint of how we need to progress with this project. At the point we do build that portion we will close down our -- this middle access point, if you will, and that's consistent with ACHD's staff report and we are going to be required through our final plat application. So, I feel very comfortable, but I just want to make sure you understand the dynamics of that. The one item that 1 want to discuss briefly is this sidewalk from our proposed phase one. The requirements put in a temporary sidewalk or pathway up to this projected collector. I'm struggling with it at this point, because I realize the Volterra project is approved. It has been approved for a lot of years and there is not a whole lot going on there. That road is not paved. It is a right of way. I'm curious to know the actual timeline for completion of the school that's proposed and, in essence, I view it as a hardship condition. I'm happy to do it on a phase by phase basis, but requiring me to do this has a couple of ripple effects. The number one is effectively we are creating a pathway or a sidewalk to nowhere. Number two, it's going to preclude us from properly irrigating the remainder of the property and I think it's pretty and responsible as we develop, but up until the point we develop we should keep the property under irrigation and ag. We should have the highest and best use for that land at that point and it's important. We have got significant trees and farm ground out there and by putting in a pathway like this it's going to upset our irrigation and, then, number three -- you know, I'm a little concerned about safety. Essentially we have got a pathway or sidewalk that's being proposed in ACHD right of way, which ACHD, first of all, has to approve and they have not approved this concept, if you will, of extruded curb added at the far end, then, adding on and we are going to have, theoretically, children or people walking between a significant irrigation structure Black Cat Road, that at this point still has a high speed limit. And to where? They are not going anywhere. I appreciate if there was an absolute connection or something. I could see justification. With that said, we are very proud of the project. I think I lost my mike, but thank you. And I will stand for any questions. De Weerd: Council, any questions at this point? Meridian City Council November 5, 2014 Page 36 of 62 Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There was a public comment that I didn't catch how it was resolved at Planning and Zoning. It was in the e-mail from Becky McKay concerning some of the components of this development and one of the questions and concerns she raised was the multi- family component at the southeast corner looks like an afterthought. A lack of cohesion with the overall plan. Minor design changes would allow for better integration into that project. Did that get addressed? Noriyuki: Yeah. Absolutely. And if you go in the minutes you will see my -- my retort or my comment. This particular area is the hard corner of Black Cat and McMillan. This is a significant intersection for the future of the City of Meridian and if you look at standard planning design concepts and transitioning from different densities, it goes without saying that multi -family very -- very high density in this area is what you want and this is what you do is you put high density on these corners. We very seriously contemplated the placement of our multi -family. You will note that I have got multi -family indicated in two areas. Those are at major intersections. The future -- that would be the northeast corner where the collector is going to be at the half mile mark, that's going to be a significant intersection in ten, 15 years for the City of Meridian and Black Cat and McMillan, it goes without question, within five years that's going to be a significant intersection. Hence, the conditions of approval by the City of Meridian and most importantly, ACHD within The Oaks approvals and Jump Creek approvals, there is a lot of off-site requirements. They anticipate this to be a serious, serious intersection and with that said that's the appropriate place to either have neighborhood commercial or high density. That's my reasoning for placing it there. Borton: Madam Mayor? Were there any specifics with regards to how that might be developed? Noriyuki: Absolutely not. Mind you this is a multi -phased project and I would say The Oaks project and Jump Creek are genuine trailblazers for this portion of Meridian. So, we need to -- we need to get a couple of years into this to ultimately decide what that multi- family is going to look like. It's going to be a market bearing item, as well as the adjacent parcels, what ultimately transpires with those as far as developer aspirations. That's why I have got it zoned at the R-15 and, then, of course at that point, as staff has stated, we will have to come forward with a master site plan and/or conditional use applications. So, that will be another public hearing, neighborhood outreach and oversight. Borton: Okay. Thank you. Noriyuki: You're welcome. Meridian City Council November 5, 2014 Page 37 of 62 De Weerd: I guess my question would be to staff. We have learned a lot over the years about these multi -family pads that are in mixed developments and kind of like the Jericho application before, they are forgotten. Do we in our -- in our ordinance require posting? Do we have requirements on having this in a master plan that's shown in their marketing materials? How do we make sure that people know if Council approves this moving forward, that at some future stage this is going to be apartments and those people are going to live in their backyards? I mean we get this every time. Parsons: And, Madam Mayor, Members of the Council, typically we have done that under the DA provisions. In this particular case we do not have that provision, but we can certainly make sure that -- we could add that as a DA provision that -- that that be included in marketing information just like we did on Coleman in The Oaks development, we had the same requirements. So, if it's Council's and Mayor's direction to do that, we can certainly add that language to the development agreement. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not only that, I'd like to see signage on those lots that's permanent to the point of development on each street facing and/or block facing side of the -- of the site, so there is no question what's going to Also add to it that the pavement; it's -- they are going to be graded and maintained, so if they do become weed patches at least they can get mowed, as opposed to being sites where additional overburden is stockpiled, as we have in several places in our community. Noriyuki: Agree. De Weerd: Any other questions for the applicant? And I apologize, that was a question to -- directed to staff. Noriyuki: That's fine. But I can answer as well De Weerd: Okay. Noriyuki: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Back to the center access point off of Black Cat. Noriyuki: Yes, sir. Borton: That will eventually be abandoned and bollard? Meridian City Council November 5, 2014 Page 38 of 62 Noriyuki: Yes. Borton: Was there any design of what that is to look like? Noriyuki: Yes. Absolutely. We got it planned for a conversion to a common lot that's approved through the ACHD staff report and the City of Meridian. At such point we build the portion of the collection that provides us that -- once again replacement secondary access point. Then we will shut that down, we will rip out the asphalt. We would plant it with sod, have plantings, and, then, put in a pathway and it becomes a common lot for the HOA and a pedestrian connection to Black Cat. Rountree: Okay. De Weerd: Anything further for the applicant at this point? Bird: I have none. De Weerd: Okay. Noriyuki: Thank you. De Weerd: Thank you. I have two people on the sign-up sheet. Max Steinbaugh signed up as neutral. Would you like to provide testimony? If you will, please, come forward. Thank you for joining us. If you will, please, state your name for the record and as well as your address. Steinbaugh: My name is Max Steinbaugh. My address is 4924 North Black Cat Road, Lot 1, Block 1. De Weerd: Thank you. Steinbaugh: The reason I signed up for neutral is it seems apparent that this is coming with or without our excitement. The heartburn issue is in the southwest corner. The issue that has been addressed earlier. Putting multiple family and/or townhouses, possibly duplexes, could be four-plexes. We don't have any idea yet as to what the developer plans. My issue is I have property right across the street. We have transitional areas. There are formats on how that is to be done. We are five acre, single family properties, and to transition from that to multiple families and/or townhouses; duplex, whatever, does not seem to be a wise use to the advantage of our properties and especially to put it out on the corner. We have alluded to the fact that's going to be an extremely busy corner. It doesn't seem like wise planning to stick that many -- and usually those homes are for people with -- that have younger children. That's probably not a wise use of that corner. Certainly is not a good transition plan. As far as the homes go, the reason I signed up is for neutral -- it's not an issue with the homes, it is just an issue with that many homes that close to that busy corner with no access to McMillan and now we are going to put the exit Meridian City Council November 5, 2014 Page 39 of 62 or entrance to a part of the subdivision off of Daphne, which is the road put in to service our subdivision, very narrow, not even quite passable for two vehicles. So, we have some issues out there as far as where they want to dump off their entrance -exit point. That road -- and we are also county, not city, so there is some issues there as far as city versus county. We did receive a couple of years ago sewer down the middle of Black Cat, but there is nothing down McMillan, so we do have some issues concerning their plan as far as that goes. Also there -- I don't believe there has been a comprehensive traffic study done and that's another issue. Black Cat Road is also a very narrow road. The fact that Idaho -- ITD decided to not make McDermott a through street in their infinite wisdom of moving the residents from Emmett to our city and you cannot do that. So, right now Black Cat handles almost all of that traffic, because they are not going to go two miles back to Star, they come down Black Cat Road. It almost looks like 1-84. You put this much stuff and put only one entrance -exit onto Black Cat it's going to become serious. So, those are some of the concerns that we have in our subdivision. I'm not only speaking for myself, but several members that could not be here tonight, they have other plans, so -- or had other commitments. So, there is what I have for you. De Weerd: Thank you. Council, any questions? Thank you, Max. Steinbaugh: Thank you. De Weerd: Ken Arnst. Orensey. Sorry about that. Bird: I'm used to that. De Weerd: Me, too. Most people just stare at my name and say Mayor Tammy and that's a good pronunciation. If you will, please, state your name and address for the record. Arendse: Okay. My name is Ken Arendse. I live at 4644 Daphne Street. De Weerd: Thank you. Arendse: Part of the Black Cat Estates. Madam Mayor and Council, thank you for your time. Our property is the northwest corner of Daphne and Black Cat Road. We have been there for 24 years. We do have frontage on Black Cat Road. We are one of four other parcels that have frontage on Black Cat Road and, then, there is another parcel immediately north of us, I believe it's seven or eight. So, from the corner of Black Cat and McMillan to the north, you have large parcels and, then, directly across the street we want to change that to an R-15 zoning medium high density and I'm sure -- apparently since it's made it this far it's been looked at, but I just -- I'm kind of confused as to how that can meet any kind of zoning transition. It seems like we have the cart ahead of the horse. I'm also curious why in this entire subdivision plan that those two R-15 areas as far as their zoning -- it's kind of left out there open field, like maybe there is a Plan C that they want to propose somewhere down the road. I'm not sure why that can't be kind of nailed down and I appreciate the fact that's been addressed here and questioned already this evening. And in addition to the comments that Mr. Steinbaugh made about traffic, whatever traffic Meridian City Council November 5, 2014 Page 40 of 62 studies were done by Ada County Highway District, I would imagine that since then the event of the freeway from Emmett is only very recent, so I know for myself and other neighbors -- we have all noticed that traffic has noticeably increased with the opening of new highway, people jump onto Chinden and they take Black Cat Road and that's a very current event. So, I think I would -- I would say you need to be very much on top of things as far as making sure that the intersections are improved sooner rather than later. Any of us who want to get around town here at the wrong time of day at a -- what used to be a four-way stop county road and now has subdivisions on two or three sides and one undeveloped area, you still know how long it takes to get through that four-way stop at the wrong time of day. So, those -- yeah. And the street network, too, that's -- that was kind of -- they are building a good street network for the subdivision itself, but once you get out on Black Cat then what? If you can even get out. Maybe you will make -- you will have -- somebody will have to let you in just to get onto the road and, I don't know, just -- we need to make sure that traffic studies accurately reflect the most recent conditions and stay up to speed on where they will be in the very near future. So, thank you for your time. De Weerd: Thank you. This is a public hearing. Is there anyone who would like -- please. Come forward. Good evening. If you will, please, state your name and address for the record. Poorman: Paul Poorman. 5230 North Black Cat Road in Meridian and I'm just east of the proposed development. De Weerd: Thank you. Poorman: So, I guess I -- mike is a little short here. I'd like to echo the comments that Max and Kenneth made on the McMillan Road access. I think that the subdivision really should have access to McMillan to reduce the traffic coming out onto Black Cat and also share the concern about the multi -family dwellings. I feel that that high density doesn't have very much of a transition from the five and eight acre lots to the east that -- that we own. The other is a very specific concern that I have is that our property shares a lateral -- an irrigation lateral. It's almost a mile long and it's -- I can't really point -- it's just south of where your arrow is on -- yeah. Right there. It goes -- yeah. Right in there. And it goes across -- along the -- along the -- it borders our property and, then, through our property and, then, crosses Black Cat and that lateral services 40 acres within this subdivision, as well as our eight acres and the point I'd like to make for the record here is that we share the maintenance of that lateral and I have to scoop dirt out of it every year in the spring and in the fall and maintain that and maintain the concrete, fix leaks and so forth and that extends all the way to McMillan Road and I suspect that the -- the developer will share in that maintenance or tile the ditch that's been used for active irrigation. And the other concern that I have is that the developer might put a pumping station for their forced irrigation and there I have talked a little bit with Scott -- about this with Scott and says that that is not the case. So, I just want to make sure for the record that that really is in the plan that they not have a noisy pumping station right across Black Cat Road from our property. So, that's all I have. Meridian City Council November 5, 2014 Page 41 of 62 De Weerd: Thank you very much. Any questions from Council? Rountree: I have none. De Weerd: Okay. Thank you. Council, would you like additional questions? Come on forward. Max. An addendum to your testimony. Steinbach: Yes. Yes. De Weerd: If you will, please, restate your name. Steinbaugh: Max Steinbaugh. De Weerd: Thank you, Max. Steinbaugh: Yes, ma'am. My addendum here would concern the water that was just brought up. I am the ditch manager for the Beach Lateral there. That area -- and let's take a look at that. I'd rather have the colored print, but there is a significant amount of water that transitions from the Beach Lateral, the White Drain, also Mr. and Mrs. Clemmons' water, which originates way up on McMillan and cuts across through the back of their property. The sidewalk that they allude to they don't want -- there is also a huge waste ditch that comes from the north. We have a serious issue out there with a lot of water and most of the water abates right through the middle of that subdivision's property. Should come just, oh, approximately I'm going to say the length of a football field north of Daphne. That particular irrigation ditch contains a lot of water. Especially when they irrigate that property, in addition to our wastewater abatement. We clean that ditch every year and there is some concerns there also -- here, again, back to multiple family dwellings, how they propose to make that a safer area, what they plan to do with the ditches, because water is a huge issue. The lady that testified earlier this evening was concerned. Our groundwater is about eight inches. So, it floats. It is a big issue there and I would like to make sure that that gets in the minutes, please. De Weerd: Thank you. Okay. Is there any further testimony? Yes, ma'am. Thank you for joining us. If you will, please, state your name and address. G.Poorman: Madam Mayor, Members of the Council, thank you for this opportunity to speak with you. My name is Gayle Poorman. 5230 North Black Cat Road. As my husband stated, we have the property just to the east of this development. We have been there for about 30 years. Of course, as Max stated we are not overly pleased with this development, but we understand that development has to take place. I would like to echo the comments previously stated and, in addition, I and my husband are avid cyclists and I know the City of Meridian has done -- made major improvements on roadways to add bike lanes and make it safer for us and I really appreciate that and I would like to see that same thing happen as we develop out here. Right now I do not feel safe riding on our streets, especially Black Cat and McMillan. There are no bike lanes. There is not even a shoulder and so I would like to ask the Council to consider in future, along with the Meridian City Council November 5, 2014 Page 42 of 62 sidewalks that are being planned that we -- I anticipate that there is going to be children -- more children out there and I think that we need to have a safe place for bicycle riding as well. That's the majority of my comments. Thank you very much for listening to us. De Weerd: Thank you. We appreciate your testimony. Is there any further testimony? Council, any questions for staff or -- Scott, do you want to come up and respond to those questions that were brought up? Noriyuki: Thank you, Madam Mayor. Scott Noriyuki, Northside Management for the record. I took some notes, so I'm going to try and handle these chronologically to address these concerns or questions. With respect to Max Steinbaugh's -- I hope I pronounce that correct. His concerns, as well as a handful of others. The question regarding multi -family or the higher density, mind you the way I designed this was very much in consistency with the City of Meridian Comprehensive Plan and these areas were located at primary intersections. This is going to be future growth in these portions. I think it was contemplated through The Oaks project, it was contemplated through the Volterra approvals and further contemplated through the Comprehensive Plan, if you will. So, I think those are very fair and I think they are very considerate and I think that's appropriate planning. I do want to touch on traffic. I think everybody got up and spoke had some concerns about that. I want to point out that we did commission a traffic study through Six Mile Engineering, very reputable. They met all of the requirements, both state of Idaho, local, ACHD, ITD requirements. We did current traffic counts. We considered all of the requirements, it was reviewed by ACHD and ACHD did accept it and they did compare it against their own traffic studies and they did make recommendations with respect to this. This area is planned for this growth. There are conditions in place to protect the infrastructure at such point The Oaks and/or Jump Creek hit a particular threshold of lots. There are trigger points in place for off-site road widening or improvements or street lights or those types of things, because collectively these two projects are significant. There is no question. But I do want to point out that everything is being contemplated and it has been reviewed and it has been approved. I do want to point out also that when I commissioned it I submitted it roughly 3.5 months ago, so it does contemplate all of the current changes, all of the current approvals, all the current construction. So, this is not old information, this is the newest, freshest information and it does further contemplate all of the calculations from The Oaks project, because they also were the traffic engineer for The Oaks project. So, this is very cohesive and thought out. That's very important to me. I do also want to let you know regarding access -- ACHD in all of these traffic studies and these master roadway plans, we not allowed to have or even contemplate access on McMillan, because of the off -sites and all of these major road networks, if you will, that's not an opportunity for us. And, then, the access points that we are proposing are per standard ACHD policy dimensional requirement. I think that's important to point out with respect to the multi -family and how that interplays at the Black Cat and McMillan corner, we are about 480 feet from that intersection to the first intersection. The multi -family may be on the hard corner, but to get in and out you have got a significant dimension between that and the actual intersection. So, I think safety will be achieved. Also, we are conveying additional right of way. The road will be widened on our portions. Safety will be met. With that I want to touch on irrigation. Irrigation is a big deal on this property. It Meridian City Council November 5, 2014 Page 43 of 62 seems to be a nexus of multiple drainages and primary laterals and I very much appreciate what Max said, because that furthers my stance and concern about this temporary pathway within the phase one, because there are significant structures that we have got to contend with and as we do contend with them at that point, great, we achieve a pathway or a sidewalk to nowhere, but we can't irrigate the property anymore appropriately or that portion of it, which seems silly. With respect to the physical understanding or engineering of the irrigation and the drainage, we are very cognizant, we have got a great team of engineers, a lot of experience behind us. We have met with the irrigation districts, we have considered what it is that we have got to do and the interplay with ACHD at McMillan and Black Cat -- it's big deal. We will have a pressurized irrigation pump station. No question. A project of this size has to have something like that to be practical and appropriate. We do have the water rights. With that said we will be quiet. I think I covered everything. I'm sorry. I want to stick with -- is there any questions you have of me? De Weerd: Where is the location of your pump house? Noriyuki: The pump house -- if you could -- Bill, if you could pull up the -- I guess just the colored rendering overall. Perfect. And I'm assuming I have access by pushing this button? From an engineering standpoint we are looking at these areas, because the primary irrigation that we are dealing with is coming from this point going this way and this way. We also have access points for irrigation over here, but we are planning on in this area, if you will. De Weerd: So, you do understand there is high water -- groundwater in the area? Noriyuki: Oh, believe me we do. Yes. De Weerd: And you are planning mitigation on every lot for the high water? Noriyuki: No. We are engineering around it and, mine you, there is high groundwater in areas and this has been the concern area, if you will, and we note this water feature that's an integration of that area. The predominate, if you will, high ground, water has historically come through this area. Areas over here -- this is pretty much high and dry and, mind you, this is 82 acres. So, just to say that we have got high groundwater in one particular area -- it could be 15 feet in another area. We have got extensive geo-technical engineering. It's proved out, we have put it together and submitted to the City of Meridian our conceptual engineering and, of course, that's proved out ultimately through the construction docs and the final plat approval process. De Weerd: I don't know. You need to ask the people across the street from you, because there is high groundwater in that subdivision and so -- Noriyuki: And we are cognizant and we do not want a liability or risk at the end of the day. Meridian City Council November 5, 2014 Page 44 of 62 De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor. Scott, you made a statement a little bit ago -- the road will be widened, but you didn't indicate when or by whom. Noriyuki: Which portion of the road? Rountree: I don't know. You said the road would be -- Noriyuki: On a phase -by -phase basis -- our initial phase when we will put in the -- Bill, how do I erase? I'm not that smart. I can draw, but -- okay. Wait a minute. I figured it out. Trial and error. Okay. So, the load will -- the roads, if you will, will be widened appropriately, first of all, on a phase by phase basis. So, phase one we will be installing this entrance, as well as this entrance. All of that appropriate right of way will be widened accordingly per ACHD staff report. At that point, once we move beyond to the second phase, that portion physically will be widened appropriately. There is a trigger point after the second phase that somewhat in conjunction with The Oaks project that things have to be analyzed after that, just considering all of the projects -- or the potential lots. If The Oaks do not move rapidly maybe nothing has to happen or if everybody moves rapidly maybe something else does have to happen, but it's standard protocol with any development. We will widen and convey the appropriate requirements on a per phase basis. Rountree: And do you know if there is an intersection improvement project proposed for Black Cat and McMillan? Noriyuki: Yes, there is and that is in the ACHD staff report and it's one of the trigger points that you will note. The question is -- it was also a condition for The Oaks project and they mirrored the condition for this -- this particular project just to insure dependent upon how many lots, regardless of project. Once that trigger point was met that intersection was improved. But I do also want to point out that I had conversations with ACHD and that intersection is within their five year CIP as well. So, it's targeted with or without these to projects for improvements regardless. Rountree: Yeah. Okay. Thank you. Noriyuki: You're welcome. De Weerd: I guess the north Meridian development actually put those improvements in ahead of time, which has -- has been nice for that area, because of the growth. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council November 5, 2014 Page 45 of 62 Zaremba: This is probably a question or comment for staff I think, but at one time Meridian had with Ada County Highway District an agreement that all arterial section lines would be preserved for at least five lane roads, then, a couple of years ago we learned that without Meridian's knowledge ACHD changed McMillan to be a three lane road in the future. We, I believe, made a formal request that they change it back to five lanes and I don't know what has happened with that. My concern is -- I'm comfortable that Black Cat will eventually -- I don't know what the timing is, but eventually their plan is to have Black Cat be a five lane road and I'm hoping to get some confirmation that McMillan will be five lane. Caleb looks like he knows something about this. Hood: Madam Mayor, Councilman Zaremba, I did talk to Gary Inselman about -- not only McMillan, but -- we will focus on McMillan, but also Victory and Locust Grove, because those are also three lane roadways. So, we did talk about having a five lane arterial as kind of the base. ACHD is looking into it, but McMillan with the large power poles that are on side and the large canal facility on the other side, is going to be three lane facility. So, that is one of the few exceptions to the five lane arterial road rule that -- that we have. But for the most part arterials is a five lane roadway and there are a couple of seven lane roadways that are ultimately planned for Meridian as well, but in that instance there is some justification for a three lane roadway. They are still looking at it a little bit, but, essentially, have come to the conclusion that it's cost prohibitive to either relocate the -- and I can't remember what the facility's name is -- the Settlers Canal or the large Idaho Power metal structures that are several hundreds of thousands of dollars for each one and there is a series of them, so I thought I had reported some of that out the Council, but, no, McMillan is only ever going to be a three lane roadway at this point. Zaremba: Thank you, I guess. I'm not thrilled, but thanks for the news De Weerd: Any other questions from Council? Bird: I have none. De Weerd: Okay. Noriyuki: Thank you. De Weerd: Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just for discussion purposes, I think the biggest issue in the air -- up in the air is the treatment of sidewalk on the phase that's not planned to be done yet. I agree the need for it relates to the school and the point has been made that we don't have a timing for the school and it may very well be okay not to do it -- I can see the economic reasons not to do a temporary one that it might bollix up the use of the unfinished phase as Meridian City Council November 5, 2014 Page 46 of 62 farmland for as long as it could be. And, you're right, for the extent of time that it doesn't go anywhere or connect to anything and the school isn't there, I am comfortable with not having it there. It actually would be probably unfavorable to have people walking along there if there is no destination that serves its purpose. So, assuming that that school is some way off and the future phases of this project may very well beat the school, I would be comfortable considering not requiring the temporary sidewalk. You got to pay to put it in and, then, you have to pay to take it out and if it's not going to help I'm comfortable eliminating it. One person's opinion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, along those same lines, could we -- since we don't know when the school is going in and there have been known to be delays in projects, can we accept them not putting in a temporary sidewalk, but require that before the school opening, regardless of the development, that the sidewalk -- the permanent sidewalk is installed? De Weerd: I guess, Council, you know I like to see improvements along the roadways. It's not just for school, it's for the connectivity to those things in and around it. This area is developing and there are developments to the north and south and as -- as someone testified, there is bicyclists out there and when we start adding people in the middle of -- on the fringe, there is a connectivity challenge and you need to connect people not just by cars, but by foot and by bike and that is why we like to see those -- those improvements come in as the first phases are developed or approved. Just a personal opinion. Parsons: Madam Mayor? De Weerd: Uh-huh. Parsons: I don't mean to interrupt, but I do want to at least enlighten -- I believe Mr. Noriyuki testified he wanted answers to when the Volterra Subdivision was going to build their portion of the collector road to tie into Black Cat. I spoke with the developer on the phone and it was his indication to have that constructed this year, which is ultimately -- if you can see the red dot here, would be this entire portion here. So, almost two-thirds of that collector road was planned to happen this fall. In my latest discussions with him he informed me that he intends on doing it this spring. We all know -- he's currently developing a 57 lot single family residential development here, which also ties back into McMillan Road. We have a 160,000 square foot big box store, Walmart, going on that corner. So, if that sidewalk wasn't built and their first phase comes online -- and this is why staff was pushing for the -- not only the collector road with the first phase -- excuse me -- entire collector road with the third phase or the 123rd residential lot and that pedestrian connection was the first phase was -- the planning department has approved the sidewalk connection, the landscaping along that collector road and ACHD is reviewing the roadway plan for the construction of that, so we envision that happening within the next six months to one year and so we felt if that first phase came online and started Meridian City Council November 5, 2014 Page 47 of 62 sending folks down McMillan Road to Walmart, they would get on their bikes, hit that sidewalk, drop down to the collector street network and tie back into Walmart, rather than having to go on McMillan Road and that's why we felt it was so important and ultimately the planning and zoning commission weighed in on that and they listened to the applicant's argument. But that's something we should consider going in that we do have that planned within the next year. A least it's been approved by the planning department to happen. And so we envision not only this providing connectivity to the school site, but also provides a pedestrian connection and also a pathway -- a bikeway connection, a complete street, to a Walmart store in the future, the next year or so. so, it's something to keep in mind in your deliberations. De Weerd: Okay. Any other questions? Or discussion points? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just for discussion. I -- this is really an impressive project. It's big in every sense of the word. As I make -- kind of go through notes and look at some of the areas that -- questions that have been answered and questions that have come up, you know, for a project of this magnitude I may need time to look at a couple things and maybe get some questions answered. I would like to take at look at that traffic study again and the ACHD -- the we updated staff report is not on the web link. The draft on is, but the one -- which is the one I looked at and I understand the staff comments make reference to probably the updated staff report. But I'd like to get my head around the dates that the roadway improvements are going to be done. The multi -family on the corners, you know, without elevations or any concrete parameters to what they would be -- I'm not saying that it's right or wrong, but those are things that give me pause. I think the public has brought up some question about potential groundwater concerns -- probably can be easily alleviated. There is a geo tech study that might address it. I didn't look at it. If it's on the web link I don't see it. And the sidewalk issue -- the Mayor's comments and Council Woman Milam's comments, maybe there is some language that we can more artfully articulate if there is to be a trigger that would ultimately require such a temporary sidewalk to be -- I'm not so sure, you know, wordsmithing it right now is the most effective way to do it. So, I like what I see, but, gosh, you know, at 80 acres I'm not certain that a -- from my perspective of a continuance just really get comfortable with some of these loose seems to be worth it. Because it's not a project that I look at and from the presentation it's something in my eyes to be rejected wholeheartedly. I wouldn't feel comfortable approving it today either, without doing a little more contemplating. De Weerd: Thank you, Mr. Borton. Any other comment or -- again, any questions. Or a motion to continue. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council November 5, 2014 Page 48 of 62 Borton: It might incite discussion, it might not, but in light of my thoughts on it, I would just move to continue Item 8-C, the public hearing on AZ 14-011 and 8-D, that's PP 14- 013. If the motion --well, that would be the motion. I don't know if it needs a date certain as well. Rountree: Yes. The 18th. Borton: To -- I don't think I'm here the 18th, so would say the 25th, if that's -- I will say the 25th and see where it goes. Zaremba: Second. De Weerd: I have a motion and a second to continue this -- these two items to November 25th. Any discussion? I'm sorry. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The maker of the motion, what more do you want? He's got the traffic study in there, 171 page. What else? De Weerd: He wants to read the 127 pages. Bird: Hundred and seventy-one. De Weerd: Or'71 and I think this is -- Bird: Was there anything else besides the traffic pattern? Borton: Councilman Bird, everything that I listed. It's not necessarily items I need to receive, but I'd like to look at and get resolution from. Bird: I mean anything that you don't already have is what I'm getting at, Councilman Borton. Borton: The updated ACHD staff report I don't believe is on the web link and I'd like to see the specifics that resolve the groundwater issue. I'd like to see language that my resolve the sidewalk timing issue. De Weerd: Okay. Anything further? Rountree: Madam Mayor, since we are making a list, I would like to see some language or concept with respect to the multi -family, as opposed to just a blank slate. That has some idea what thoughts could be there, knowing that they are going to wait to see what Meridian City Council November 5, 2014 Page 49 of 62 the market might bear, but language to the extent it would replicate the type of architecture that is in their development that we have a number of plans for and elevations for now or are we going to look at some space age kind of an approach or -- and it's going to go through an conditional use permit process anyway, so if the market changes and the situation changes out there, they can -- they can amend that or request an amendment to that through the conditional use process and I agree with Borton with respect to the sidewalk and the sidewalk timing, it seems to me that it is a timing issue, you're going to have to build the sidewalk there no matter what. At some point in time you're going to have to address the irrigation issue no matter what. So, what is the timing of that what is -- that's the -- certainly it's an up front cost that you're not going to see any return on until you get the entire development done, but we have struggled with sidewalks, let go and we now can't get them in place in subdivisions that are within walking distance to schools and there is no way of seeing sidewalks need put in. So, I'd like to see some timing discussion on that. De Weerd: Bill? Parsons: Madam Mayor, Councilman Borton, the geo-tech report is part of the application on the website. Borton: Okay. Parsons: We started scanning those in, so that it's part of the public record. So, that information is provided in the application for you. I know I did receive a final version of that staff report from AHCD. I will coordinate with the clerk's office tomorrow morning to make sure we provide it. I'm not sure -- I'm not sure when I sent it, but I believe -- I'm positive I forwarded that onto the clerks office and included it in the packet. So, we do have that. Borton: Okay. Parsons: So, we do have that and I coordinated with the senior planner on the project. We talked about the condition. The commission recommendations has the correct ACHD's conditions in the staff report. So, it's all in tune for you there, so I don't know where -- why the final one isn't there, but we did receive that and ACHD's commission did act on that application. De Weerd: Okay. And since the applicant is listening to all this discussion, if there is anything additional -- yes. Noriyuki: Scott Noriyuki. Northside. I appreciate you letting me come back up prior to closing the hearing. I do want to address a couple of these items. I do want to point out that Bill did receive from Mindy Wallace -- ACHD commission did amend their final draft. ACHD staff report at Commission last week and did forward that to myself, as well as Bill. It is a final -- it's not a draft and it approved and that encompassed all of the changes proposed through the Planning and Zoning Commission hearing held here. So, all of Meridian City Council November 5, 2014 Page 50 of 62 those contemplations were contemplated, incorporated, and approved. I do want to point out that the traffic study -- it was commissioned by a traffic engineer, licensed in the state of Idaho, under the pretense and the requirements by ACHD and ITD. It is very clear and I think I'm a little concerned with just arbitrarily continuing the project for the purpose of if people didn't review the packet. The packet -- the information has been there. The geo-tech report has always been there. These are submittal requirements for me that I submitted three and a half months ago and these are consistencies. With that I do want to talk about the sidewalk. I do appreciate what you're talking about and timing is critical and I'm very open to that. All I'm asking to do is to complete that in my phase two. My phase two does continue it -- that remaining portion that everybody is desiring. My phase one is going to take on about 52 lots. I think it's reasonable to say that 52 lots will be built out in their entirety in 2015. The secondary phase will progressively move into 2016. 1 think it's reasonable that 2016 would be the soonest that school could ever be built. I see Volterra Road ultimately being built, but it's not going to happen this fall. The batch plants are going to shut down in 35 days, maybe 25 days. There is no way asphalt could be put down. There is no concrete that's been done. It's still predominately under agriculture, although it's got a sewer line it's weedy and it's not prep'd and it's got to be stripped out. De Weerd: Hey, Scott, this -- Noriyuki: I apologize. De Weerd: Thank you. Noriyuki: And with that said I'm just asking if we can -- De Weerd: I will tell you there is nothing arbitrary about continuing a public hearing -- Noriyuki: And I apologize. De Weerd: -- consider additional information and to absorb and make sure that every detail is understood by this Council, who is being asked to make a decision. Noriyuki: And I accept a continuance if that's -- De Weerd: They do not see the agenda until the Friday before -- Noriyuki: Oh. I apologize: De Weerd: -- and so it's a big development, there is a lot of information and this Council I will say takes their -- their responsibility seriously and so -- Noriyuki: Very good. De Weerd: Okay. Meridian City Council November 5, 2014 Page 51 of 62 Noriyuki: Thank you. Rountree: Madam Mayor, if I could -- De Weerd: Mr. Rountree. Rountree: -- pursue a discussion on the sidewalk. So, you're amenable to maybe identifying a point in time -- not necessarily with respect to 52 lots being sold, but with -- with a point in time in 2016 that you start construction on the sidewalk? Noriyuki: I was thinking about while I did phase two. I anticipate that would be in 2016, just based upon the market right now. That was what I was thinking about tying it to. Rountree: You understand our concern is that if you don't meet your mark there, then, somebody is holding the bag for not having a sidewalk when there might be a need to have a sidewalk. Noriyuki: Well -- and I appreciate that and I wouldn't want a project like this for that to be a negative point and that would be a concession I would make to build a temporary if I could have the lateral to move into the field, rather than the ACHD right of way at that point. Rountree: Okay. Noriyuki: Thank you De Weerd: Council, I do have a motion and a second to continue this item and I will entertain additional discussion about this project, but we are -- we really do have a motion and we have kind of gone off on a -- I will use Councilman Zaremba's sideways direction. So, Council, all those in favor of continuing this -- these two items, 8-C and D, to November 25th, please, say aye. Any opposed say nay. Okay. Motion carries. MOTION CARRIED: ALL AYES De Weerd: Mr. Zaremba, did you have additional comment? Zaremba: Well, not really. If we are continuing it I think that answers my question. What I was going to ask -- if they are able to farm it one more season, then, there is -- they are not going to be able to farm it two seasons, apparently, if the sidewalks are going to go in eventually. But that will be part of the discussion two weeks from now. De Weerd: I would like staff to -- there is a lot of information here and some of it we may feel qualified to review without interpretation, some of it we can't. The groundwater is an issue and if someone could, please, explain what we have in the report that would be helpful. Both from the applicant and from the staff perspective. The two sides are Meridian City Council November 5, 2014 Page 52 of 62 important. We just want to make sure the two sides agree. Okay. Okay. So, to the neighbors, this is a continued public hearing to the 25th of November. So, thank you for joining us tonight. Item 9: Department Reports A. Continued from October 21, 2014: Discussion of Social Media Policy and Procedure. Original Policy approved December 13, 2013 De Weerd: Under 9-A, Department Reports, we have a continued discussion on the social media policy and procedure. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. A few weeks ago I had brought to you the social media policy. We had had previous discussions about that. We. somehow found it had not been approved by the Council. We couldn't find it in the record. But subsequent to our meeting we did find it actually was approved last December, so it is already in place, but there were concerns or questions that the Council had and if there is amendments or changes to the policy you'd like us to look at -- again, it's not -- it's not urgent if you -- unless you think it's urgent. If you want us to consider whatever you want to provide to us, so we can, basically, take it back through our -- our internal process to review it and make whatever changes you think are necessary or appropriate, but we can do that at whatever speed or pace as you want it to be, so -- De Weerd: Mr. Zaremba. Zaremba: Since it's been in place since December almost a year ago there has been some experience with it. Is there any experience reason to make changes to it? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, no, there really hasn't. I mean there hasn't been any additions or changes to the process that already existed. As I told you a few weeks ago, the purpose was it was to just make clear what the requirements are and, of course, the requirements are very fluid, as the law often changes in this area as to what you can do in regards to social media, but there has not been any hiccups or problems and things like that. We do have social media that the city uses in various forms and we have been following that procedure in administering it since a year ago, since before we even approved the policy we felt it was the appropriate practice. So, really -- and the implementation hasn't really changed the practice anyway or the procedure. We haven't had people requested to add more separately from the department level of social media, so so far so good, there hasn't been any suggested changes from the internal staff. Zaremba: Thank you. B. Community Development/Building Services Division Department Report: Proposed code adoptions and local amendments - 2012 Meridian City Council November 5, 2014 Page 53 of 62 International Building Code, 2012 International Residential Code, 2012 International Energy Conservation Code, 2014 National Electrical Code, 2012 Edition Of The International Mechanical Code, 2012 International Fuel Gas Code De Weerd: Anything further on that item? Okay. Item 9-B is under our Community Development Department. Our building division. Bjornson: Good evening, Madam Mayor and Members of the Council. Tonight I'd like to present the adoption of the building codes, which is required by Idaho statute, as you're aware, by January 1st of the year following the state adoption. We often use the term I -Codes to define the international code family collectively. International is a broad term. I would like to take a couple of minutes -- I will be very brief -- to provide a quick overview to the new Council members on code development and why we -- or why it was termed international and just some brief history. So, it won't take long. The purpose of the I -Codes, essentially, is to reduce loss of life and to promote public safety through building department process, plan review, inspection, so it's public by safety much like police and fire. Some of the early controls of the United States consisted of three individual model code organizations and in 1950 we had the Building Officials Conference of America. In 1922 Pacific Coast Building Officials Conference, which later became the International Conference. And, then, in 1949 we had the Southern Building Code Congress. Those were all organizations --three big ones there-- and along with those organizations there were three legacy codes which were the Uniform Building Code in 1927. In 1946 was the Southern Building Code. And, then, BOCA National Building Code. So, that's a lot of history -- U.S. history, you know, from back in time. Essentially the officers from the three organizations formed a council -- CABO, the Council of American Building Officials, and their goal was a coalition effort to form uniformity of products, language, standards and code format and their accomplishment for the path of the formation of what we know today as the International Code Council. The International Code Council was sown in in 2000 -- the year 2000 and it's a benchmark industry code for the United States and worldwide. Building code change and reform happens on a three year cycle through the International Code Council and they are, essentially, here tonight to talk about that. Again, we are mandated by the state to adopt the minimums. So, what does that mean to Idaho and Meridian? The building code collaborative, which is a group that continuously evaluates the codes and provides recommendations to the legislature in the best interest of minimum regulation necessary for Idaho life safety compliance. I'd like to point out that we are currently working on an international residential code -- I'm sorry -- an Idaho residential code, an Idaho energy conversation code, which is currently in statute language 39-4109. So, there is good steps being taken right now to name an Idaho residential code, an energy code for the good of Idaho and to not have the same regulations necessarily maybe in New York City or Las Vegas or San Francisco. So, we are taking a critical look at that. De Weerd: And, Brent, just to add to it, that's being worked in partnership with the state with the Building Contractors Association and there is a lot of stakeholders at the table that's driving this. Meridian City Council November 5, 2014 Page 54 of 62 Bjornson: Absolutely. Correct. I was at the -- I attended a meeting -- I think it was last week over at the Department of Building Safety and all those people were represented for the most part and it was a very good effort, I was really pleased with how it progressed and I think it's just great for building codes and to make sure that we are not adopting things that we don't know what they are, just taking cart blanche and to not necessarily to the good of, you know, our builders here locally. So, I think it is important and it is a good way to leverage, you know, what's -- what's coming down through the code cycles and removed every three years. There was one other thing I'd like to mention here with the I -Codes. They happen on a -- basically a three year cycle. I mentioned that. We are currently on a 2012 model and we -- the National Electrical Code is one -- a 2008 model and it also goes every three years, which was '11, based on the state, and we are going to the 2014 National Electrical Code. So, essentially, what I'd like to present is a timeline for the ]-Codes, draft a document that's before you and it includes the 2012 residential code, the 2012 International Building Code, which is the commercial sector, the 2012 mechanical and fuel gas code and the 2012 energy conservation code, along with that 2014 National Electrical Code. The electrical code is NFPA 70, which is fire protection based and it's a little bit different document than the ICC base building code, so it's just a little bit different cycle timingwise. We currently are not proposing any code amendments that would be more restrictive than the state amendments. This is all well received. Always we have no plans to do anything there. All of our local amendments are housekeeping type items or new rules that the state has adopted back in July. Statute 39- 4116 requires that we send out notification mailers to 13 external groups. We added eight additional. Some of these include the Associate Building Contractors Association, Association of Idaho Cities and others. Mr. Bird will be happy to know that, once again, we included Building Owners and Managers Association, BOMA. For the record, we mailed notices on October 31. The required publication with the clerk's office and public hearing of December 2nd we have put in the Valley Times on Monday, October 27th. My plan is to present the draft document timeline at the BCA meeting on November 12th. We will get the December 2nd publication hearing and ordinance on your agenda by November 26th I believe and, then, what we are proposing is a December 2nd public hearing and first reading. December 9th, second reading. December 16, 3rd reading and adoption with an effective date of January 1. That is really all I have with code adoption. Again -- is my mike working here? It's the minimum code for Idaho and we are required to do it by state at this point and I will stand for any questions you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a question, Brent, but thank you very much and the local -- or the Idaho group that's getting together, do you have any AIA participation of the architects or the engineers in that group? Bjornson: Madam Mayor, Mr. Bird, Members of the Council, I can't answer that definitively and tell you yes. I would assume that there are those people at that table -- Meridian City Council November 5, 2014 Page 55 of 62 Bird: I hope so. Bjornson: Yeah. Absolutely. Our mailers go out and reach out to those associations, so I'm sure they are well represented. Bird: I think that's -- I think that's finally -- we are getting to the way we should be, because to build a house in Meridian, Idaho, is a lot different than building it in Meridian Mississippi, you know, so -- and those guys are the ones that's got to design it and spec it, so -- Bjornson: Yeah. Bird: Thank you, Brent, very much. I appreciate this. Bjornson: My pleasure. I think you will be happy to know, Mr. Bird, that the energy code -- Idaho brings in the 2012 energy code we have modified that -- the group collectively I should say -- the code collaborative to make sure we stay within the 2009 tables -- Bird: Yes. Bjornson: -- and it really helps. It works out well. It's a win-win. Bird: Sometimes we get too energy efficient and we ruin the homes. We cause mold and stuff like that to build up. Bjornson: I think the collaborative -- I think with -- I have noticed that I really -- I think it's important is that people step back and they take a look and they ask the question, you know, why are we doing this, what's driving it, what's the end result goal and, then, we, you know, figure out if we want to move forward or take it out or modify it. Bird: Follow up, Mayor? And I appreciate, Brent, the way you and Bruce have always went out and reached out to the people that are involved in building the buildings and designing it and stuff and -- and I think that has really helped us out as a city to not have any problems that a lot of the other municipalities do have and I thank you for that. De Weerd: Okay. Any other questions or comments for Brent? Okay. So, next steps, Brent? Bjornson: Next steps would be -- I expect that you will see that Emily Kane will, again, by November 26th place the December 2nd public hearing ordinance on your agenda and, then, we will move forward from there and I will take it to the BCA meeting in about a week. Bird: Good. Meridian City Council November 5, 2014 Page 56 of 62 Bjornson: Thanks for your time. De Weerd: Thank you. We appreciate your sticking around. Bjornson: Well, I'm happy to. I don't get to wear a very often, so it's been a long time in the tie. I love it. De Weerd: We can make it a requirement. I'm just kidding. Rountree: With exceptions. C. Public Works: Budget Amendment for FY2015 in the Amount of $90,000.00 for the Wastewater Treatment Plant (WWTP)Safety Improvements Construction De Weerd: Yes. 9-C is under our Public Works Department. Dale. Bolthouse: Good evening. De Weerd: Good evening. Thank you for -- Bolthouse: Madam Mayor and Members of the Council. I guess I know how to clear a room behind me here. I stand before you tonight with a request for your consideration and approval of a budget amendment for 2015. As you may be aware, we have engaged Northwest Safety and Risk Services the last year with the intent of giving us an overall safety assessment in Public Works. Part of that was the actual facility instructions that occurred last year and were published late last winter. We have had a number of opportunities that were pointed out in that facilities inspections and we have been working our way through a list of some 180 observations that were part of that process and we are down to the -- I guess the last few that were the more complex of items to take care of and have taken staff and some external consultation, engineering services to gather our thoughts and develop our abatement plans. Those -- those plans specifically are addressing four areas that remain in our wastewater treatment facility and they include proper ingress and egress and access to our sampling station, which is the upstream sampling station on Five Mile Creek. Improving the access to our primary sludge vaults, which will currently permit entry confined space required and we'd like to remove that designation for those particular areas. We have a floating cap digester -- they call it digester number three and that particular access to the top and down in for daily maintenance and operations is -- is not a good situation and this will take care of that, as well as a variety of other spots throughout the facility where we need to have improved handrail and guard rail for safety protection from slips, trips and fall hazards. So, we are requesting 90,000 dollars for construction and completion of those items and we would much appreciate your approval of us to move forward. Time is of the essence. A number of these, you know, are exacerbated as we move into winter, snow, rain, wet conditions and we'd like to get them taken care of. So, with that I will stand for questions. Meridian City Council November 5, 2014 Page 57 of 62 De Weerd: Thank you, Dale. Any questions from Council? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One briefly, Dale. You -- I recognize that we are very quickly into the new budget year and you touched on something that I guess I need some further clarification on and that's why time is of the essence for this particular amendment? Bolthouse: Madam Mayor, Council Member Cavener, the timing of when we receive the information and the amount of time it took us to develop our abatement plan has taken about four months to work through that. Because the items are a little more complex, we had to go through flood plain analysis, because of the stairway down into these areas and things, it's took us until just this last month in order for us to actually detail out what the proper abatement is. We have been anxious to get these completed for some time. We probably could have fragmented them and blocked them in piecemeal, but chose to try to take these larger items, consolidate our engineering efforts and bring them all as one project. So, in some cases it might have delayed a few of the initiatives. But we would like to go ahead and move forward and try to get these done. We were unable to get them into last year's budgeting process, because of the timing of those engineering studies. Cavener: Thank you. De Weerd: Okay. Any further questions? Okay. Council, you do have a budget amendment -- amendment -- that's easy for me to say -- in front of you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no further discussion, I would move that we approve Item 9-C, a Public Works budget amendment in an amount not to exceed 90,0000 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: This is side of ayes sounded more enthusiastic than this side of ayes. Meridian City Council November 5, 2014 Page 58 of 62 Rountree: We are getting towards the end. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 14-1628: An Ordinance (AZ 14-009 Castle Creek Subdivision) For Annexation And Rezone Of A Parcel Of Land Being Located In The SE'/4 Of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date De Weerd: Okay. Item 10-A is Ordinance 14-1628. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1628, an ordinance AZ 14-009, Castle Creek Subdivision, for annexation and rezone of a parcel of land being located in the southeast one quarter of Section 29, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories 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 of RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only and I think we are ready to act on it. Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1628 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call role. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council November 5, 2014 Page 59 of 62 De Weerd: Now we are going to see who is the most enthusiastic. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Item 11 under future meeting topics. Even though this is not a future topic, I would like to compliment the Fun Bus brochure that Councilman Zaremba passed out to all of us. I would -- even though staff is not here, I do think that it would be important as a future meeting topic to have a discussion on what the city does in terms of testing or requiring testing for water levels on new development. I have been getting an increasing number of phone calls from residents that are experiencing high water tables in their crawl spaces on their properties and questions have been raised as to what is the city doing and I think it would be a timely discussion. Okay. Anything further? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Two. One of which is germane, but the first one is earlier we talked about a letter to the Ada County commissioners, which I thought was going to be passed around for all of us to sigh. De Weerd: I thought so, too. Zaremba: I haven't signed it yet. De Weerd: Is it around? Rountree: I haven't seen it. Bird: Somebody's got it. Zaremba: I thought it was on the table here somewhere. It just has got stalled. Cavener: I have the letter. I didn't realize that I was supposed to sign it and pass it down. I thought it was -- Rountree: Way to go, Luke. Way to be in there. Bird: We will let you off. Cavener: Thank you. I appreciate it. Zaremba: And, number two, I had a conversation with Elaine Clegg, a Councilman from Boise the other day, in regards to impact areas and annexations and stuff and she Meridian City Council November 5, 2014 Page 60 of 62 explained to me and I think she's talked to Councilman Rountree as well -- that recently Idaho Smart Growth did a statewide study of many issues related to impact areas and their enforceability and enforcement and we had a little conversation about it and I suggested to her that we might be interested in having her come and make that Idaho Smart Growth presentation to us at a workshop. We probably wouldn't get it done by November 12th, but perhaps the December one, and my question is would people be interested in hearing what Idaho Smart Growth is suggesting as a statewide solution? De Weerd: I think it would be good to have the report and see how applicable their findings are. Zaremba: For a workshop? De Weerd: Uh-huh. Zaremba: Okay. Thank you. De Weerd: We will give it to Madam Clerk. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If you could have staff extend my appreciation to the D.L. Evans Bank for their effort on cleaning up the site on Pine and Ten Mile after probably 20 years of dirt piles, weeds and junk. It is leveled, it's cleaned off, and looks great and looks like it's getting ready for them to build a building on. So, I appreciate their effort after they were in here the last time about two or three weeks ago. They got in there and got it done. Bird: Yeah. It looks nice. De Weerd: I just, too, want to express on the public record our appreciation to the organizers, our parks director -- or our parks department, Patrick Dilley, Ken Corder with the Mayor's office and Officer Gomez with the police department for the trunker treat event last week. It was an extremely well intended -- or attended. We had over 80 trunks provide candy to the kids. We had close to 7,000 people participate and just have had a flood of positive comments about the event and how it's a great reflection on the community and our -- our focus on the families and on our kids. So, just for the record we want to hold them us as -- I did present Meridian Way coins to each of them and with our sincere appreciation for what they had done and a reminder this is something -- second annual Mayor's Youth Advisory Council activity. So, we had over 80 kids participate and leading the little costume parade and setting things up, being crowd control and traffic monitors and they just did an outstanding job. Item 12: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council November 5, 2014 Page 61 of 62 De Weerd: Okay. Our last item on our agenda is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Milam: 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: Oh, man. All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:17 p.m. to 9:56 p.m.) Bird: I move we come out of Executive Session. Zaremba: Second. De Weerd: I have a motion and second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:56 P.M. Meridian City Council November 5, 2014 Page 62 of 62 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) L/as/ /V MAYO MY DE WEERD DATE APPROVED CITY CLEP PT�nAUG�s. 0 city of � E IDIAN' toaxd SEAL P J lT�q °t 14e tN£�SU0.0. Item #813: Jericho (TEC -14-006) Application(s): Time extension Location: The property is located on the west side of Jericho Road; south of Chinden Boulevard. Summary of Request: The applicant is requesting approval of a one (1) year time extension. This is the fourth time extension requested for approval. The applicant states the development of the property has not progressed due to the number of projects under construction. With previous time extensions, the applicant has been required to comply with the current requirements of the UDC as follows: (TE -09-013) ® Develop the property with 6% open space and two (2) amenities. (TE -10-034) ® CZC and DES for the townhomes. ® Submit a revised landscape plan to include the addition of two (2) amenities and mitigation for the existing trees (1 tree per buildable lot). ® Implementation of regimented weed control, upgrades to the pressurized irrigation system and the removal of the arborvitaes by the timelines outlined by the developer. (TEC -12-010) ® Comply with the new surety (performance and warranty) requirements and street light standards implemented by the Public Works Department. ® Provide regimented weed control as previous approved and remove the remaining dead trees from the property. Staff recommends approval of the subject time extension. Written Testimony: Kent Brown agrees with staffs recommendation for approval. Carl Patten and Kathy Peterson submitted written testimony in opposition of the application. Outstanding Issues for Council: None Notes: Item #8C& D: Jump Creek (AZ -14.011 and PP -14-013) Application(s): Annexation and Preliminary Plat Size of property, existing zoning, and location: This site consists of 86.06 acres of land, currently zoned RUT in Ada County and is located on the northwest corner of Black Cat and McMillan Roads. Adjacent Land Use & Zoning: North: Oaks North Subdivision, zoned R-15 East: Volterra North and Bainbridge Subdivisions and county residences, zoned R-4, R-8 and RUT South: County residence and Oakcreek Subdivision, zoned RUT and R-8 West: Oaks North Subdivision, zoned R-4 and R-8 Summary of Request: The applicant has applied for annexation of 86.06 acres with the R-8 and R-15 zoning districts. A preliminary plat was also submitted consisting of 318 building lots, 2 multi -family lots and 42 common lots on approximately 85.9 acres of land. The minimum lot size proposed with the single family portion of the plat is 3,600 square feet adjacent to the mew lots and the average lot size is approximately 6,500 square feet for all of the other single family lots. The two (2) multi -family lots consist of 1.92 acres and 2.97 acres respectively. The applicant is proposing to develop Jump Creek in six (6) development phases. The single family portion of the proposed development has a gross density of 3.92 dwelling units to the acre. The applicant has provided a conceptual layout for the multi -family portion of the development that depicts a total of 76 multi -family units at a gross density of 15.5 dwelling units to the acre. The overall gross density for the project is 4.59 dwelling units to the acre. Dimensional Standards: All lots comply with the R-8 and R-15 dimensional standards. Block Lengths: N Oakstone Ave needs to shift to the west side of the common lot 11, block 13 to comply with the block length requirements. Street Connectivity: With the development of Jump Creek, the applicant is proposing extend (3) stub streets from the west and one (1) stub street from the north approved with the Oaks North development. Per ACHD's Master Street Map (MSM) a collector street is required and proposed at the mid -mile of N. Black Cat Road to align with the collector street approved with the Volterra North Subdivision and ties into the collector street approved with the Oaks North development on the west boundary. The applicant is also requesting three (3) access points to N. Black Cat Road. The central access will be temporary 25 -foot wide driveway (approved by ACHD) until a portion of the collector road is constructed to W. Joseph intersection with the approval of the 123rd residential lot; then the driveway will be bollard and converted to a pedestrian access/emergency access for the Fire Department. Open Space: 13.54 acres of open space; (4) amenities — (3) tot lots, 5% additional open space, public pathway, tot lot, and integrated pathways. The drainage areas must be designed in attractive manner (e.g. dry river bed) in order to count towards open space. Timing for the amenities has been addressed in the recommended DA provisions. Fencing: The proposed fence materials consist of 4 -foot and 6 -foot tall vinyl fencing. All perimeter and common open space fencing must be designed as set forth in UDC 11-3A-7. Home Elevations: The applicant has submitted photos and conceptual building elevations for the future homes in this development. These elevations depict a variety of styles and building materials that are consistent with existing homes constructed in the surrounding area. Future homes adjacent to McMillan Road, Black Cat Road and W. Malta Drive are conditioned to incorporate a mix of materials, windows and decorative trim, pop -outs, covered porches and two variations in the roof lines to provide articulation and modulation to the side and rear facades. Elevations have not been submitted for the multi -family areas. These elevations will be reviewed with a future conditional use permit application and will require compliance with the City's design review standards and the design guidelines contained in the Meridian Design Manual. Commission Recommendation: Recommended approval with modifications at their September 4th meeting Summary of Commission Public Hearing: L In favor: Scott Noriyuki ii. In opposition: None iii. Commenting: Max Steinbach iv. Written testimony: Scott Noriyuki, Applicant's Representative (in agreement w/staff report) Key Issue(s) of Discussion by Commission: i. Timing for the construction of the sidewalk along N. Black Cat Road between W. Malta Drive and W. Daphne Street. ii. Timing for the construction of W. Malta Drive. iii. The determining factors on the phasing plan of the project. iv. Reviewing and verifying compliance with the submitted home elevations. Key Commission Change(s) to Staff Recommendation: i. Commission modified DA provision F and condition of approval 1.2.1d to allow a portion of W. Malta Drive to be constructed with the approval of the 123rd residential permit. ii. Commission modified DA provision C to allow a portion of the sidewalk required with the first phase to be constructed as an interim 5 -foot wide walkaway and extruded curb along the west shoulder of N. Black Cat Road. Outstanding Issue(s) for City Council: L None Written Testimony since Commission Hearing: Scott Noriyuki is in agreement with all conditions of approval except for DA provision C. The applicant is requesting the Council modify this provision to allow the sidewalk extension to occur with the second phase instead of constructing an interim sidewalk as recommended by the Commission. Notes: III Ll ► 111 �: APPROVEITEM TITLE: Approve Minutes of September 23, 2014 City Council Special Joint Meeting 1,,TEETIVG• Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: November 5, 2014 ITEM NUMBER: Approve Minutes of October 21, 204 City Council PreCouncil Meeting MEETING NOTES p � r Community Item/Presentations Presenter Contact Info./Notes Cil -4A ►�/_%►� [•�C�1►�1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS November 5, 2014 ITEM NUMBER:5C PROJECT ITEM TITLE: APPROVE MINUTES Approve Minutes of October 21, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes Cf)�7-fjr@7yyC#jZj1►V_AMA[flI[f1►l1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS November 1 9111li " ELIL11kviI= A Approval of Street Light Maintenance Agreement with Three Corners Land Developments, LLC for Three Corners Subdivision No. 2 IIT, l:1 :19l1![02 Z [QI Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen, Transportation and Utility Coordinator DATE: October 28, 2014 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Barton [.r: e C oven r Genesis Wain y Charlie Rountree David Zarernba SUBJECT: APPROVAL OF STREET LIGHT MAINTENANCE AGREEMENT WITH THREE CORNERS LAND DEVELOPMENT, LLC FOR THREE CORNERS SUBDIVISION NO 2 A. Move to: 1. Approve the street light agreement with Three Corners Land Development, LLC for decorative lighting in Three Corners Subdivision No 2; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Three Corners Subdivision No 2 is located east of Locust Grove Road and south of Chinden Blvd. In lieu of installing standard shoebox fixtures along Three Corners Drive, the developer has installed non-standard decorative street lights. Photometric data has been provided, and these lights have been installed according to the Department of Public Works Improvement Standards for Street Lighting. This agreement provides for maintenance of the decorative street lights by the Homeowners Association with electrical costs to be paid by the City. Page I of 2 STRE ET LIGHT MAINTENANCE AGREEMENT: THREE CORNE RS SUBDIVISION Ie This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of _j 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and Three corners Land Development, LLC a limited liability partnership organized under the laws of the State of Idaho ("Developer"), whose address is 1746 East Dunwoody Court, Meridian, ID 83646. WHEREAS, pursuant to Meridian City Code section 11 -3A -21(B), the City generally maintains only shoebox- and cobrahead-style street lights, and requires that decorative street lights be maintained by the developer or homeowners association under a maintenance agreement duly executed with City; WHEREAS, Three Corners Subdivision NO 2 is a residential subdivision within the City of Meridian with eight (8)special-order, decorative street lights installed by Developer to satisfy the City of Meridian requirements for street lighting; and NOW, THE REFOR2E, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: A. City's commitments. From the Effective Date of this Agreement forward, City shall be responsible for paying Idaho Power Company for the provision of electricity required to operate the eight (8)street lights located in the Three Corners Subdivision NO 2. It is agreed that City will enter into a Schedule 41C Agreement with Idaho Power Company. Developer acknowledges that street lighting served under the Schedule 41C Agreement must be controlled by a photo electric device of the "fail off' type. A. Developer's commitments. From the Effective Date of this Agreement forward, Developer shall be responsible for: 1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the eight (8)street lights located in the Three Corners Subdivision NO 2. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the eight (8)street lights located in the Three Corners Subdivision NO 2 residential subdivision, and any component or appurtenance thereof. II. GENERAL PROVISIONS. A. Time is of the essence. Developer acknowledges that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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. B. heirs and assigns. It is understood and agreed that Developer will assign its rights and obligations under this Agreement to the Three Corners Subdivision NO 2 home- or property owners association when said such organization is formed. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding on Developer, City, the Three Corners Subdivision NO 2 home- or property owners association, and these parties' respective heirs, successors and assigns. C. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNWHEREOF, the parties hereto have executed this Agreement on this lam; day of-` ,.;r �` , 2014. A DaVld can z 9 ®®0`4R%0 Mt Aq 0000® P y N E J :® bUBL�(_ ®®®`") ®% ®•®® o 1V P ®o® ®°gegraee®000® T STREET LIGHT AGREEMENT: THREE PAGE 2 OF 2 STATE OF IDAHO ) ) ss: �ty of - ) I REBY CERTIFY that on this day of -� F � , 2014, before the undersigned, a Notary Public in the State of Idaho, personally appeared David Dean, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate 01st above written. Notary Public for Idaho Residing at '4601, -- , Idaho My Commission Expires: 9 1 d1 ctsv�,l Attg GS t,.>. 0 Jaycees. Holman, City Clerk $UBDIVIy,IOIjt { O 2} °4 ......T lice TRIR UT • • r November 1 NUMBER: APPROVALPROJECT NUMBER: ITEM TITLE: Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed amount of $78,000.00 Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS . s, To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer C: Jacy Jones, Tracy Crane Date: 10-29-2014 Re: November 5th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 5t" City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed amount of $78,000.00. Recommended Council Action: Approval of Contract Amendment to Weschem, Inc for the Not -To -Exceed amount of $78,000.00. Thank you for your consideration. Page 1 CONTRACTOR NAME: DEPARTMENT NAME: — WESCI-{EM, INC; WASTEWATER ADDRESS: ADDRESS: P G Box 4072 3401 N Ten Mile Rd Boise, ID 83711 Meridian, ID 83842 CURRENT CONTRACT INFORMATION: Contract name & Project No. -Bulk Ferric Cl7ioride–NiW-13-t0 #27 Amendment Date: 10-1-2014 Previous Amendments: 0 Current Contract pates, START: _ 10-1-2013 COMPLETION: 9-30-2014 Current Contract Amount (inclusive of Previous Amendments to Date): $76,000,00 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION -10 RENEW (Check all that Apply) __ Amondruont to Contract Pcrfoiniarfce X Amendment to Contract Dates X Amendment to Contract Amount Other; (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment); The City of Meridian Is opting to extend this contract for an additional one year, This Is the first year of the 3 (three) one year optional extensions. Weschem will quo raritee product pricing at 0.15/lb for an additional 12 months: Pricing Includes service If needed. See attached entail. NEW CONTRACT INFORMATION: Amendment Date: i t-5-2014 New Contract Dates: START: 10.1.2014 COMPLETION: 09 10 2015 Amount of Amendment Change, $7€3,0 Current Contract Amount (inclusive of Previous Amendments to date): 154,0Oi?_t30 ALL OTHERJERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITE° 'ER11DIAN AAS E MAYOR a�.a Dated: Council Approval Crate: Attest: , CITY CLERK � �-jet-• _.. _r P11`a Au<is. L, ii j J 9 04 WESCHEM, INC BY: Dated: 0 -- , - I Approved by City as to Content s BY. x KEIT S, PU ASING AGENT September 5, 2014 Mr. Tracy Crane Meridian Public Works Suite 200 33 Broadway Meridian, ID 83642 Re: Bid Extension Dear Tracy: w P.O. Box 4072 Boise, I® 83711 Office: 208-375-4001 Fax: 208-375-4002 This letter will serve to confirm pricing for extending Bid No. PW -13-0659e for ferric chloride. Weschem Inc. will guarantee pricing for this product at $0.15/lb. for a contract extension period of 12 -months. This includes service if needed. The ferric chloride is stocked locally and delivery's can be made within 24 hours. Please feel free to contact either me if you have any question. Best regards, Weschem Inc I6 - 11 Mark M. Plafcan Vice President CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 10/8/2014 REQUESTING DEPARTMENT Public Works - Wastewater Fund: 60 Department: Construction: Project Name: Project Manager: Tracy Crane Contractor/Consultant/Design Engineer: 3510 GL Account: 52015 PSA: x Bulk Ferric Chloride - Amendment No 1 Department Representative: Weschem Inc Budget Available (Attach Report): yes Contract Amount: Will the project cross fiscal years? Yes No x Project # Task Order: $78,000.00 Budget Information: FY Budget: 15 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes No If no please state circumstances and conclusion: Contract Amendment No (first year of three one year extension options). 10 Day Waiting Period Complete: PW License # na Corporation Status na Current? (attach print out) Goodstanding Date Award Posted: na na Insurance Certificates Received (Date): May 9, 2014 Rating: A+ Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes na No If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: { 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) x „ " 0 N a W � � H 0 N •N 0 m 4J G " •.i O v44 p" O N N q W N 41 b o o q � to 0 (d LO m � 0 " � w N N �i 44 0 1J U7 E N (d J m d) '4 H 0 0 a O O �G U N U C7 W � H E- m F1', E 0 w ro A H4 H OZ' a0 COO O U F P4 O CIE P, W P4 W A da 0 N 0 N 0 N H a ao ao w as 0 0 0 o O 0 0 o N N 0 0 O [7 O O O w l0 r -I wroa v p E w�a N o o m 0 C m N O h rl J.J • m o o m m m 0 M N O h h trr•a m W N N W WN N N `-' N N O o 0 0 0 " 0 Ln 0 Ln L i 0 y 0 0 0 0 N O N N r r r U Io O o w w W Ol O O 01 m •-) 1 Cl O O 01 T S m m ON m m m N G w w w m m m P0�1 d) '4 H 0 0 a O O �G U N U C7 W � H E- m F1', E 0 w ro A H4 H OZ' a0 COO O U F P4 O CIE P, W P4 W A da 0 N 0 N 0 N H IDSOS Viewing Business Entity IDAHOSECRETARY OF STATE E Viewing Business Entity Page 1 of 2 Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ C et a certificate of existence for WESCHEM INC._] [ Monitor WESCHEM INC. business filings ] WESCHEM INC. 10625 W BARNSDALE COURT BOISE, ID 83713 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 03 Feb 2014 State of Origin: IDAHO Date of 03 Apr 2003 Origination/Authorization: Current Registered Agent: MARK PLAFCAN 10625 W BARNSDALE CT BOISE, ID 83713 Organizational ID / Filing C148487 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 17 Feb 2014 Original Ellie: [ t ej Me Print/Oliew TIFF ] Filed 03 Apr 2003 INCORPORATION thew Image (PDF format) View Imac�(TIFF format) Annual Reports: [ Help Me PrintlView TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT IeTIFF format Report for year 2007 ANNUAL View Image PDF formats View REPORT Image (TIFF format Report for year 2006 ANNUAL REPORT View Document Online Report for year 2005 ANNUAL View Image (PDF format} View REPORT Image (TIFF format} Report for year 2005 CHNG View Image (PDF format View Image RA/RO STIFF formed http://www.accessidaho.org/public/sos/corp/Cl48487.html 10/28/2014 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2005 CHANGE View Image View ADDRESS LMa99-MEEformat Report for year 2004 ANNUAL View -Irn F format) View REPORT Image LTIEF fgjrnatj Report for year 2003 CHNG View Image (PDF format View Image RA/RO TIFF formatj Idaho SecretaLy—Qf States Main Page State of Idaho Hom - DmgPage Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://vrww.accessidaho.org/public/sos/corp/C 148487.html 10/28/2014 0 CERTIFICATELIABILITY A R INSURANCE5/9/2014 DATE (MWDD/YYYY) 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(ies) 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 Iieu of such endorsement(s). PRODUCER McGowan Insurance Group, Inc. 355 Indiana Avenue Suite 200 Indianapolis IN 46204 NAME• Adam Miholic PHONE (317) 464--5000 � t3i7S466-5001 E -M IL .adatnm@mcgowanina.cam INSURERS AFFORDING COVERAGE NAIC9 INSURERA -.Admiral Insurance Co 24856 INSURED Weschem, Inc, & Yoyodyne Proposion Systems, P.O. Box 4072 Boise ID 83702 INSURER B :FEDERAL INSURANCE COMPANY 20281 INSURER C; INSURER 0: INSURER E: INSURER F: 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, ILTa TYPE OF I AUULNSURANCE R POLICY NUMBER I POLICY EFF M C POLICY XP LIMITS GENERAL LIABILITY $ 1,000,000 EACH OCCU-UAM7E G T,5RRENCE r PREMISE E o' rrence 50000 $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one arson $ 5, 000 A CLAIMS -MADE ❑ OCCUR AM20141205 /12/2014 /12/2015 PERSONAL & AAV INJURY $ 1,000,000 X Pollution Liability X Professional. Liability GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS • COMP/OP AGO $ 3,000,000 X POLICY 0 PRO• LOC$ Ent NQLE L AUTOMOBILE LIABILITY ar�ddqOM BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per. accident) $ NED AUTOS AUTOSULED NON -OWNED PROPERTY DAMAGE $ f HIRED AUTOS AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4, GOO, 000 AGGREGATE $ 4,000,000 B EXCESS LIAO I CLAIMS -MADE DED I X I RETENTION $ 93637639 /12/2014 /12/2015 WORKERS COMPENSATION T - WC STATU- ER AND EMPLOYERS' LIABILITY Yr- E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE 1N E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? �� (Mandatory In NH) / A E.L, DISEASE -POLICY LIMIT $ It as, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, AddltlonalRemarks Schedule, if more space is ra"Ired) Blanket Additional Insured Completed Operations The following applies when required by written agreement: per form ECC -319-0712 on a Primary and Non -Contributory Basis per form ECC -548-0712, Blanket Waiver of Subrogation per form ECC -320-0712. Excess Liability follows form. City of Meridian 33 East Broadway Ave Suite 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Highum/ADAM 0 1988.2010 ACORD CORPORATION. All rights reserved. /Auunu as tcv i vr--I INS025 (201005).01 The ACORD name and logo are registered marks of ACORD • • r D November NUMBER: APPROVALPROJECT NUMBER: ITEM TITLE: ORDER 10353.b WWTP Approval of Task Order 10353.b to Brown and Caldwell for the "INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT" project for a Not -To -Exceed Amount of $291,700.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes 0A , 0` DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 10/30/2014 REQUESTING DEPARTMENT PW Fund: Construction: 60 Department: 3500 GL Account: 55000 Project # 10353 PSA: Task Order: X Project Name: INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Project Manager: Emily Skoro Department Representative: Contractor/Consultant/Design Engineer: Brown and Caldwell Budget Available (Attach Report): Yes Contract Amount: $291,710.00 Will the project cross fiscal years? Yes X No Budget Information: FY Budget: 15 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) 8A Typical Award Yes X No If no please state circumstances and conclusion: n/a 10 Day Waiting Period Complete: PW License # n/a n/a Date Award Posted Current? (attach print out) n/a Corporation Status Goodstanding Insurance Certificates Received (Date): September 26, 2014 Rating: A Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: October 30, 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) n/a TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer 11 DATE: September 24, 2014 Mayor Tammy de Weerd City Council Members# Joe Barton Keith Bird Who Cavener Brad Hoaglun Charles Rountree David Zaremba ► X 1111 J11 J �►1 I 1 1 ► 1 1 i7iI" 1) DI'DIFiX, A. Move to: 1. Approve Task Order 10353B with Brown and Caldwell for Infiltration Evaluation for Wastewater Effluent Management, for a not -to -exceed cost of $291,710.00. 1. Authorize the Mayor to sign the agreement. Emily Skoro, Staff Engineer H (Project Manager) 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Director of Public Works 489-0372 FNNNNVit CINI A. Back rg ound The wastewater treatment plant Facility Plan and the Recycled Water Master Plan recommend looking into infiltration of the wastewater effluent as a way of beneficially disposing of effluent year round. In a previous phase of this project, a wastewater effluent management evaluation took a comprehensive look at Page 1 of 3 "T effluent management options for the wastewater treatment plant and established a foundation for moving forward with the appropriate effluent management option. After the initial analysis, it was determined that we should move forward with potential property identification and site analysis. B. Proposed Pro„lect Brown and Caldwell will assist the City with the identification of up to three sites to be assessed as potential infiltration facilities. Once identified and site access has been negotiated, BC will complete a phased infiltration evaluation, assessing the selected target property through on-site testing and estimating the site capacity for infiltration of treated wastewater effluent. C. Consultant Selection a. Brown and Caldwell was chosen for this project due to their expertise in infiltration and other effluent management options. Brown and Caldwell was also selected as a qualified firm to provide consultant services for Reclaimed Water Program Development, Design, Etc. and they hold a Master Agreement for services over $25,000. A. Strategic Impact: This activity aligns with our department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the Wastewater Treatment Plant. When combined with other technologies, such as biosolids management and beneficial reuse, the department's vision for the year 2030 could be realized. B. Fiscal Im acct: Project Costs Phase 1 Consultant Agreement (FY 14) Phase 2 Consultant Agreement (FYI 5) Total Cost Prokg Funding Professional Services (FY14) (3500-55000) Professional Services (FY15) (3500-55000) Total Funding Available Page 2 of 3 $111,305.00 $291,710.00 $403,015.00 $150,000.00 $300,000.00 $450,000.00 VI. TIME CONSTRAINTS Council's approval will allow this project be completed in fiscal year 2015. VII. LIST OF ATTACHMENTS A. 'Task Order No. 10353B. Department Approval; Page 3 of 3 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Emily Skoro Date: 10/30/2014 Re: November 5'" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 5�' City Council Consent Agenda for Council's consideration. Approval of Task Order 10353.b to Brown and Caldwell for the "INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT" project for a Not - To -Exceed amount of $291,710.00. Recommended Council Action: Award of Task Order 10353.6 to Brown and Caldwell for the Not -To -Exceed amount of $291,710.00. Thank you for your consideration. Page 1 Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN This Task Order is made this 5t" day of November, 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", and accepted by Brown & Caldwell, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 8A) between the above mentioned parties dated September 18, 2012. The Project Name for this Task Order 10353.13 is as follows: • • • .TIT- The following scope of work outlines Brown and Caldwell's (BC) recommended steps for the City of Meridian's (City) further evaluation of infiltration as a wastewater effluent management option. This effort will build upon the results presented in the City of Meridian Wastewater Treatment Plant (WWTP) Infiltration Study Technical Memorandum (TM) dated June 20, 2012, and Phase 1 of the example Action Plan. BC will assist the City with the identification of up to three sites to be assessed as potential infiltration facilities. Once identified and site access has been negotiated, BC will complete a phased infiltration evaluation, assessing the selected target property through on-site testing and estimating the site capacity for infiltration of treated wastewater effluent. For this study, a suitable property is considered a tract of land within the City's impact boundary (and Ada County) with sufficient land area and geologic and hydrogeologic properties to infiltrate the City's 2023 WWTP design flow of 28 million gallons per day without adversely affecting public or environmental resources. A final TM will include recommendations for future site development (engineering and permitting) and a summary of the effort, results, and work products from this scope of work. The final TM will consist of a summary of interim deliverables noted in the project tasks below and incorporate topic -specific TMs as attachments. Concurrent with site screening and testing, BC will assist the City with a public outreach program (Program) focusing on the infiltration option and regulatory coordination (State and Federal) in regard to infiltration as a WWTP effluent management option. Key project objectives include the following: Public Outreach. Educating and messaging public stakeholders to emphasize the local water and wastewater issues, the need for this project, and why this project is essential to community growth and sustainability. Regulatory Coordination. Idaho does not have any large-scale reclaimed water groundwater recharge projects that have gone through the permitting process. One facility, in Wendell, is in a pilot phase to assess groundwater recharge capacity. To streamline the permitting process, regulatory agencies will be engaged early as part of the project team. BC will provide regulatory liaison services between the City and permitting Task Order 10353.6 Infiltration Evaluation for Wastewater Effluent Management Page 1 of 7 BROWN & CALDWELL agencies and develop a roadmap of project tasks, submittals, and a timeline for permitting the overall project. Site Screening. Perform screening -level work to provide a preliminary estimate of site infiltration potential. Environmental data, including published GIS data sets, historical reports, and well logs, for the area will be reviewed to develop a conceptual model of site hydrogeologic conditions. Site Testing, Site testing will provide a preliminary estimate of infiltration capacity. A phased approach for site testing will begin with the excavation of shallow test pits to assess surface conditions. If surface conditions appear favorable, monitoring wells will be installed and deeper (to approximately 150 feet) conditions will be assessed. Task 1.0 Regulatory, Stakeholder, Public Outreach Efforts, and Management Objective. This task includes all regulatory, stakeholder, public outreach efforts, and management for efficient utilization of resources for the project. This task includes technical and financial management of the contract, acting as liaison with the City, the project team, and external stakeholders. Approach. The following tasks will be performed as part of this effort: Regulatory Coordination Tasks 1. Initiate meetings with a primary list of regulatory agencies including Idaho Department of Environmental Quality (IDEA), U.S. Environmental Protection Agency (EPA), and Idaho Department of Water Resources (IDWR). Other agencies that will require less coordination, but will need to remain informed for planning decisions, include the local irrigation districts. The objective of this coordination is to identify issues and establish the regulatory path moving forward up to the point where a Reuse Permit pre -application process would occur. BC will coordinate point of contact for all regulatory agencies with the City's approval prior initiating contact with the regulatory agencies. 2. Based on IDEQ reuse rules, implementing an infiltration system would constitute a "Major Modification" to the City's Reuse Permit, requiring the same process as a "new" permit. Thus, IDEA should be engaged early on in the studies to identify the process for amending the existing permit and permit conditions. Information obtained from this effort would be used in support of the Reuse Permit modification. 3. The EPA will likely be interested in learning about project details as they become available due to the likelihood of the suitable property(ies) being within the Boise River drainage. Once site details are known, BC recommends contacting the EPA and presenting project information for comment. In the event a jurisdictional waterway is near the proposed site(s), the EPA will likely be interested in understanding the connectivity of surface and groundwater. Information obtained from the coordination effort will then be integrated into the IDEA Reuse Permit modifications in the event infiltration is determined to be the/a management option for treated effluent discharge. Public Outreach Tasks Assist with the development of a public outreach process to present the risks and benefits of this process to the public and receive public input on future efforts. BC will assist the technical and regulatory process of the Program. 2. Work directly with the Program team to implement the public outreach process. BC has included a $4,000 "placeholder" for RBCI as a subconsultant to BC for this effort. 3. Three public outreach meetings and assistance with preparing PowerPoint presentations. It is BC's understanding that RBCI will work directly with the City and BC to design a program. Task Order 10353.8 Infiltration Evaluation for Wastewater Effluent Management Page 2 of 7 BROWN & CALDWELL Project Management Tasks 1. All communication from BC to external stakeholders regarding the project will include the City project manager (PM) or designee. 2. BC's PM will coordinate directly with the City to provide monthly project status reports with project invoicing. During critical periods, we anticipate updates may be on a weekly basis via email or phone calls. 3. As this project has the potential to be very dynamic, BC will develop a project management plan as an initial deliverable. This plan will outline responsibility and process to document any and all requested changes to the scope of work using a Project Change Request form. The City will review all changes and provide BC with written approval prior to modifying the existing scope, schedule, and budget and prior to proceeding with any new or unscoped work activities. ® Provide timely reviews of products and decisions on issues critical to scheduled progress. ® Coordinate collection of comments and resolution of any conflicting comments from all City reviewers prior to returning to BC. ® Work directly with RBCI to design a public outreach program. Work Products. Deliverables for these tasks include the following: ® Project Management Plan ® Monthly progress reports with invoices (weekly during critical periods) ® Project summary and background materials, including GIS -based maps of the area, geologic cross sections, and process flow diagrams used to convey technical elements of the project design during public outreach and regulatory meetings. ® Draft and final (following one round of review by the City) TM summarizing regulatory coordination findings that will be used in support of the Reuse Permit modification. The TM will include a listing of identified submittal requirements to begin the permit application process, agency roles, and review requirements. Task 2.0 Property Site Investigations Objective. Identify up to three tracts of land that fall within the targeted infiltration area and possess acreage requirements suitable for infiltrating the design flow. This step includes site maps and summary information that will support the City's efforts to secure property access agreements that include the right to proceed into a purchase agreement in the event favorable conditions are identified. Site-specific work plans for investigating the property will be prepared by BC prior to execution of the access agreements. After identifying site(s), BC will proceed with a systematic hydrogeologic investigation. Stakeholder updates (public outreach program and regulatory coordination) efforts will be concurrent with this task. While property -specific testing plans and procedures will be developed, the following general approach will be followed. The budget presented is a range for planning purposes, and as more details are obtained on available properties, the scope and costs will be further refined. Approach. The following activities will be completed as part of the Site Investigations. Preliminary Site Investigations — Multiple Properties (up to three sites) After a target property is identified, BC will develop a site-specific scope of work to evaluate the hydrogeologic conditions. To the greatest extent practicable, BC will utilize existing data, such as well logs and regional hydrogeologic interpretations to develop a conceptual hydrogeologic model of the site. Reference for existing data search will include consultation with the City for potential as -built information in the area of interest. In general, sites will be assessed by excavating test pits to assess shallow soils and near -surface infiltration capacity with test borings and monitoring wells to provide insight to deeper lithologic conditions and groundwater quality. Hydraulic testing may include infiltration Task Order 10353.13 Infiltration Evaluation for Wastewater Effluent Management Page 3 of 7 BROWN & CALDWELL tests within the test pits, drill string infiltration tests, and slug and/or pumping tests of the monitoring wells. 2. Perform Detailed Subsurface Testing at Selected Site (one site) Soil test pits will be excavated to assess uppermost soil conditions and provide preliminary infiltration rates. For each site, approximately 5 days of test pit excavation and hydraulic testing is anticipated. Samples will be collected from the test pits to assess the engineering properties of the soils; however, samples will be held for analysis until the completion of deeper drilling is completed and results indicate favorable deep percolation capacity. Sample results for grain size distribution and modified proctor testing will support infiltration estimates as well as geotechnical design components such as basin berm compaction and slope requirements. Upon confirmation of favorable shallow conditions, sonic drilling methods will be used to continuously log soil conditions and to construct site monitoring wells. Based on previous project experience in this area, we anticipate an approximate maximum drilling and well depth of 150 feet. Drilling efforts will be completed by a licensed drilling contractor and under the direction of a licensed geologist. BC will observe the drilling activities, characterize the soils following ASTM and United Soil Classification System standards, and determine well construction details based on field observations. Samples will be collected from each boring at a minimum of 10 -foot intervals or at observed changes in lithologic conditions. Select samples will be analyzed for grain size distribution analyses. The process will begin with one boring/well, and if favorable conditions are identified, two additional borings/wells will be advanced. Borings will be spaced such that property geology and groundwater flow direction can be determined. ® Monitoring wells will be constructed to intersect the uppermost water table with sufficient screen lengths to accommodate seasonal variability in water levels. To remove fine-grained sediment entrained in the well during construction, a submersible pump will be used to surge and purge the wells until discharge is visibly free of fines. For budgeting purposes, we estimate a total of 25 grain size distribution tests and 10 modified proctor tests per site. ® Dig Line, Inc. will be contacted prior to drilling to identify subsurface utilities in the investigation areas. BC will also attempt to identify private subsurface utilities at the investigation sites by coordinating with property owners. Due to the uncertainty in subsurface utility locations on a site, the potential exists for impacting a utility during testing. In the event an unmarked utility is damaged through the subsurface testing, BC will work with the City and property owner to resolve the issue, but BC will not be responsible for the costs associated with damages resulting from an unmarked utility. BC's drilling subcontractor will obtain well permits from IDWR. Monitoring wells will be surveyed for location and top of casing elevation following installation. Sample groundwater wells (and possibly on-site domestic and/or irrigation wells) for primary and secondary constituents (6 samples total). One round of sampling is planned. Pending feedback received during regulatory coordination efforts, a long-term water level monitoring and groundwater sampling program may be recommended. Under Section 39-120, Idaho Code, the IDEQ is designated as the primary agency to coordinate and administer water quality protection programs and has established minimum requirements for protection of groundwater quality through standards and an aquifer categorization process. Water quality requirements for primary and secondary constituents are provided in Idaho Administrative Procedures Act 58.01.11. ® Preliminary estimates of site infiltration capacity will be derived from test pit infiltration tests, drill string infiltration tests, and geotechnical sample results. Up to six shallow infiltration tests using potable water will be completed in test pit excavations. Tests will be completed using one of two methods (falling head or constant head), depending on site conditions, and will occur over a period of 1 to 3 hours. Once testing is complete, pits will be backfilled and site conditions will be restored. Drill string testing will be performed at approximately 25 to 50 foot intervals or when significant changes in lithologic conditions are observed. Drill string testing Task Order 10353.13 Infiltration Evaluation for Wastewater Effluent Management Page 4 of 7 BROWN & CALDWELL will be completed using potable water and either falling head or constant head testing methods. Additional permeability data may be obtained from monitoring water levels and discharge during well development activities. ® Evaluate property and adjoining land for environmental conditions and compliance. Specifics include identifying wetlands and waters of the United States, critical habitat, compliance concerns, and sensitive receptors within the immediate area surrounding the site. City Responsibilities. • The City will assist BC in reviewing mapped properties in the preferred area to identify properties/owners (BC recommends the City contract with a real estate agent for point -of -contact with property owners and knowledge of willing sellers in the study area), and BC will assist the City with negotiating site access. • The City will provide legal counsel for access agreements. • Property access agreements for investigations will be obtained for all properties prior to initiation of fieldwork by the City with assistance from BC. • Property investigations will occur sequentially following receipt of access agreements. • Site-specific access fees ("trespass fee") and crop damage is to be paid by the City. Deliverables: Deliverables for this effort include the following: • Draft and final site screening letter reports. • Draft and final property work plans for subsurface testing. • Maps and process flow diagrams to assist with access agreements (up to 3 sites). • Draft and final TM summarizing field operations, site conditions, property suitability for infiltration of design flow, and recommended next steps in support of regulatory approval. • Legal counsel support for water rights or other project -related legal efforts will be supplied by the City. • A Point of Compliance application is not covered under this Scope of Work. If infiltration as the/a management option is selected, a separate Scope of Work and associated budget would be prepared to cover this application. • Budget assumes the following regulatory meetings: — Two meetings with the IDEA -City -BC — Two meetings with the IDWR — One teleconference with the EPA — Two meetings with local irrigation districts • Property investigations occur within the area identified within Technical Memorandum - City of Meridian WWTP Infiltration Study dated June 20, 2012. • A site-specific Health and Safety Plan will be prepared prior to initiation of fieldwork. • BC will have access to investigation properties during daylight hours. • Monitoring well drilling estimates are based on a depth to groundwater of 100 feet, depths of borings not exceeding 150 feet, and sonic drilling methods. In the event a different drilling technique (e.g., rotary drilling) is necessary to obtain subsurface data, the costs will likely be different and BC will review and modify costs for City approval. • One geologist will oversee drilling operations. • Sampling crews will consist of a 2 -person crew. Task Order 10353.13 Infiltration Evaluation for Wastewater Effluent Management Page 5 of 7 BROWN & CALDWELL • Cost estimates include drilling, analytical laboratory services, and light construction (e.g., backhoe) as subcontractors to BC. • Monitoring wells will be constructed of 2 -inch (inner diameter) polyvinyl chloride consisting of solid riser pipe and one 20 -foot -long screen section plus end cap. • Monitoring wells shall be sealed from the surface to the low permeability layer closest to the screened section to protect against surface water contamination and to prevent the connection of waters of different chemistry and pressure which are naturally separated. • Water supply for drilling and permeability testing will be available on-site at the time of fieldwork. • One mobilization/demobilization will occur for drilling and well installation. • Investigation study is based on unconsolidated material in both saturated and unsaturated zones. • The overall budget includes labor escalation increase for scope continuing after January 1, 2015. • The scope for the Program has the potential to be very dynamic at this point. As such, the budget for these tasks is an estimate based on unknown site conditions. Prior to proceeding on detailed subsurface testing at a selected site (one site), BC will review scope and budget assumptions for City approval before work proceeds. The following schedule is based on a Notice to Proceed (NTP) from the City by November 2014 and resulting in all tasks being completed by September 2015. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Regulatory, stakeholder, public outreach efforts, and management September 2015 Regulatory Coordination $29,350.00 Public Outreach $46,000.00 Project Management $27,000.00 2 Property site investigations September 2015 Preliminary Investigation (mulitple sites) $20,000.00 Test Pits (one site) $44,360.00 Soil Borings and Monitoring Well Installation (one site) $90,000.00 Groundwater Monitoring (one site) $20,000.00 Environmental Review and Reporting (investigation TM) $15,000.00 TASK ORDER TOTAL $291,710.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10353.6 is Two hundred ninty-one thousand, seven hundred ten dollars ($291,710.00). 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. Task Order 10353.6 Infiltration Evaluation for Wastewater Effluent Management Page 6 of 7 BROWN & CALDWELL BY: TAMMY de Wg MAYOR 3 Dated: Approved by Council: Atte OLMAN, CITY CLERK Purchasing Anor value BY: KEITH-W&Ts, Puvrc-libs-lng Manager City Project Manager Emily Skoro Dated: C i ty "A' C -WARREN STEWART, Engineering Manager Dated:� /031,1 Z4_ _ Task Order 10353.8 Infiltration Evaluation for Wastewater Effluent Management Page 7 of 7 BROWN & CALDWELL ACOR 1 0 CERTIFICATE OF LIABILITY INSURANCE5/31/2015 DATE (MM/DD/YYYY) 9/24/2014 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 LOC1Cton Companies CONTACT PHONE FAX E 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 E-MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY Y INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Comma 19682 5/31/2014 INSURED BROWN AND CALDWELL INSURER B: HarlfQrd InsUrancQ CQ Qf the Midwest 37478 INSURER C: Lloyds of London 1051212 AND ITS WHOLLY OWNED SUBSIDIARIES INSURER D: AND AFFILIATES 201 NORTH CIVIC DRIVE, SUITE 115 WALNUT, CREEK CA 94596 INSURER E: INSURER F COVERAGES * CERTIFICATE NUMBER: 13127482 REVISION NUMBER: XXXXXXX 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 OF INSURANCE ADDL SD SUBR D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 37CSEQUI172 5/31/2014 5/31/2015 EACH OCCUBREUgE s 2,000,000 DAMAGE TO PREMISES (Ea occurrence) $ 2,000,000 CLAIMS -MADE OCCUR MED EXP (Any oneperson) PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO - LOC PRODUCTS - COMP/OP AGG s 4,000.Q00 $ OTHER: A AUTOMOBILE LIABILITY Y NT 37CSEQUI 173 5/31/2014 5/31/2015 COMBINED SINGLE LIMIT $ (Ea accident) 2,000,000 BODILY INJURY (Per person) $ XXXXXXX X ANYAUTO BODILY INJURY Per accident XXXXXXX ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $XXXXXXX X X NON -OWNED HIRED AUTOS AUTOS $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE AGGREGATE $ XXXXXXX DED I I RETENTION $ $ xxxxxxx B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑N OFFICER/MEMBER EXCLUDED? N N/A N 37WNQUI170 37WBRQUI171 5/31/2014 5/31/2014 5/31/2015 5/31/2015 X S TATUTE1 JER E.L. EACH ACCIDENT $ 1 0.000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ C PROFESSIONAL N N LDUSA1400482 5/31/2014 5/31/2015 $1,000,000 PER CLAIM & LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: COM WW COLLECTION TREAT ENG 2A MSA, BC SID: 48605. CITY OF MERIDIAN IS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO LIABILITY COVERAGE, WHERE REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION 13127482 MER -16 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MERIDIAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CITY PURCHASING AGENT ACCORDANCE WITH THE POLICY PROVISIONS. MERIDICAN CITY ACCOUNTING - KATHY WANNER 33 EAST BROADWAY AVE. AUTHORIZED REPRESENTAT E MERIDIAN ID 83642 ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD N N o _Q CN Q It coz CCUN cl > (D c ER w 0c) IMU 0 (U - M' • =="C v O U m J } 72 ° ❑ M U M W tt M O LO N ) � // vJ U O U c ti M �C co (� m 0 C �: N M m M W w p > m I— C t�O c• o 'y � v C W a0 C w t5 0 0 "Ic3 M }' G W O o � M C 6 W Z a 1: M LL N } n o 1 W Q m ❑ c 00 �t v m O Q oQ ❑ N N F w w 0W iU. LU P Cl) T a "' F— C) tt M O LO N ) � // vJ U O U c ti M �C co (� m 0 C �: N M m M W w p > m I— C t�O c• o 'y � v C W a0 C w t5 0 0 "Ic3 M O o Z M O N n �t O O � � P 0- O 0 LL Q v/ O O I 1 1 1 1 1 O C 1 1 1 •C G • Ur M t? 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LL1 0` c `m �+ E° Q Q Y IT D LLu oa 4- O m U oma' Q,® Z E 0 I— N ♦�19 v CL °° 0 VI W O W w H a= O E E ® c m b 9.: W u3i u) T' u Z O �: IDSOS Viewing Business Entity Page 1 of 3 IDAHO SECRETARYE STATE f Viewing Business Entry � Ben Ysursa, Secretary of State [ New Search) [ Back to Summary ) [ Get a certificate of existence for BROWN AND CALDWELL ] [ Monitor BROWN AND CALDWELL business filings ] BROWN AND CALDWELL 201 NORTH CIVIC DRIVE SUITE 115 WALNUT CREEK, CA 94596 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 01 May 2014 State of Origin: CALIFORNIA Date of 30 Jul 1975 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C51813 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 16 Jun 2014 [ Help Me Print/View TIFF ) Filed 30 Jul 1975 CERTIFICATE OF AUTHORITY [el Me Print/View TIFF ) Amendment Filed 30 Jul 1975 OTHER - RA Amendment Filed 29 Oct 1975 OTHER - CHG RA Amendment Filed 23 Oct 1978 MERGED WITH J. B. GILBERT AND ASSOCIATES Amendment Filed 13 Nov NAME CHANGED TO BROWN AND CALDWELL 1978 Amendment Filed 13 Nov STOCK CHANGE 1978 Amendment Filed 13 Nov MERGED WITH CAMANCHE LAKE PARK 1978 Amendment Filed 13 Nov MERGED WITH J.B. GILBERT AND ASSOCIATES 1978 Amendment Filed 13 Nov STOCK CHANGE 1978 Amendment Filed 30 Nov OTHER - CHG RA 1978 Amendment Filed 04 May MERGED WITH AUTOMATED DRAFTING http://www.accessidaho.org/public/sos/colp/C51813.html 10/30/2014 November PROJECT NUMBER: ITEM TITLE: AGREEMENT WITH TASER INTERNATIONAL Agreement with Taser International for the Purchase of Law Enforcement Body Worn Camera Systems and Associated Hardware and Support Systems. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D, November 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AGREEMENT FOR PROFESSIONAL Agreement for Professional Services with Kathy Drury -Bogle for Training Development and Delivery Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of_444ev- , 2014, 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 KATHY DRURY-BOGLE CONSULTING, LLC, hereinafter referred to as "KATHY DRURY- BOGLE CONSULTING, LLC", 4222 S. Pinerest Way, Boise, Idaho 83716. Scope of Services: KATHY DRURY-BOGLE CONSULTING, LLC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2015 unless earlier terminated or extended. 3. Indemnification and Insurance: KATHY DRURY-BOGLE CONSULTING, LLC shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by KATHY DRURY-BOGLE CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. KATHY DRURY-BOGLE CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, KATHY DRURY-BOGLE CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, KATHY DRURY-BOGLE CONSULTING, LLC shall maintain Workers Compensation Insurance, in the statutory limits as required by law. KATHY DRURY-BOGLE CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing KATHY DRURY-BOGLE CONSULTING, LLC's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, KATHY DRURY-BOGLE CONSULTING, LLC shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page I of 5 Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, KATHY DRURY-BOGLE CONSULTING, LLC shall be acting as an independent contractor, and neither KATHY DRURY-BOGLE CONSULTING, LLC nor any officer, employee or agent of KATHY DRURY-BOGLE CONSULTING, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: KATHY DRURY-BOGLE CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses KATHY DRURY-BOGLE CONSULTING, LLC for the same or additional training then a new Scope of Work shall be prepared and incorporated by reference with this Agreement. 7 Method of Payment: KATHY DRURY-BOGLE CONSULTING, LLC will invoice the City of Meridian Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 8 Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City Cleric City of Meridian Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 KATHY DRURY-BOGLE CONSULTING, LLC 4222 Pinerest Way Boise, Idaho 83716 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. Human Resources Consulting Agreement - KATHY DRURY-13OGLE CONSULTING, LLC — page 2 of 5 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that KATHY DRURY-BOGLE CONSULTING, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, KATHY DRURY-BOGLE CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. 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 KATHY DRURY-BOGLE CONSULTING, LLC' S records with respect to all matters covered by this Agreement. KATHY DRURY-BOGLE CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 3 of 5 16. Compliance with Laws: In performing the scope of services required hereunder, KATHY DRURY-BOGLE CONSULTING, LLC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of KATHY DRURY-BOGLE CONSULTING, LLC's compensation, which are mutually agreed upon by and between the CITY and KATHY DRURY-BOGLE CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, KATHY DRURY-BOGLE CONSULTING, LLC, 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 KATHY DRURY-BOGLE CONSULTING, LLC of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. KATHY DRURY-BOGLE CONSULTING, LLC may terminate this agreement at any time by giving at least fifteen (15) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by KATHY DRURY-BOGLE CONSULTING, LLC under this Agreement shall, at the option of the CITY, become its property, and KATHY DRURY-BOGLE CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, KATHY DRURY-BOGLE CONSULTING, LLC shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by KATHY DRURY-BOGLE CONSULTING, LLC, and the CITY may withhold any payments to KATHY DRURY-BOGLE CONSULTING, LLC for the purposes of set-off until such time as the exact amount of damages due the CITY from KATHY DRURY-BOGLE CONSULTING, LLC is determined. This provision shall survive the termination of this agreement and shall not relieve KATHY DRURY-BOGLE CONSULTING, LLC of its liability to the CITY for damages. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 4 of 5 20. 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. 21. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. KATHY DRURY-BOGLE CONSULTING, LLC. C 1 Kathy Dr u yrogle Manager CITY OF MERIDIAN B _N Tamm eerd, Mayor Attest: Cit" of _A4 je-°�'r h��14ii.l?zro. IDAHO Jaycee Dolman, City Clerk Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 5 of 5 4NERINUN Scope of Work To create an employee development program. Delivery of content developed may also be within scope of this contract. Kathy Drury -Bogle will work up to 20 hours per month, working either at home office or on-site at City of Meridian during regular Monday through Friday week day hours. Additional hours or reduction of hours can be negotiated on an as -needed basis. Services Requested The services requested by Kathy Drury -Bogle Consulting, LLC, will include but will not be limited to the following: ■ Review of existing training content ® Identify course content and develop descriptions ® Develop course materials (Facilitator and Participant) and customize to City of Meridian's needs ® Make course material purchase recommendations for external resources to align with program requirements ® Deliver courses to employees ® Train internal staff to deliver courses ■ Provide ongoing support on utilization of employee training programs / curriculum ■ Utilize purchased curriculum and design, develop, and customize a facilitator guide, PowerPoint presentation, and worksheets/handouts for City selected training courses. Courses will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. ® Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups. ® Dates will be determined by both the City of Meridian schedule and Kathy Drury Bogle Consulting availability. Roles and Responsibilities of the City of Meridian ® Provide purchased curriculum and information needed to adequately customize the course for your needs. ® Provide timely feedback regarding course materials regarding any revisions you wish to be made. ® Provide the training goals/objectives. ® Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector — if you would like a PowerPoint slide show to support the class), TV and DVD player. ® Provide timely payment of services (within 45 days of the final service) Cost: Fee Schedule ® Hourly rate of $100.00 DATE: ♦- 5, 2014 ITEM NUMBER: 51 alloltj*", kit I I & 1-4 =1 License Agreement with Ada County Highway District (ACHD) to Allow City Utilization of ACHD-owned Fiber Optic Conduit Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l Public �, ` 1 WorksDepartment TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer II DATE: October 30, 2014 Mayor Tammy de Weerd City Council Memberss Charlee Rountree Keith Bird Joe Borton Luke Caverner Genesis Milam David Zaremba SUBJECT: LICENSE AGREEMENT WITH ADA COUNTY HIGHWAY DISTRICT FOR USE OF FIBER OPTIC CONDUIT I. RECOMMENDED ACTION A. Move to: 1. Approve the License Agreement with Ada County Highway District to allow City utilization of ACRD -owned fiber optic conduit. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II............................................................................489-0356 Clint Dolsby, Asst. City Engineer.......................................................................489-0341 Warren Stewart, PW Engineering Manager ........................................................489 -0350 Tom Barry, Director of Public Works.................................................................489-0372 III. DESCRIPTION A. Back This project will install fiber optic lines from the Wastewater Treatment Plant (WWTP) to the Water Division and the Water Division to City Hall. Dedicated fiber optic line between the Water Division, Wastewater Division, and City Hall will improve the speed, reliability, and security of communications within the Supervisory Control and Data Acquisition (SCADA) System. Page I of 2 LEGEND (See Standards For Specifics) Existing Fiber Optic Conduit New Fber Optic Conduit New Ph obia Water Main B, SS New Sanitary Sewer Main 2 3 .L. of Roadway -� ExisOng Edge of Pavement or Gravef Existing orcin or Irrigation PipeEG Existing Ditch or Flow line �.E Existing Property Line f MBS �.X- Exs[ng Vince ad Got. -.-2 y.X ch -C- or L Exstng Uttty Us With Initial EAnking C n t S d Ik E,daUnq CurbG tt r ad Ede III b� m Fiber Junction Box O e Existing nd New Water Valve Asphalt Repair Existing and New Water Meter p_ Fire Hydrant Concrete Repair Fight Pole }---3 Utility Pole With Anchor 3.-6. FIBER OPTIC CONDUIT Sign @ QO Existing and New Manholes €3 ❑ CArti, and New Catch Basin (�1F,e xe° Deciduous And Evergreen Tree t {� Deciduous And Evergreen Bushes Existing Bui[ding • Sprinkler Box O Telephone Riser © Revision Note Asphalt Repair �l.1 LV Grovel Repair Concrete Repair H Lawn Set Repair CITY OF MERIDIAN CONSTRUCTION PLANS FOR PUBLIC WORKS FIBER OPTIC LINE PHASE 1 CITY HALL TO WATER DIVISION AUGUST 2014 NOTE: COORDINATES SHOWN WERE ESTABLISHED FROM THE HAD 83 IDAHO STATE PLANE MODIFIED TO THE ADA COUNTY LOCAL GIS COORDINATES, ALL ELEVATIONS ARE BASED ON THE III BE DATUM. CONTRACTOR SHALL BE RESPONSIBLE FOR HAVING AN IDAHO P.LS. REFERENCE AND REPLACE ALL DISTURBED LAND MONUMENTS. SHEET INDEX U z Street Construction 1. TITLE SHEET aNG Z 2. CONSTRUCTION NOTES/DETAILS H Engineer •wares the DMda1 that the pore of. la all Ds irid 3.-6. FIBER OPTIC CONDUIT C6 1 Z 7- EROSION AND SEDIMENT CONTROL E- X11 O of the imposoment plans by the Dabint does not repave the geg•lered EnEngyip}erpo,f{,�h��/yj�`-responsiMLles a. B. NETWORK DIAGRAM d /N. ick-2tj.t4( 9. WATER DNISION FIBER TERMINATION RYAD GATE ADA COUN HIGHWAY DISTRICT G`AHIGHWAY �. W W m W 0 10. CITY HALL FIBER TERMINATION 1=1010 �rrlll•r ��rrr �'1� '�� 11� � '....',. ■ rr z<I THE ENGINEER OF RECORD CERTIFIES THAT THE PIANS m 56 O M Z ee O Y d �• ACHD POLICY AND STANDARDS IN EFFECT AT THE TIME OF PREPARATION THE ENGINEER ACKNOWLEDGES THAT ACHD U I a'^om F �3 THE DESIGN. ALL VARIANCES FROM ACHD POLICY SHALL BE THE V NOTE: CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION 5 NOTE: COORDINATES SHOWN WERE ESTABLISHED FROM THE HAD 83 IDAHO STATE PLANE MODIFIED TO THE ADA COUNTY LOCAL GIS COORDINATES, ALL ELEVATIONS ARE BASED ON THE III BE DATUM. CONTRACTOR SHALL BE RESPONSIBLE FOR HAVING AN IDAHO P.LS. REFERENCE AND REPLACE ALL DISTURBED LAND MONUMENTS. SHEET INDEX U z Street Construction 1. TITLE SHEET aNG Z 2. CONSTRUCTION NOTES/DETAILS H Engineer •wares the DMda1 that the pore of. la all Ds irid 3.-6. FIBER OPTIC CONDUIT C6 1 Z 7- EROSION AND SEDIMENT CONTROL E- O of the imposoment plans by the Dabint does not repave the geg•lered EnEngyip}erpo,f{,�h��/yj�`-responsiMLles a. B. NETWORK DIAGRAM d /N. ick-2tj.t4( 9. WATER DNISION FIBER TERMINATION RYAD GATE ADA COUN HIGHWAY DISTRICT G`AHIGHWAY �. W W m W 0 10. CITY HALL FIBER TERMINATION z<I THE ENGINEER OF RECORD CERTIFIES THAT THE PIANS m 56 O M Z ee O Y d �• ACHD POLICY AND STANDARDS IN EFFECT AT THE TIME OF PREPARATION THE ENGINEER ACKNOWLEDGES THAT ACHD U w a'^om F �3 THE DESIGN. ALL VARIANCES FROM ACHD POLICY SHALL BE THE V NOTE: CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION 5 ca e DISTRICT A MINIMUM OF 72 HOURS PRIOR TO STARTING APPROVED FOR THE PROJECT: NONE, CONSTRUCTION. m rn i a APPROVED FOR CONSTRUCTION � o MERIDIAN PUBLIC WORK$ V U O P oca., Plans Are Accepted For Public z Street Construction By sloping and signing be improremenL plans, Da Registered Engineer •wares the DMda1 that the pore of. la all Ds irid •L s. Warinesor eai,. most be ilion- policies and slondoNs, spx Z f yand prewoni approved by he District in waling. he,optance O of the imposoment plans by the Dabint does not repave the geg•lered EnEngyip}erpo,f{,�h��/yj�`-responsiMLles Q d /N. ick-2tj.t4( r 7. RYAD GATE ADA COUN HIGHWAY DISTRICT G`AHIGHWAY �. W W m W 0 THE ENGINEER OF RECORD CERTIFIES THAT THE PIANS m 56 O M Z ee ARE PREPARED IN SUBSTANTIAL CONFORMANCE WITH THE Y d �• ACHD POLICY AND STANDARDS IN EFFECT AT THE TIME OF PREPARATION THE ENGINEER ACKNOWLEDGES THAT ACHD !r Fy ASSUMES NO UABRJTY FOR ERRORS OR DEFICIENCIES IN F O THE DESIGN. ALL VARIANCES FROM ACHD POLICY SHALL BE THE V ? APPROVED IN WRITING. FOLLOWING VARIANCES. LISTED BY DATE AND SHORT DESCRIPTION, WERE C APPROVED FOR THE PROJECT: NONE, m i IL CALL DIGUNE SB HOURS PRIOR TO EXCAVATION PHONE 1-800-342-1585 TO REQUEST U.C. LOCATIONS SHEET 1 OF 10 CITY OF MERIDIAN STANDARD NOTES: GENERAL CONSTRUCTION 1. All construction work shall be done in mandance with file current verslan of the Idaho Standards for Public Works Construction (ISPWO), Ne City of Meddtan Supplemental Specifications to the ISPWC (and any addendum), Ne requirements of the Ade County Highway District (ACHD) andlar the requlrementa of the Idaho Transportation Depadnlenl (ITD). The more stringent of any of these standards shall be the controlling standards or specifications. 2. The Contractor shall have a copy of the latest City of Maddlen Supplemental Specifications and Drawings on site at all limes during construction (available on the wel ik). Failure to have a current copy of the Supplemental Specifications on site could be grounds far a slop work order unfil the situation is resolved. 3. The Contmdorshall have plans stamped'Approved for Construction by City of Meridian Public Works Department on site at all Mass. 4. All Contractors,Subcontractors and Utility Contradom Shall stand a pre -construction conference pilot to start ofwork. 5. Contractors shall rally the appropriate agency when materials ere on age or inspection of the work is required. All inspections of the work or materials require a minimum Twenty Fear (24) hour notice to The project Inspector. 8. All material furnlshed on, or for the project must meet the minimum requirements of the approving agencies. At the request of the approving agency or the Design Engineer, Contractors shall humish proal that all maledels installed on this project meet the Specification requirements set forth In General Construction Note No. 1. 7. Work subject to approval by any governmental agency must be approved prior to (A) backfilling trenches for pigs; (B) placing of aggregate base; (C) placing of concmke:(D) placing of asphalt gaviri 8. Inspection, approval and final acceptance of all waleq sewer and recycled water construction shall be by Ne Public Works Depadmenb and their decision shall be final. Such Inspections shall not mlleve the contractor from the responsibility of performing Ne work In an acceptable manner In accordance with the DEOfOLPE approved construction plana. 9. Any deviation from the approved plans and specifications must have the applicable agency approval In writing prior to construction. ROADWAY 0 1. All Work within the public right-oUway shall conform to the current edition of the ISPWC and the ACHD Supplemental Specifications. No exceptions to the ISPWC or ACHD Standards and Policy Manual shall be allowed unless specifically and previously approved in writing by ACHD. 2. All Contractors working within the public road fight -of -way am required to work with City of Meridian slag to secure a rightof-way construction permit from ACHD or ITO at least twenty-four (24) houre prior to any construction. 3. ACHD or ITD will inapecl all work within the public rrghlsof-way to Include ullldy trenches above the pipe sone. ADA COUNTY HIGHWAY DISTRICT STANDARD NOTES: 1. Actual field conditions doing benching may require additional pavement repair beyond Ne limits shown on the plana. The following conditions are listed in Section 8000 of the ACHD Policy Manual. 2. All asphal match tins for pavement repair shall be parallel to the centerline of the street and shall Include any area damaged by equipmanl during Maturing opemgons. 3. If the cumulalive damage pavement area exceeds 50%of the total road Surface, contractor shall replace Me entire medwaysurface. 4. Contractor shall replace the pavement surface to ensure match line does nor fall within the wheel path of a lane. Match line shall only fall in the center or edge aid travel lane. S. Flowable fill or Imported material may be required If the native (reach material is deemed unsuitable by ACHD inspector, does not meet compaction standards or time Is a cortical factor. 8. Any exceplons to these miss shall be pre -approved In wdling by ACHD staff before construction beglns- Q 7. If a pavement cut Is required in a public roadway included in Ne Five Year Moratorium, a written request must be directed to the ACHD Utility Coordinator and approved by the PevemeM Cul Review Committee. Qt U. Conslmct sll necessary pavemenl matches (including driveway approaches and utility cul street repairs) wi9un ACHD fight -of way to match The exisling street pavement section or W use the following: 3 -Inches of asphalt, 4 -inches of X/ mch crashed aggregate, and 2&Inches of BJnch minus pit ran (for arterial slreals), 4 -inches of asphalt, 4 -inches of 3/4tnch crushed aggregate, and 26 -inches Of a -Inch minus pit ran (for principal adedal Skeels). Use whichever pavement section is greater. Q 9. ACHD Inspection staff will be more closely monitoring pedeskian Facilities for compliance with ADA standards. Asa reminder, sidewalk cross elope shall not exceed 2.0%; them are no Yolemncee A.M. Q 10. Prior to placement of any pavement marking contact ACHD Construction Services for compliance with policy, and existing pavement markings, 387-8280. NPROVED FOR WHOM""" MERIDIAN PUBLIC WORKS APPROVED BY WtE IF n Sa mrd ppOy am an � an W W O z SHEET 2 OF 10 Z d a C o � � W Plans Are Accepted For Public W m Street Construction ILL� B/ Asua,ag and signing the impmvnuenl plans, lha Registered C Y Enr.ee a.— Ne restrict War IM1e nand cenb— W ap lualncl ` Qt pafwies and slandaola. Varan. or waivers must be S,odr al- O ark bi ty pausty approved by the Dlsldcl in wiing, Acoepu. of the in mvemenl plans by the Want dow nal relieve Me rr V 3 Registered Fn ire al thlse,f¢sponeibiliges. BY �DATE:—[--L[--/,L NIY ADA CDUIGHWAY 015IRILT 3 NPROVED FOR WHOM""" MERIDIAN PUBLIC WORKS APPROVED BY WtE IF n Sa mrd ppOy am an � an W W O z SHEET 2 OF 10 0 m as V FUTURE CONDUIT TO BE INSTALLED BY OTHERS INSTALL 62 LF FIBER OPTIC CONDUIT INSTALL 62 IF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CO CONDUIT SHALL BE BORED UNDER FIVI PROVIDE A MINIMUM OF 48 INCHES OF OVER CONDUIT BELOW FIVE PATHWAY SHALL BE CLOSED FOR NO MORE THAN ONE DAY. PATHWAY SHALL BE REPAIRED THE SAME DAY IT IS DAMAGED. PROVIDE PATHWAY CLOSED SIGNAGE. vmrAut nC51UKM11UN R INGIULNIAL IU YNW[GI UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDITION OR BETTER. 2. CONTRACTOR SHALL CONTACT DIG -LINE AND HAVE ALL UTILITIES LOCATED. RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SNAIL CONTACT NAMPA MFRIIIII 3. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PUNS. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT, 5. PRIOR TO INSTAWNG CONDUIT CONTRACTOR SHALL BE 0 2. 40 e0 120 RESPONSIBLE FOR WALKING THE HANKS OF THE FIVE MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT AREA SMILE 1"-40 6. EXISTING ASPHALT PATHWAY SHALL BE KEPT OPEN TO PEDESTRIAN TRAFFIC AT ALL TIMES UNLESS OTHERWISE NOTED ON PIANS. V THIS AREA aASVPUBLIC RIGHT-OF-WAY INSTALL 238 LF FIBER OPTIC CONDUIT INSTALL 218 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) Street Construction By stomping and signing the iWwarnent pbn% the Registered Engineer eastaes IM1e D'slnd that Ne 0... mMplm W ag OW t p fides and standmds. Vnnances or waivers m aL be Wdfi.ml- ty and Pr iadaly approved by the District in wAlIag. kceplmsee of be improvement plane by the DII00 dee. nal nges Use Registered Enn rr �Vl ee vaspensibili1.s. DY e.� rHw' DATE. d -ly "1 ADA COUN HIGHWAY DISTRICT APPROVED FOR CONS RUMOR MERIDIAN PUBLIC WORKS APPRVvE9 SY DALE U a E- E Is W N z 0 0 R-1 U 31as L) ^ 13 9 0 3 z m �.py4 O U 0 SHEET 3 OF 10 J O V N w Z Q n. $ O 1% W T la ra W I- Q 3 116O O X6 F. 3 a v = � m � v SHEET 3 OF 10 INSTALL 173 LF FIBER OPTIC CONDUIT INSTALL 173 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) Li INSTALL JUNCTION BOX INSTALL 654 OF FIBER OPTIC CONDUIT N:714420.72 INSTALL 654 LF FIBER OPTIC CABLE E:2453869.43 INSTALL LOCATE WIRE (OUTSIDE CONDUIT) NOTES: 1. ALL SURFACE RESTORATION IS INCIDENTAL TO PROJECT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDITION OR BETTER. 2. CONTRACTOR SHALL CONTACT DIG -LINE AND HAVE ALL UTILITIES LOCATED. RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT TO REQUEST THAT PRESSURE AND GRAVITY IRRIGATION UNES ARE LOCATED. 3. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PLANS. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES. UTUDY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. S. PRIOR TO INSTALLING CONDUIT CONTRACTOR SHALL BE RESPONSIBLE FOR WALKING THE BANKS OF THE FIVE MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT AREA. 6, EXISTING ASPHALT PATHWAY SHALL BE KEPT OPEN TO PEDESTRIAN TRAFFIC AT ALL TIMES UNLESS OTHERWISE NOTED ON PIANS. T. CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITY UNE OR PIPE. "*ACHD INSPECTION STAFF WILL BE MORE CLOSELY 0 MONITORING PEDESTRIAN FACILITIES FOR COMPLIANCE WITH AOA STANDARDS. AS A REMINDER. SIDEWALK CROSS SLOPE SHALL NOT EXCEED 2.0%; THERE ARE NO 'TOLERANCES' ALLOWED. o zp w eo 1zg .E t'=ati 1/16 CORNER \ FOUND 5/6' PIN 4:713876.20 o E2454700.J2 ADA COUNTY ASSESSOR RECORDS APPEAR TO THIS AREA AS F INSTALL 144 LF FIBER OPTIC CONDUR INSTALL 144 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT N:714178.13 E:2454483.45 INSTALL JUNCTION BOX N:2454622.02 E:714023,24 INSTALL JUNCTION BOX 4:714151.23 E:2454622.67 INSTALL 104 LF FIBER OPTIC CONDUIT (BORE ONLY) INSTALL 104 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) SEE ABOVE r I as - -- _ -_ --_... _ s - - --- - — a _ 7 m I 7 INSTALL 770 LF FIBER OPTIC CONDUIT (BORE ONLY) INSTALL JUNCTION BOK m A O II� I INSTALL 770 LF FIBER OPTIC CABLE REPAIR SIDEWALK AS REQUIRED + 'I INSTALL LOCATE WIRE (OUTSIDE CONDUIT) U g E:4454725.43 -2]14021.39 0 INSTALL 128 LF FIBER OPTIC CONDUIT INSTALL 128 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) CONDUIT SHALL BE BORED UNDER FIVE MILE AND PATHWAY PROVIDE A MINIMUM OF 48 INCHES OF COVER OVER CONDUIT BELOW FIVE MILE SEE BELOW FOR CONTINUATION OF NOTES Plans Are Accepted For Public Street Construction DI stamplg and sgn ng Ure mprorement pbne the Registered Eng neer ereares the 0'I Thal Me plain mnf. to d w6d "M and Znda,k V.mnsee v mnms mast be rycad'ml N and preawusly opp.d by IN Debmt in writing, M plan Of the pions by K. Dstml does not ml eve 1, RegeMred Engneer f th ponsI Nex DYDATE O'LY-f RDA COUNTY GHWAY DISTRICT APOTIC®R➢OTG�UC�..... MERIDIAN PUBLIC WORKS RPPROWD BY DATE yUy yw E- E E W z�_� am U a�zm m�.mm.. � z z U U z F J J Ij T SHEET 4 OF 10 • CONDUIT SHALL BE INSTALLED FROM CITY OWNED BOX TO AND OWNED BOX REMOVE AND RESET BOXES AS NECESSARY Q ACRD INSPECTION STAFF WILL BE MORE CLOSELY MONITORING CONTRACTOR SHALL CONTACT REMOVE AND REPLACE SIDEWALK AS NECESSARY PEDESTRIAN FACILITIES FOR COMPLIANCE WITH AOA STANDARDS. BRIAN CRESPIN, AND SIGNAL COODINATE WORK WITH AND AND CITY OF MERIDIAN AS A REMINDER, SIDEWALK CROSS SLOPE SHALL NOT EXCEED COORDINATOR (387-6190) BEFORE RETAIN AND PROTECT ALL EXISTING UTILITIES 2.0%; THERE ARE NO TOLERANCES" ALLOWED. INTERCEPTING EXISTING AND CONDUIT. EXISTING JUNC4RE BOX 0 AUL FIBER OPTIC CABLE INSTALLED IN AND CONDUIT. OWNED ANDw INTERCEPT EXISTING AND OWNED Z INSTALL 148 OF FIBER OPTIC MUST BE MARKED "CITY OF CONDUIT AND INSTALL TYPE INSTALL 30 LF FIBER OPTIC CONS CABLE IN EXISTING CONDUIT MERIDIAN' AT EACH JUNCTION S-45T/ADA WITH RISER JUNCTION INSTALL 30 LF FIBER OPTIC CAOWNED BY ADHD. INSTALL BOX. BOX PER AND REQUIREMENTS INSTALL LOCATE WT LOCATE WRE. (CABLE IN4 LF EXISTING FIBER CONDUIT NEP 112660. 6AEX AS REQUIRED OWNED BY ACRD. ] E; 245462514 INSTALL 186 LF FlBER OPTIC U + _ _INSTALL LOCATE WIR_��_— - — CABLE IN EXIS NC CONDUIT _ INSTALL OCATE WIRE-- -- -- — _ — _ -- EXISTING JUNCTION BOX EXISTING JUNCTION BOI OWNED BY AND — '^--- _-..__ _777 ._0 (CITY OF MERIDIAN)LIN---� _ _ __.STALL 94 LF FlBER OPTIC CONDUIT (BORE ONLY) - m - ...._._ INSTALL 94 LF FIBER OPTIC CABLE -- s--- ---@/ i31- MERIDIAN ROAD INSTALL LOCATE WIRE (OUTSIDE CONDUIT) �4 - — _..._.. a I � ] 7 ] _ - -- - s.- — -- —- � N: J72352,01 _ � -� E: 2454693.16 // INSTALL JUNCTION BOX ] / - - -- INSTALL JUNCTION BOX i�� ] - - ] 1 L� j (� Q REPAIR SIDEWALK AS REQUIRED i� ] I Q REPAIR SIDEWALK N JREQU8IRED 1.34 Ld N:712659.57 / I E:2454]19.53 E:2454]t ].3Y� Q I I INSTALL 522 LF FIBER OPTICFFIBCONDUIT (BORE ONLY) INSTALL 72 LF FIBER OPTIC CONDUIT (BORE ONLY) 2 INSTALL 72 LF FIBER OPTIC CABLE INSTAILSLOCATE WIRE (OUTSIDE OPTIC INSTALL LOCATE WIRE (OUTSIDE CONDUIT) glk / NOTES: 1, EXISTING CONDUIT SHOWN ON THIS SHEET 18 OWNED BY ) I THE CITY OF MERIDIAN UNLESS OTHERWISE NOTED AND ) WAS RECENTLY INSTALLED SOLELY FOR THIS PROJECT. t 2. CONRACTOR SHALL NOTIFY AND TRAFFIC DIOSION PRIOR TO INSTALLING FIBER OPTIC CABLE OR JUNCTION BOXES IN/ON CONDOR OWNED BY AND. 3. EXISTING JUNCTION BOX LOCATIONS ARE SHOWN AS APPROXIMATIONS. 4. CONTRACTOR SHALL CONTACT DIG -UNE AND HAVE ALL UTILITIES LOCATED. RETAIN AND PROTECT ALL EXISTING UTILITIES. 5. ALL SURFACE RESTORATION IS INCIDENTAL TO PROJECT m ... AND INSPECTION STAFF WILL BE MORE CLOSELY UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE MONITORING PEDESTRIAN FACILITIES FOR COMPUANCE WITH ADA RESTORED TO THEIR PRE -CONSTRUCTION CONDITION OR STANDARDS. AS A REMINDER, SIDEWALK CROSS SLOPE SHALL BETTER. NOT EXCEED 2.0%; THERE ARE NO 'TOLERANCES' ALLOWED, o zo qP ep fzp 6. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PLANS. scut: t' -4o' J. CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITIES AND OMEiR PIPES. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR VISTIING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTUTY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. W i z W I WL L_ w - - W .. .. ...._....._.......................—..—__ - ___.___. -----. ._ ..__ INSTALL 252 LF FIBER OPTIC so INSTALL q62 LF FIBER OPTIC _ S INSTALL 447 IF FIBER OP11C EXISTING JUNCTION BOX CABLE IN EXISTING CONDUIT CABLE IN EXISTING CONDUIT EXISTING JUNCTION BO%CABLE IN EXISTING CONDUIT INSTALL LOCATE WIRE INSTALL LOCATE WIRE �m MERIDIAN ROAD INSTALL LOCATE WIRE io PA Q ._— ��� c_•{'�� .ice _ — -- ���- �- - �� .< I I I I I I I I I I I I I I I I Plans Are Accepted For Public Street Construction By stomping gld signing Me hnprnvement Pmlls, the Registered Login., ensures B. DisldM That Be pons csnlgrm to .11 y Wd polides and stonognis. Vorbnees or w.wo must be wiil ol- ly end prmnsy gppmved by the D;etdd m dti,. meepience APPROVED FOR CONSTG�M64d®� of 6k m improveent *no by @e Distad does not relieve the Registered E, r o on"noblKi MERIDIAN PUBLIC WORKS BY P ATE: ID . 14- ( APPROVED BY mm ADA COUNTY HIGHWAY DISTRICT w I z U 0 in U F a SHEET 5 OF 10 �pINSTALL 430 LF FlBER OPTIC- E%ISTING JUNCTION BO% CABLE EXISTING CONDUIT INSTALL LOCATE WIRE ¢ I III 1 �k QTY g MERIDIAN ROAD S a I W I I I I 0 20 9n Be 120 SCN£: P=b' w INSTALL 303 LF FIBER OPTIC J CABLE IN EXISTING CONDUIT I INSTALL LOCATE WIRE �pINSTALL 430 LF FlBER OPTIC- E%ISTING JUNCTION BO% CABLE EXISTING CONDUIT INSTALL LOCATE WIRE ¢ I III 1 �k QTY g MERIDIAN ROAD S a I W I I I I 0 20 9n Be 120 SCN£: P=b' I I I I EXISTING JUNCTION BOX I INSTALL 104 LF FIBER OPTIC CABLE IN EXISTING CONDOR I EXISTING JUNCTION BO% (BOX TO BUILDING) INSTALL LOCATE WIRE I INSTALL 150 LF FIBER OPTIC CABLE IN EXISTING CONDUIT N INSTALL LOCATE WIRE n I MERIDIAN CIN HALL COMPLETE CITY HALL CONNECTION INSTALL 39B LF FIBER OPTIC J EXISTING JUNCTIONBOX CABLE IN EXISTING CONDUN INSTALL LOCATE WIRE W z z ......_ Z z rc� x L3 I---w�---� � 3 NOTES: 1. EXISTING CONDUIT SHOWN ON THIS SHEET IS OWNED BY THE CITY OF MERIDIAN AND WAS RECENTLY INSTALLED SOLELY FOR THIS PROJECT. Z EXISTING JUNCTION BOX LOCATIONS ARE SHOWN AS APPROXIMATIONS. 3. ALL SURFACE RESTORATION IS INCIDENTAL TO PROJECT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDNION OR BETTER. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. - - - E%ISING JUNCTION BOX INSTALL 27 LF FIBER OPRC 7 CABLE IN EXISTING CONDUIT INSTALL LOCATE WIRE 'rrACHD INSPECTION STAFF WILL BE MORE CLOSELY ° MONITORING PEDESTRIAN FACILITIES FOR COMPLIANCE WITH ADA STANDARDS. AS A REMINDER, SIDEWALK CROSS SLOPE SHALL NOTEXCEED 2.0%; THERE ARE NO 'TOLERANCES' ALLOWED. INSTALL 500 IF FIBER OPTIC Y EXISTING JUNCTION BOX ' CABLE IN EXISTING CONDUIT MERIDIAN ROAD ° INSTALL LOCATE WIRE - W � �. a _ _l I g o m gINSTALL }34 LF FlBER OPTIC CABLE IN EXISTING CONDUIT INSTALL LOCATE WIRE _ - I I I I Plans Are Accepted For Public Street Construction By stempir9 end ongoing the improvement plans, Urs Registered Engineer me.. the Diethid then the plena cenf on ball Mswkf Ones end standafde. Wriencm ar rowers must be spxif.1— ly and previausy oppreved by the D" in wog, Auden of the improvement plans by Me Mehkt does not relieve the Registered En In ol_IF�Esyn¢sponeib, se. BY P%L�+YJr DATE :IG_1-4 - P/ ADA COUNTY FIGHWAY DISTRICT EXISTING JUNCTION INSTALL 19 LF RE CABLE IN EXISTING INSTALL LOC �I 4APPROVED FOR CONSTRUCHON1 MERIDIAN PUBLIC WORKS MFTINED BY DATE Te _0 U) 1 W a C .J a s f V SHEET 6 OF 10 AND IS UX*@) IN MEMMAN IN TRE ECIgN G TOWNSHIP 3 NORTH. RAGE �0000c"61,1111-11 �111 FIVE MILE IS LOCATED WRHIN PROJECT AREA 5mum: ARMS 1X15 SBE GOES NOT CONTNN ANY UNIQUE OR SENSRNE MEAS TO BE PRESERVED ME PROJECT CONSISTS OF INSTALLING A,EW IF OF 1 1/4' FIBER OP CWDUR AIN 1l JUNCDON WAES. APPROXIMATELY 2,800 OF ON TRE CONOUR WILL BE IMBAILEO BY TIF ONEN i11FM.T1 NEMW AND MPROIGMAELY 1 A LF WILL BE INSFALED BY THE TRENCHLESS BORING METHOD. WORK TNT WILL BE PERFORMED TOR M5 PROJECT SIAL BE SEOUETCTD AS: REMOVING EMEND PAVEMENT MNCREM AND LWGWARNO: EXCAYWWN AND IHSMWTON M NEW WNWR AND JUNMON BOATS, MGKFULNG AND COMPLETED DESTORATON (ASPHALT, WWW` CONCRETE AND LANDSCAPING). WORK IS gPECIED M BE COMPLETED WYRGN 51%IY M15 FflOM TIE START M CONBIgUCTON, DEMLED CONSTRUCTION SCHEDULE WILL BE ESTAHUSREO DURING ME PREWNSIRUWON MEEMO. POTEMML SOURCES OF SEDIMENT PWUIpN INCLUDE "MANOR OF EMERGE ASPHALT, SPOILS MOM WOMEN E%WOU, PAYING OPERATIONS, VEHICLE TUCKING, AND STCCNPNLC MHER POTNILLL SOURCES OF MULL ON INCLUDE CONCRETE WASHOUT AND WASTE TOMO WASTE FROM MANG OPFRAMMS, ON -511E STORAGE OF COMMUSHTON MAIEMA , NE1 TOM COMA -PETITS. CHEMICAL STORAGE MFRS SEWAGE MO GENDML ARE NITER. BRIT WEDf.EMEM PRhG%N3 MMPID BEST NANWINENT PMGRCES SHAD BE USED THROUGHOUT ME SIZE WRING CONSIIBXOM M PRFIEM SEDIMENT AND OTHER COMMIIHEHR MGM DROWNS THE STORM WATER MINUTES AND DRNW,GM. WE BMP'S MALL BE INSTAIID MON ID WNSIRUCTON ACIDITIES AND REMOVED UPON PROJECT COMPIIWN. INLET PROTECTION W. SIAL BE PIACED AT ALL STORM WATER INLET LOMEMS WITHIN MD IMMEWITIT DOWNSTREAM OF MIS PROJECT. SUET PROMOTION BMN SHALL CONSIST DF WSTMLNG AND MUNDANE,f0 A SRM61UR0 BRAND (OR EOVN.) SED! GOT MMI BASIN INSERT W WK WORM ORNN INLET 0.S INpGTL ON WE PLAN PER DEO GMP 131 OR PIAGNG SAD OR ROCK FILLED BAGS AROUND SLATTED MAMHOE MYNAS. STRAW WATIES SWd1 BE PLACED ALONG EMSIING WATERWAYS PFR DEQ BMP 135. COMPILED MEAS AND STOCKPILES LEFT MOTIVE FOR MORE TNN 14 WNSEWINE DAYS SIAL BE PROTECTED WTM A TEMPORIJU PERIMETER SEDIMENT BUERIM SUCH AS SAND BAGS, SET FENCES, BERMS, DIKES, FIBER LULLS, OR GRAVEL BASS. UOCKPM£R SHAUL ALIO BE PROTDMW PRIOR TO ANY MIN EVENT. TRE CONTRACTOR SIAL SWEEP -W, SHOVEL, OR OLUD RISE CLEAN WD M On MGM W&LC RIGHT-OF-WAYS AND OTHER PAVED MFRS IMPACTED DURING WNSTRUCDON EACH MY OR M NESTED, ESPECIALLY WRING NET WEA.M. WE CONTRACTOR SHALL KEEP THE SIT: WATORM WITH A WATER 1RUCK WNW TIE HOT -DRY MONTHS TO PREVENT E(CESSNE OUST. PAVED EFREETE AND OTHER PAVED MEAS SNAIL BE SAM MURNEW WRQ! EAS65SHOT ST OR DIRE BUILD-UP Is MESFNT. BMN SHALL BE INSPECTED AND MNMMIED WEMLY AND AFTER MEN EVENTS BY TIE RMABUIBIE PERSON TO VERIFY THEY ME IN MMINC OROFLL INSPETBON REPORTS WILL BE LOGGED WEEDILY MD KEPT AT JOB SHE DETYATERIINR TRENCH DEWATERING MTVRIES MAY BE REWIRED ON WE PROJECT. PROPOSED DEWATERING ACIIVIRES SIAL HE APROOM BY TRE CITY OF MORGAN POOR TO WRONG DEWATERING AMYTES, SEDIMENT WILL RE REMOVED MGM WATER BY SEDIMENT BASIN OR OTHER MPUCABLE STORM WATER GIMP PRIOR TO DISGUISING TIE WATER IWO AM STORM MAN SYSTEM OR WATERWAY. DEWA ERSID ACIMRSE WELL COMPLY WAIN LEE SHORT TERM ACTYIIY EXFNPWN. PERMISSION SHALL BE MOANED FROM ACRO PRIOR TO DEMANDERS TO ANY STORM WATER SYSTEM. MATERWS SPH EO W THE PROJECT SNE WILL CONSIST OF CBNWIT, SAD. GRAVEL AND PORTA-POTS GRAVEL AND SAND WILL BE STOCK PIED AT COMERS OUT OF THE WAY W CONSIPUCRON ACIMNB AND AWAY FROM TIE RICHT-OF-WAY AND AT HOT 50' AWAY FROM ABOMINATOR OW GDANGM. MY E%IHA MATERAS WALL BE REMOVE) MGM THE PEGOUT SIZE. PERU -POTS yW1 BE UG AU, AT LAST 50' AWAIT MOM BfORM WATER C)IARYAWU AND IN NATION FACRL116 AND LOCATED 50 WT. IN ME EMR OF A SPILL CORAMMTON WILL BE WREAKED AND NOT ENTER TIE STORM DUN SYBTEM OR IflflIGTON CACERES. PORIA -POTS ENVL BE LOCLTED ON A 7AA.0 OR STAGED. PORTA-Pols WILLBE CLEANED ACCORDING M SUPPLIERS SCHEDULE AND REMOVED FROM TIE SITE ATE( CGMFlMDN OF CONUMOTION, OTHER BMP'S FOR MATERIAL AND WASTE MANAGEMENT INCLUDE: WNIMMOR ANAL MARLA A WONG ARM ON SIE MD ALL MATERIAL SRCNq)E MEAS SNNl BE LOCATED AT LEA5T 50' AWAY FROM STORMWATER CBNVEYANCES AND INEWTON FACER. OR M NECESSARY TO PREVENT MATERIA S FROM ENTERING SAID FAME ES. UNWi COVER AND IMSWNF. AND ANY SECONDARY COW HAZARDOUS NYFIR. MATERIALS SHALL NCE GULL BE STORED IN STORED IN MON ORIGINAL COWNNERS WITH MEN ORIGINAL PRODUCT LABELS. TIE CONMACTOR SILL MNNTNN APMDR MTE MOM. M SNE M MANAGE SPILLS FROM STMED MANDIBLES MO COU UCnW EQUIPMENT INCLUDING NEL MO ML A NATURAL INVENTORY, MATERA SAFETY SHUNT AND EMERGENCY CONTACT INFORMATION WILL BE KEPT IN RHE ON -ATE TMLM, NO SEWAGE WNTAMIMTEO MATERIAL REMOVED MGM A WENCH SNNL BE STORED ON SHXKPILED W ME FOUR OF -WAY. ALL MAJOR EWIPMEM/VpIKn'E NEUNG AND LWNLWMCE WILL BE PREMIUM OFF -SALE. ALL EQUIPMENT RN0.S GENERAWD FORM MNNIFNA E AWNLESS WLL BE DISPOSED OF INA DFSVGROLD )HUMS STORED ON OWL PAIEEIS. ABSORBENT. SPILL CLEANUP MATIGALS AND SPILL KIM SIAL BE AVMMLE AT ME COMBINED STAONG AND MATERIALS STORAGE ARG DRIP PANS WML BE PLACED UNDER ALL MU MEN RECEMQWI NG MMNICE AND VEHICLES AND EQUIPMENT PALMED WERNIGW. MEAS WNL. RE REPMRED IMMEDIATELY OR PROBLEM EOUIPMEW/VEHICLE SHALL BE REMOVED FROM PROJECT SITE. ALL S%MS SHALL BE CIGNA UP IMMEDIATELY AND M AMPLE AM0,W OF CLEANUP MATERIALS SHAL BE KEPT ON SIM ALL ON ONE PERSONNEL SAW. BE LEANED IN TIE CORRECT PROCEDURES FOR SPILL PREVENTION! AND COMgOLA NOTWGRON PROCEDURES AND WNTAM MFORMTKNN FOR IM.N. PONCEOFPAFW,, FIRE DEPMTMEW, AND SEWAGE TREQUEM MCILTIY SHALL BE POSLED NEAR MATERIAL SHOMGE ARG THE CWTUCTOR SIL. DISPOSE OF D(CESS WNBMUCIICN MAXIMS AND DEBRIS W WATERBGW DUMPSMAS. A TEMPORARY WASHOUT MG MR HVMDWS WASTE EMCLUOIND WNCRERE WASH WATER) WALL BE EXMAIET OR ERIE WASTE SOUL BE PUNCED W CONTAINERS PA9WDED ON SNE. WXWWT MEAS SHNL BE LOCATED A MINIMUM OF 50 PUT FROM STORM MAIN WILTS OR WATER WURSES AND BE WNSMUOED PER BE STANDARDRAWI RD DRAWING P -J -E OR APFgWN EOUIVE. MTETA SHNL BE MLOWEO M DW AND THEN REPOSED OF AS A WHO WAISTS, EROSION AND SEDIMENT CONTROL PLAN a CITY OF MERIDIAN PUBLIC WORKS FIBER OPTIC LINE PHASE 1 ae�Bg CONDUIT BT OTHERS WE OF PRUJFLT FIRM- ME STANIUATON BILL OL M SURFACE RESTORATION OF PAVED, ORAV0. AND LANDSCAPED AREAS EMERGED DURING CONSMIMM. TIJIPOMRF BMP* WILL BE REMOVED WHEN SURFACE RESTORATIM IS COMPLQE WE WORN ARTA HAS BEEN CLEARED. AND N1 EQUIPMENT AND MATERIALS HAVE BEEN ABOARD MW SIZE CML SURVEY C ULTAHS AM MONEY. P.E. CERTFIGTON NUMBER: WN02-00888 RE5PONSH9lE PERSON TO BE PRODDED BY CONTRACTOR FOLLOWING PUBLIC WORK OF PROJECT. NOTES O STRAW WATTLE cB CATCH BASIN INSERT CONDUIT NOTES: T. THERE IS NO EXCAVATION WORK THAT OCCURS SOUTH OF FARVIEW AVENUE AS PART OF THIS PROJECT. THE ONLY WORK OCCURING IS THE INSTALIATION OF FIBER OPTIC CABLE WITHIN THE EXISTING CONDUIT 2, ALL CONDUIT UNDER SIOEWAUK. ROADWAYS AND LANOSCAPING SHALL BE INSTALLED BY THE TRENCHI.ESS BORING METHOD. 0 50 1CO 2. 3GO $CAL£: 1'=100' SHEET 7 OF 10 all U TA zo Tn E- 1a cn1--, V1 Q zC Z, 0 U fa z NW' W ET ED in U CONDUIT NOTES: T. THERE IS NO EXCAVATION WORK THAT OCCURS SOUTH OF FARVIEW AVENUE AS PART OF THIS PROJECT. THE ONLY WORK OCCURING IS THE INSTALIATION OF FIBER OPTIC CABLE WITHIN THE EXISTING CONDUIT 2, ALL CONDUIT UNDER SIOEWAUK. ROADWAYS AND LANOSCAPING SHALL BE INSTALLED BY THE TRENCHI.ESS BORING METHOD. 0 50 1CO 2. 3GO $CAL£: 1'=100' SHEET 7 OF 10 MERIDIAN CITY HALL NETWORK PHASE 1 NETWORK DIAGRAM MERIDIAN WATER DEPARTMENT NETWORK FUTURE r------------------------------� I I I I I I I I I MERIDIAN WASTE WATER TREATMENT PLANT NETWORK FYY -- ------------ - I I I I PHASE 1 PHASE 2 I I I I I I z a 0 W Y. O V atmlu xore oramxu t3uexiB�o.1 t. P [PoFltle OtPxAlOx3 An fm JOB. NO: 13MEx18 � �B m I SHEET 8 OF 10 WATER DEPARTMENT t. Au cAwxic aPx:nnrs � AFPRFSEIRANE axx ANN xor sa OR gAVm m sac 2 RBM NAL a 24 SIANm MI NNBE Ha 3. N Flap mm m BE UM*tE , H w ANB m OUT w CaFR 1. W94L4L FM JWM WY1 IOW NOF FBEtf NNCBON WX MM BE RIEABND Bx W M W MW ADg%ffl A. 2 RAL PNL$ 1 FRA NAO BRICE ARNICN aBF Y tea. TOW&E a SINWNB N FUMM FM JNNGpN BOX 1 Nb WL 4 IC -LC FRA PAlgl Gab N! IMMW FRB JUNCIpN BWL ILAOIH OF ILiC FRA I m a aAGNim ANp OOBRBBNAO NAX WWM A BFmANAJR ANO NNL m Lw m 'KIMM m "Mm FRA PACK PMA F v UFFT a nF in srE axEr a i i I I I I i ERsnNO cWour FRW ,nx+cnox eox I � xmaim ax wesr sxN: ar xmm�w I RaaW,r I EMIRDNO JUNCRIX! RUM I BASEMENT LEVEL MERIDIAN CITY HALL PHASE 1 NET NOW �y9�o�o e 3Ao_ a wyd IEI 3RD LEVEL MERIDIAN CITY HALL f9TWi DEWOOWS ARE RFPRMNATK ORr ANO Atli SEr OR DRANH ro SDNE z. FreFA Wu eE zs smxn sddRc woof rWm. ] ALL FNAN RUM ro BE WSRIRED, NFWFlkT AND M WE Rr COXIWCIOR w NM I i F)p5 &WM RDR TO RDW Oa VA DI SM a MM AND DIM MI mAr. 2 Fl RAM FSR WLL BE RWFD. I RUN WR FROM EYJSIDNI JUNCRON M M RA41JENf CWw ROW foal WIEID: R WLL RE SR11Cro ro F1F11W MIFD ilffq UP ro aN0 NDW CWII AOW (MI ro SII(M NNI1 (J11) W 1lgRp FW WE ALL FBA RW9 ro NE WWRED, RSq O AND M ON of C0INRACIOR. D/a• INIEIAIX:f R AEgAfQD FDR Rff FIBA RUN F ROW Da ro F ]01. 1. FiBFA ro H RDUIFD MM WNE Mn W RAW UM IN SOW ADW. F1AER IFFY W JUNCFWN DDR IN ROw.I 311 ro W DUDR W CRY W NM" w aPARpNN. u �a E- D g M N Y Im NG m q_Nq KGOY QeQ� o U wim �Nt$ Cv �2 O � z CUFFT in nF M LEGEND (See Standards Far Specifics) Existing Fiber Optic Conduit New Fiber Optic Condait 0" W New Potable Water Main B"Ss— No. SSNew Sanitary Sewer Main 23 I. of Roadway Ex bng Edge of Povement or Gravel _-E2"OMP_So-_ Existing Drain or Irrigation Pipe EG Existing Olch or How line PL Existing P'.,nuty Line PI --h X A -m .1f __ if Existing Fence and Gate -P-<u VA o¢ Gsr T vi, -TV 1..0 .,r; .._. Existing Utilty Unp With Initial E----- isting Concrete Sidewalk O Telephone Riser ARevision Note � 11;7 �Asphalt Repair 6y�1V Gravel Repair Concrete Repa r Lawn Said Repair CITY OF MERIDIAN CONSTRUCTION PLANS �� PUBLIC WORKS FIBER OPTIC LINE PHASE 2 WATER DIVISION TO WASTEWATER TREATMENT PLANT AUGUST 2014 NOTE; COORDINATES SHOWN WERE ESTABLISHED FROM THE NAD 83 IDAHO STATE PLANE MODIFIED TO THE ADA COUNTY LOCAL GIS COORDINATES. ALL ELEVATIONS ARE BASED ON THE NAVD BB DATUM. CONTRACTOR SHALL BE RESPONSIBLE MR HAVING AN IDAHO P.L.S. REFERENCE AND REPLACE ALL DISTURBED LAND MONUMENTS- (m ONUMENTS. SHEET INDEX ExicUng Curb,Gutler,and Sidewalk o Fiber Junction Box (T O Existing and New Water Volvo Y Ib Existing and New Walter Meter A Fire Hydrant ---'aE Light Pole Utility Pole With Anchor v Sign 7@ Existing and New Manholes LI ❑ Existing and New Catch Basin V.Y Deciduous And Evergreen Tree 00 Deciduous And Evergreen Bushes Existing Building ® Sprinkler Box O Telephone Riser ARevision Note � 11;7 �Asphalt Repair 6y�1V Gravel Repair Concrete Repa r Lawn Said Repair CITY OF MERIDIAN CONSTRUCTION PLANS �� PUBLIC WORKS FIBER OPTIC LINE PHASE 2 WATER DIVISION TO WASTEWATER TREATMENT PLANT AUGUST 2014 NOTE; COORDINATES SHOWN WERE ESTABLISHED FROM THE NAD 83 IDAHO STATE PLANE MODIFIED TO THE ADA COUNTY LOCAL GIS COORDINATES. ALL ELEVATIONS ARE BASED ON THE NAVD BB DATUM. CONTRACTOR SHALL BE RESPONSIBLE MR HAVING AN IDAHO P.L.S. REFERENCE AND REPLACE ALL DISTURBED LAND MONUMENTS- (m ONUMENTS. NOW: CONTRACTOR SHRILL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT A MINIMUM OF 72 HOURS PRIOR TO STARTING CONSTRUCTION. APPROVED FOR C ONSTRUCHr ®N MERIDIAN PUBLIC WORKS ,4 a, Llcutnl— 1�7111i Plans Are Accepted For Public Street Construction BY stamping and signing Ise ;,evemenf plans, the Registered Fngiraer ensures the Dieldclt that he plops cwdarm Ip d DiAnd politlee and defidards. Vmimces or waivers must is exth - y and preamaely oppreM by the Delind N isht Ae eptame of the improvement pions by the Detni dos not niece Re Reglslersel gl e o ese responsbllbes. By T !d'AY4N ADA c Ntt HIGHNAY OISIRICT QTHE ENGINEER OF RECORD CERTIFIES THAT THE PIANS ARE PREPARED IN SUBSTANTIAL CONFORMANCE WITH THE ACED POLICY AND STANDARDS IN EFFECT AT THE TIME OF PREPARATION, THE ENGINEER ACKNOWLEDGES THAT ACHE ASSUMES NO LIABILRY FOR ERRORS OR DEFICIENCIES IN THE DESIGN. ALL VARIANCES FROM ACRD POLICY SHALL BE APPROVED IN WRRING. THE FOLLOWING VARMCES, LISTED BY DATE AND SHORT DESCRIPTION, WERE APPROVED FOR THE PROJECT: NONE, CALL DIGLINE 48 HOURS PRIOR TO EXCAVATION PHONE 1-800-342-1585 TO REQUEST U.C. LOCATIONS a _0 116 W [y0 r V Z d Z O F V Z n SHEET 1 OF 13 SHEET INDEX 1. TITLE SHEET V 2. CONSTRUCTION NOTES/DETAILS M 3.-8. FIBER OPTIC CONDUIT � 9.-10. EROSION AND SEDIMENT CONTROL E- P li. il. NETWORK OIAGRAM 12. WATER DIVISION FIBER TERMINATION 13. WASTEWATER DEPARTMENT FIBER TE6MINATION IaF--.. yr p in mN z ;spa Ez O v 1=gym NOW: CONTRACTOR SHRILL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT A MINIMUM OF 72 HOURS PRIOR TO STARTING CONSTRUCTION. APPROVED FOR C ONSTRUCHr ®N MERIDIAN PUBLIC WORKS ,4 a, Llcutnl— 1�7111i Plans Are Accepted For Public Street Construction BY stamping and signing Ise ;,evemenf plans, the Registered Fngiraer ensures the Dieldclt that he plops cwdarm Ip d DiAnd politlee and defidards. Vmimces or waivers must is exth - y and preamaely oppreM by the Delind N isht Ae eptame of the improvement pions by the Detni dos not niece Re Reglslersel gl e o ese responsbllbes. By T !d'AY4N ADA c Ntt HIGHNAY OISIRICT QTHE ENGINEER OF RECORD CERTIFIES THAT THE PIANS ARE PREPARED IN SUBSTANTIAL CONFORMANCE WITH THE ACED POLICY AND STANDARDS IN EFFECT AT THE TIME OF PREPARATION, THE ENGINEER ACKNOWLEDGES THAT ACHE ASSUMES NO LIABILRY FOR ERRORS OR DEFICIENCIES IN THE DESIGN. ALL VARIANCES FROM ACRD POLICY SHALL BE APPROVED IN WRRING. THE FOLLOWING VARMCES, LISTED BY DATE AND SHORT DESCRIPTION, WERE APPROVED FOR THE PROJECT: NONE, CALL DIGLINE 48 HOURS PRIOR TO EXCAVATION PHONE 1-800-342-1585 TO REQUEST U.C. LOCATIONS a _0 116 W [y0 r V Z d Z O F V Z n SHEET 1 OF 13 CITY OF MERIDIAN STANDARD NOTES: a NJ pyo GENERAL CONSTRUCTION m i 1. All construcfion work shall be done In accprdanco with the current version of Ne Idaho Standards for Public Works Construction(ISPWC), the City of Median Supplemental Specifications to the ISPWC(and any addendumr), the requirements of Me Ada County Highway Dbadct(ACHD) andfor the moteremenb of Me Idaho Trenapodatbn Department (ITD). The more shfngenl of any of these standards shall be the controlling standards or specifications. ar a5�a 6; 888"555 p �Ny4 T 00 2. The Contractor shall have a copy of the latest City of Meridian Supplemental Specifications and Orewings on site at all times during coordination (available on the website). Failure to have a current copy of the Supplemental Specifiralions on site could be grounds far slop wort, order until the situation is resolved. 3. The Contractor shall have plans stamped'Approved for Constmclimin by City of Meridian Public Wads Department on erre at all broad, 4. All Contractors, Subcontractors and Utility Conlmclore g E d �3� shall attend apremnslmclion conference prior to used of work. WN w m' � Z o Z o --S 5. Contractors shell nolify the appropriate agency when materials are on she or Inspection of the we* is "i lied. All inspections of Ne work or materiels require a minimum Twenty Four (24) hour notice to the project Inspector, 0 � am et U uN a �jo 6. All material furnished on, mfor the projeci must meal the minimum requirements of the approving agencies. Al the reques[af the approving agency or the Design Engineer, Contractors shall burden proofMatall materPals installed on this pro)ecl meet the specification requirements setfodh in General Construction Nate No. i. C $e 7. Work subject to approval by any governmental agency must be approved prior to (A) backfilling trenches for pipe; (B) placing of aggregate base; (C) placing of concrete; (D) placing of asphalt paving. a 8. Inspection, approval and final acceptance Of all water, sewer and recycled Water constmcfion shall be by the Public Works Department, and their decision shall be final. Such Inspections shall not relleve Me connector from the responsibility of performing the worr, In an acceptable manner In occurrence with the DEOfOLPE approved construction plans.9. La U U Any deviation from Me approved plans and speci1fice0ons must have the applicable agency approval In writing prior to construction. i x Z ROADWAY O ut J V 0 1. All work within the public right-ofway shell continue to Me current edition of the ISPWC and the ACHE) Supplemental Specifications. No exceptions to the ISPVAC or ACHD Standards and Policy Manual shall be allowed unless specifically and previously approved In writing by ACHD. 2. All Contractor: working within %a public road rightaFway lire required to work With City of Median stag to secure 8 rightof-way construction pennt from ACHD or ITD al least hvenly-four (24) boors prior to any construction. 3. ACHD or ITD will inspect all work within Me public fights -of -way he include utility benches above Me pipe zone. ADA COUNTY HIGHWAY DISTRICT STANDARD NOTES: 1. Actual field cordillera during hunching may require additional pavement repair beyond Me limits shown on Me plans. The following conrifione am listed in Section 6000 ofthe ACHD Policy Manual. 2. All asphalt match lines for pavement repair shall be parallel to the centerline of the street and shall Include any area damaged by equipment during lrenching operations. 3. If the cumulative damage pavement area exceeds 50% of Me total roatl surface, contractor shall replace the entire roadway surface, 4. Contractor shall replace the pavement surface to ensure match line does not fall within the wheal path are lane. Match line shall only tall In the canter or edge of a bevel lane. 5. Flowable fill or Imported material may be required if the native trench material is domed unsuitable by ACHO Inspector, does not meet compaction slentlarda or time is a critical factor. 6. Any exceptions to these rules shall be pre -approved in willing by ACHD stag before construction begins. 0 7. Ifs pavement cut is mqulred Ina public roadway included In the Five Year Mamtodum, awrhlenrequeslmuslbedlrectedlothe ACHD Uldily C.molfrilmomintermodbylhe Pavement Cul Review Commues. A 8. Contact all necessary pavement matches (Including driveway approaches and utility cut street reform) within ACHD right-of-way to match the existing street pavement section orto use Me following: 3 -Inches of asphalt, flinches of 3M -inch crashed aggregate, and 264nches of 64och minus pit Her (for arterial streets), 4 -inches of asphalt, 4 -inches of 3144nch crashed aggregate, and 26Anches of 6 -Inch minus pit ran firm principal arterial sheets). Use whichever pavement section is greater. 0 9. ACHD Inspection sdagwhl be more closely monitoring petleshian Whiles, for compliance with ADA standards. As a reminder, sidewalk crass slope shall not exceed 2.0%; Mere are no'Yolerances" allowed Q 10. Prior to placement of any pavement madding contact ACHD Construction Services tar compliance whh policy and existing pavement marklogs, 387.62110. DRAIN DITCH CROSSING $ E NONE REPLACE UISONG ROCK AS PROMDE ADDITIONAL ROCK AS REPAIR WALL TO ORIGINAL 3'0 SCHEDULE 80 GALVANIZED CEMERED HORIZONTALLY IN SEE SHEET 5 FOR LOCATION. NOTES: 1. ALL SURFACE RESTORATION IS INCIDENTAL TO PROJECT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDMON OR BETTER, 2. CONTRACTOR SHALL NOTIFY NAMPA MERIDIAN IRRIGATION DISTRICT A MINIMUM OF 72 HOURS PRIOR TO STARTING WORK ON CROSSING. CONTRACTOR SHALL COORDINATE ALL ACTIVITIES WITH IRRIGATION DISTRICT. 3. 4' OF SAND SHALL BE PLACED BELOW, ABOVE AND ON EACH SIDE OF CASING. 4. EACH END OF CASING SHALL BE SEALED WITH A WATERTIGHT POLYETHYLENE PLUG OR NEOPRENE END SEAL PLUG OR END SEAL SHALL BE MODIFIED TO ALLOW FOR CONDUIT INSTALLATION WHILE SRU- ACHIEVING A WATER TIGHT SEAL APPROVED FO CONSYRUCNON MERIDIAN PUBDC WORKS APPRDVTo Rr GATE SHEET 2 OF 13 "• rZL) E Fn WN w m' Z o Z o --S 0 � am et U uN a �jo a o U U W Z J V IL O J C N F Plans Are Accepted For Public W aWiJ p Street Construction = (A By slumping and signing the improvement pans, the Regrew Denser entire+ she IXsblel and Me to O ILW pane oximm ata bower Qw Q policies ori Marrieds. vada.rs . or waivemust be specificel- C) ly and previously approved by the Ushicl in eddng. Aacepanne the Zof impnnemenl plans by the Horst does nod mseve the Regilo V ed On I or of a mwpoombifdies. PGATE: d�LN- f SADA J COUMY HIGMYAY 019RICT APPROVED FO CONSYRUCNON MERIDIAN PUBDC WORKS APPRDVTo Rr GATE SHEET 2 OF 13 J ---I k tWs Nmeasmed,u 6 I TVR N la t INSTALL 291 291 LF FIBER OPTIC CONDUIT INSTALL 291 LF FIBER OPTIC CABLE TALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT N: 718969.54 E: 2444179.99 BOX CITY OF MERIDIAN WASTEWATER TREATMENT PIAN: IN A 357 LF FIBER PC CONDUIT INSi -- ---- INSTALL 357 LF FIBER OPTIC CABLE _ --- INSTALL LIGATE WIRE (OUTSIDE CONDUIT) INSTALL 156 LL FIBER OPTIC CONDUIT INSTALL 156 OF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT IN 718867.59 IRRIGATION AND POWER LINES ARE SHOWN AS APPROXIMATIONS. CONTACT NMID FOR LOCATING ASSISTANCE PRIOR TO STARTING CONSTRUCTION. --ALL CONDUIT INSTALLATION ON TREATMENT PLANT PROPERTY SHALL BE BY THE OPEN TRENCH METHOD. NO BORING SHALL BE ALLOWED. INSTALL 96 LF FIBER OPTIC CONDUIT INSTALL 96 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT N: 718749.05 E: 2444562.10 Rimm -1t1111 ¢CONTRACTOR SHALL KEEP ONE LANE TO THE TREATMENT PLANT OPEN AT ALL TIMES. COORDINATE WITH TREATMENT PLANT AND PUBLIC WORKS INSPECTOR. IF ONE LANE CANNOT BE KEPT OPEN THEN WORK SHALL OCCUR DURING ACCEPTABLE NIGHTTIME OR WEEKEND HOURS AS DETERMINED BY THE CITY OF MERIDIAN. NO ADDITIONAL PAYMENT SHALL BE MADE TO THE CONTRACTOR FOR THIS WORK. INSTALL 228 LF FIBER OPTIC CONDUIT N: ]20481.30 INSTALL 228 LF FIBER OPTIC CABLE E: 2444151,20 INSTALL LOCCAATE111 E�(OUTSIDE 111,11") Of _ a I a err ] \\\\\ \ x f "z .FIVE MILEdo \ �\ ±312 FT RADIUS. Y FOLLOW EDGE OFS EXISTING PAVEMENT._INSTALL JUNCTION BOX N: 719093.32 7 E: 2444\025.80 a r EX13IING 18° "TIRO' HE � # ABANDONED IN PLACE. Q Er�CONFlRM WIDT Cltt PPIOR TO \ \ARTI`\\IRK. Ar0 INSTALL 174 LIF FIBER OPTIC C NO IT INSTALL 174 LF FIBER OPTIC OCABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) -- NOTES: 1. ALL SURFACE RESTORATION IS INCIDENTAL TO PR EGT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDITION OR BETTER. 2. CONTRACTOR SHALL CONTACT DIC -UNE AND HAVE ALL UNUTIES LOCATED, RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT TO REQUEST THAT PRESSURE AND GRAVITY IRRIGATION LINES ARE LOCATED. 3. CITY STAFF SHALL MARK UTILITIES TO THE BEST OF THERE KNOWLEDGE ON WASTEWATER MaTMENT PLANT PROPERTY. CONTRACTOR SHALL TAKE EXTRA PRECAUTIONS WHEN DIGGING ON TREATMENT PLANT PROPERTY, THE EXACT LOCATION OF ALL EXISTING UTILITIES IS UNKNOWN. 4. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PIANS. 5. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. 6. PRIOR TO INSTALLING CONDUIT CONTRACTOR SHALL BE RESPONSIBLE FOR WALKING THE MKS OF THE FIVE MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT AREA - 7. CONTRACTOR SHAD. BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITY LINE OR PIPE. Plans Are Accepted For Public Street Construction By stomping and signing the improvement pans, the Registered Dgineer ensures be Mstrat Had the pans mnlarm to 09 Dow pokbs and standards Variances or voiaom must be sandflard- 1 and PrenousN appmnni b7 Iw Garnet in wriG, kceptame of be improvement pons by the DIo1Tid does not retia+¢ the Rm,nnsf edn 7uin1 M n,.a umbTgns. BY DATE (O°i' APPROVED FOR C®NSTRt9MON MERIDIAN PUBLIC WORKS AF'PROYED BY Mw 0 SHFFT 3 OF 13 INSTALL JUNCTION BOX INSTALL 286 LF FIBER OPTIC CONDUIT INSTALL 286 1 FIBER OPTIC CABLE N: 719172.99 E: 2443814.88 INSTALL _LOCATE WIREs(OUTSIDE CONDSIIT) _— - - m INSTALL 27 LF FIBER OPTIC CONDUIT INSTALL 27 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) `�= i IN A 357 LF FIBER PC CONDUIT INSi -- ---- INSTALL 357 LF FIBER OPTIC CABLE _ --- INSTALL LIGATE WIRE (OUTSIDE CONDUIT) INSTALL 156 LL FIBER OPTIC CONDUIT INSTALL 156 OF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT IN 718867.59 IRRIGATION AND POWER LINES ARE SHOWN AS APPROXIMATIONS. CONTACT NMID FOR LOCATING ASSISTANCE PRIOR TO STARTING CONSTRUCTION. --ALL CONDUIT INSTALLATION ON TREATMENT PLANT PROPERTY SHALL BE BY THE OPEN TRENCH METHOD. NO BORING SHALL BE ALLOWED. INSTALL 96 LF FIBER OPTIC CONDUIT INSTALL 96 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) ANGLE POINT N: 718749.05 E: 2444562.10 Rimm -1t1111 ¢CONTRACTOR SHALL KEEP ONE LANE TO THE TREATMENT PLANT OPEN AT ALL TIMES. COORDINATE WITH TREATMENT PLANT AND PUBLIC WORKS INSPECTOR. IF ONE LANE CANNOT BE KEPT OPEN THEN WORK SHALL OCCUR DURING ACCEPTABLE NIGHTTIME OR WEEKEND HOURS AS DETERMINED BY THE CITY OF MERIDIAN. NO ADDITIONAL PAYMENT SHALL BE MADE TO THE CONTRACTOR FOR THIS WORK. INSTALL 228 LF FIBER OPTIC CONDUIT N: ]20481.30 INSTALL 228 LF FIBER OPTIC CABLE E: 2444151,20 INSTALL LOCCAATE111 E�(OUTSIDE 111,11") Of _ a I a err ] \\\\\ \ x f "z .FIVE MILEdo \ �\ ±312 FT RADIUS. Y FOLLOW EDGE OFS EXISTING PAVEMENT._INSTALL JUNCTION BOX N: 719093.32 7 E: 2444\025.80 a r EX13IING 18° "TIRO' HE � # ABANDONED IN PLACE. Q Er�CONFlRM WIDT Cltt PPIOR TO \ \ARTI`\\IRK. Ar0 INSTALL 174 LIF FIBER OPTIC C NO IT INSTALL 174 LF FIBER OPTIC OCABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) -- NOTES: 1. ALL SURFACE RESTORATION IS INCIDENTAL TO PR EGT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE -CONSTRUCTION CONDITION OR BETTER. 2. CONTRACTOR SHALL CONTACT DIC -UNE AND HAVE ALL UNUTIES LOCATED, RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT TO REQUEST THAT PRESSURE AND GRAVITY IRRIGATION LINES ARE LOCATED. 3. CITY STAFF SHALL MARK UTILITIES TO THE BEST OF THERE KNOWLEDGE ON WASTEWATER MaTMENT PLANT PROPERTY. CONTRACTOR SHALL TAKE EXTRA PRECAUTIONS WHEN DIGGING ON TREATMENT PLANT PROPERTY, THE EXACT LOCATION OF ALL EXISTING UTILITIES IS UNKNOWN. 4. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PIANS. 5. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. 6. PRIOR TO INSTALLING CONDUIT CONTRACTOR SHALL BE RESPONSIBLE FOR WALKING THE MKS OF THE FIVE MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT AREA - 7. CONTRACTOR SHAD. BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITY LINE OR PIPE. Plans Are Accepted For Public Street Construction By stomping and signing the improvement pans, the Registered Dgineer ensures be Mstrat Had the pans mnlarm to 09 Dow pokbs and standards Variances or voiaom must be sandflard- 1 and PrenousN appmnni b7 Iw Garnet in wriG, kceptame of be improvement pons by the DIo1Tid does not retia+¢ the Rm,nnsf edn 7uin1 M n,.a umbTgns. BY DATE (O°i' APPROVED FOR C®NSTRt9MON MERIDIAN PUBLIC WORKS AF'PROYED BY Mw 0 SHFFT 3 OF 13 e PRIOR TO BIDDING AND SUBSEQUENT CONSTRUCTION OF THIS PROJECT, THE EXISTING ASPHALT PATHWAY ON THE NORTH SIDE OF THE WE MILE hi HAVE BEEN EXTENDED FAST TO USTICK ROAD. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING SITE AND IDENTIFYING EXISTING SURFACE CONDITIONS. CONDUIT SHALL BE BORED UNDER PATHWAY. CONTACT NMID FOR LOCATING ASSISTANCE PRIOR TO STARTING CONSTRUCTION. SOME IRRIGATION UNES ARE SHOWN AS APPROXIMATIONS. CONOUI AND JUNCTION BOX LOCATIONS MAY NEED TO BE ADJUSTED. INSTALL JUNCTION Q REPAIR SIDEWALK AS REAL INSTALL 72 LF FIBER OPTIC CONDUIT INSTALL 72 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) INSTALL JUNCTION BOX N: 717864.09 E 2448991.82 MATCH LINE — SEE SHEET 5 INSTALL JUNCTION BOX N: 717793.67 E. 2448950.21 INSTALL 76 LF FIBER OPTIC CONDUIT (BORE ON INSTALL 76 LF ROM OPTIC CA INSTALL LOCATE WIRE (OUy51DE CONDI. INSTALL JUNCTION BOX N; 717717.24 E: 2448949.21 -' ACHD INSPECTION STAFF WILL BE MORE CLOSELY m MONITORING PEDESTRIAN FACILITES FOR COMPLIANCE WITH ADA STANDARDS. AS A REMINDER, SIDEWALK CROSS SLOPE SHALL NOT EXCEED 2.0%; THERE ARE NO 'TOLERANCES" ALLOWED. SECTION CORNER D 20 40 so 120 N: 717749.38 E: 2449396.79 SCPLE: 1-=40' ANGLE POINT INSTALL JUNCTION BOX N: 717555.63 INSTALL 473 LF FIBER OPTIC CONDUIT IN: 717713.41 E: 2449096.19 INSTALL 473 LF FIBER OPTIC CABLE E: 2446980.20 INSTALL LOCATE WIRE (OUTSIDE CONDUIT) INSTALL 200 LE FIBER OPTC CONDUIT INSTALL 200 OF FIBER OPTIC CABLE L 30 LF FIBER OPTIC CONDUIT INSTALL LOCATE WINE (OUTSIDE CONDUIT) L 30 IF FIBER OPTIC CABLE CONTACT NMID FOR EOCATNG ASSISTANCE PRIOR TO STARTING CONSTRUCTION. SOME L LOCATE WIRE (OUTSIDE CONDUIT) IRRIGATION UNES ARE SHOWN AS APPROXIMATIONS. CONDUIT AND JUNCTION BOX trtnennds Net NEFn T. RP ',,morn NOTES: 1. ALL SURFACE RESTORATION IS INCIDENTAL TO PROJECT UNLESS OTHERWISE NOTED. ALL SURFACES SHALL BE RESTORED TO THEIR PRE—CONSTRUCTION CONDITION OR BETTER. 2. CONTRACTOR SHALL CONTACT DIG—LINE AND HAVE ALL UTILITIES LOCATED. RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT TO REQUEST THAT PRESSURE AND GRAVITY IRRIGATION LINES ARE LOCATED. 3. CONTRACTOR MAY INSTALL CONDOR BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PIANS. I. CONTRACTOR SHALL BE RESPONSIBLE FOR VISITING PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, UTILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. 5. PRIOR TO INSTALLING CONDUIT CONI CTOR SHALL BE RESPONSIBLE FOR WALKING THE BANKS OF THE ME MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT AREA. 6. EXISTING ASPHALT PATHWAY SHALL BE KEPT OPEN TO PEDESTRIAN TRAFFIC AT ALL TIMES UNLESS OTHERWISE NOTED ON PLANS. EXISTING SIDEWALKS SHALL BE KEPT OPEN TO PEDESTRIAN TRAFFIC AT ALL TIMES UNLESS APPROVED BY ACHD. 7. CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITY UNE OR PIPE. Plans Are Accepted For Public Street Construction By stamping and signing the improvement plans, the Registered Engram eneams the Distind that De pNra emform he all Biabiet PoRde, and standards. Vardo. or mdoen net be spaoftd- N and preriomsy appmad by the Bstrot in adding. AeoePlanre of the impronment plans by the DmWot does not relieve the Registered Engineer of th a maparnbli ies. BY DATE0$4"I ADA COUNTt HIGHWAY DISTRICT INSTALL JUNCTION BOX N: 717160.60 E. 2449356.94 INSTALL 154 LF FIBER OPTIC CONDUIT (BORE ONLY)—T INSTALL 154 LF FIBER OPTIC CABLE APP4%®MFOR CONS 6�NJ�80®TIO DATE AUGUST 2014 INSTALL LOCATE WIRE (OUTSIDE CONDUIT) MERIDIAN PUBLIC WORKS Masi DMOILIWA 'ee CONDUIT SHALL BE INSTALLED WITH A MINUMUM Jae No: 1=!f/PHASE 2 OF 6' OF COVER WITHIN BERM AREA TO ALLOW FOR MPROVEn IO. oaTT SHEET 6 Of 13 FUTURE ROAD WIDENING BY ACRID. so n x so s 2. CONTRACTOR SMALL CONTACT DIC—UNE AND NAVE ALL UTIIRIES LOCATED. RETAIN AND PROTECT ALL EXISTING UTILITIES. CONTRACTOR SHALL CONTACT NAMPA MERIDIAN IRRIGATION DISTRICT TO REQUEST THAT PRESSURE AND GRAVITY IRRIGATION LINES ARE LOCATED. 3. CONTRACTOR MAY INSTALL CONDUIT BY OPEN TRENCH OR BORING UNLESS OTHERWISE NOTED ON PLANS. 4. CONTRACTOR SIMLL BE RESPONSIBLE FOR VISIDNG PROJECT SITE AND IDENTIFYING ANY SURFACE FEATURES, LIIILITY INFRASTRUCTURE, OR OTHER ITEMS THAT MAY IMPACT PROJECT. 5. PRIOR TO INSTALLING CONDUIT CONTRACTOR SHALL BE RESPONSIBLE FOR WALKING THE HANKS OF THE FIVE MILE AND IDENTIFYING ANY PIPES THAT RUN ACROSS PROJECT ARM 6. EXISTING SIDEWALKS SHALL BE KEPT OPEN TO PEDESTRIAN TRAFFIC AT ALL TIMES UNLESS APPROVED BY ACHD. 7. CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE APPROPRIATE SEPARATION FROM EXISTING UTILITY LINE OR PIPE. INSTALL 788 LF FIBER OPTIC CABLE mREPAIR SIDEWALK AS REQUIRED INSTALL. LOCATE WIRE (OUTSIDE CONDUIT) N: 716220.52 E: 2449357.24 Oe CONDUIT SHALL INSTALLED A MINUMUM HI 6' OF COVER WITHIN BERM AREA TO ALLOW FOR A T MR FU FUTURE ROAD WIDENING BY ACRD. INSTALL LOCATE WIRE (OUTSIDE CONDUIT) 0 20 ao 90 120 StlLE: t'=b' INSTALL 665 LF FIBER OPTIC CONDUIT INSTALL JUNCTION BOX INSTALL 665 LF FIBER OPTIC CABLE 14:715582 D5 INSTALL 495 LF FIBER OPTIC CONDUIT E:245018437 INSTALL 495 LF FIBER OPTIC CABLE INSTALL LOCATE WIRE (OUTSIDE CONDUIT) INSTALL LOCATE WIRE (OUTSIDE CONDUIT) W-le"Ska" wl� CITY OF MERIDIAN TULLY PARK Plans Are Accepted For Public Street Construction By slamplg and signing the improvement plans. Ne Registered BNineer ensures the I isind Od IM plans onsk. to all Wmt ,F, m and slondwde Variances or °aims mast be speeNeal— r, aM poMausl appmmd by the Distad in aiiGng. Acceptance of the improvement plans by the TOM does not relieve the Registered En "ser f Ih ansiInthoo. BY P n DATE: o-xq f ADA COUNTY IGHWAY DISTRICT APPROVED FOR CONSTRUCTiON MERIDIAN PUBLIC WORKS APPROVED BY DATE m SHEET 7 OF 13 moo©o WNZN� Mr. u�©nnnu RFCQNiG WATERS FIVE MILE AND RHE C'RFASON IAMRk_ ARE LOCATED WITHIN PROJECT AREA. OENS11ME AREAS THIS SIZE DOES NOT CONTAIN MIR UNIQUE OR SENSBNE AREAS TO BE PRESERVED. ERIE PROTECT CONSISTS OF ASIAWMG 10.9W IF OF 1 1/4* MOM OPTIC CONDUIT AND 1G JUNCTION GOES. APFgO111WTELY 7,000 IF OF WE CONDUIT WILL 6Q INSTAY.E) BY INE OPEN MICRON METHOD AND MPROXIIMTELYY ].BW IF WILL BE METALLED BY ERIE MENCHUESS WRING METHOD. WORK THAT WILL BE PERFORMED AOR MIS PROJECT SHVL BE SEQUENCED M: RELINING E)USTMG PAVEMENT, CONCRETE ARD IANDMWINGI UMATIW AND INSFAIABW OF NEW CONDUIT AND JUNCPW WX6: BACAMUNG AND SURFACE BROMWIH (AWNxT. mvEL CONCRETE NLD WiWCWNC). W011N 5 EIMECIEO TO BE COMPLETED WITHIN BD(ry WYB igOM N1E SLAT OF CWBIRNCIYJN. DETNLW CIXSIHULTgN Btl1EWIF WILL BE ESTAWSHIED DUMNG TIE RECONSTRUCTION MEETING. DOTBEMI SOURCES OF SEDIMENT PoLLMON INCLUDE EXCAVATION OF WSGNG ASPHALT. SPOILS FROM MESON EXCAVATOR. PANNO OPERATORS. VEMICIE WAMINO. MG SMCGMR OTHER PGRNMI. SOURCES OF PODUWN INCLUDE CONCRETE WASHOUT AND WASTE MUD WASTE FROM PANHO MfWASONS. ON-SITE STORAGE OF ttMMM1LTgN MMBM S, FUET TAW% FORTA-PUMAS. CHEMICAL STORAGE AREAS, SEWAGE AND SWORN. SIM LITTER. .. udxuF,, FRACTING MGM BEST MMWGEMENt PRACTICES SHALE WE USED THROUGHOUT WE WE WRING CON41RUC110N TO PREVENT SEDIMENT AND DRUM WNTAMINENS MOM ENTERING THE STORM WATER FACULTIES AND CORONARIES. ME B` P'S SCOL. BE INSTALLED PRIOR IB CIXiSTMAMN ACIMNES AND REMOVED UPON PI NEWT COMPLETION. INLET PROTECTION BMP. SHALL BE PLACED AT ALL STORM WATER INET LOCATIONS WIT¶N AND IMMEMMLY MAINSTREAM OF MIS PROJECT. IWl PROLECIpN BMP. SHALL CONAST OF INSTUMIG AND MAINTAINING A STORMWUM BAWD (OR WUN.) SMIMEM CATCH BARN INSERT IN EACH WHOM DRAW INLET AS IN"" GO THIS PAN PER NO BMP 1I1 OR PIWSNG SWM O4 BOOK FlUfD BASS MOUND SLDTRD IMNIGE MRS. STRAW WATNES SHALL BE PLACED ALONG EUSTON VWERNAYB PER OW BMP IIS. GEMMED AREAS AND ST AIMS LEFT NAME NR MODE THAN 14 COUSECNNE DAYS SHALL BE PROIECRO WITH A IEMPoRNH PEAIME(ER SWMFM BURGER BOSH AS SONO MARC. SILT FFNCf5, BERIAS, DIMS, PER ROLLS. OR GRAVEL HAM. STOCKIRMS SNYL ALSO BE PROTECTED PRIOR M ANY MIN EVENT. THE CONTRACTOR WALL SWEEP -UP. SHE GR OMFNWLSE CUAN MUD OR DON MR PUWC RMM-OF-WAYS AND OTHER PAVED MEAS IMPACTED WRING CONSTRUCTION EACH DAV OR AS NEEDED. R,rWLLY DURING NET WEATHER. ME CONTRACTOR SHED. KEEP WE SITE WATERED WITH A WATER NURSK DURING THE HOR-DRi MONTHS TO PREVENT ROESSNE PUST. PAVER SWIMS AND OTHER PAVED MEAS SIMLL BE SWEPT ROUTURY WHEN MSESSNE COST OR CRT BUILD-UP 5 PREBEND. BMP. SIMLL BE INSPECTED AND MAINTAINED W Y AND AFTER STORM ARMS BY RHE RESPONSIBLE PERSON N VERIFY THEY ME IN WORKING OWER. INSPECTION REPORTS WU_ BE LOGGED WEEKLY AND KEPT AT JOB OTE. DERANGING WENCH DEWATERING ACTWFES MAY BE REQUIRED ON THIS PROJECT. PROPOSED CEWAMONC ACIMRES SHALL BE APPROM TI BY E CHIT OF MERIDIAN PRIM TO STARBNG DEWATERING AMIDES. SEDIMENT Al BE REMOVED FROM WATER BY SEDIMENT BASIN OR OTHER MPUGWLE ST%M MATER BMP PRIOR TO DISCHARGING WATER INTO ANY ST°RM BRAN SYSTEM OR WATERWAY. OF"ATSIW ACTIVITIES WILL COMPLY WITH DEC SHORT TERM ACTMIY IXEMPRW. PERMISSION SHALL BE OBTAINED MGM ACCO PRIOR TO DSCWigxG TO ANY STORM WATA SYSTEM. MATERIALS AND WANE MANAGEMENT BMP. MATERIALS STORED ON TIE PROJECT SSE WBL CONSIST OF CORDER. SAND, GRAVEL AND PORTA-POR. GRAVEL AND 5410 WILL BE STOCK PIIS) AT L TOHS Off OF INE WAY OF CON MMW W ACTMIIS AND AWRY MGM TIE RIGHT-OF-WAY AND AT LEAS SO AWAY MOM STORMVUTW CONVEYANCES_ ANY EXTRA WMJQMS SHAL BE REMOVED FROM ME PROJECT TETE PORIA-PO!i SINAL BE LOGATQ AT LEST SO' AWAY FROM S10RM WATER CDryEVANC6 AND IRRMMM FACIUTS AND IMAM) SO TNT. IN TIE EVENT OF A SPILL, CONTMIEMTON 'MU_ BE CONTAINED ANO WT ENTER INE SPORN DMNI S W OR IR MMON FACIMES. PoRFA-POTS SHVL BE LOCATED ON A TRMER OR STAKED, PORTA-POTS WILL BE WEANED ACCORDING TO SUPPIUMS SCHEDULE AND DEMAND FRED INE SHE AFTER WMPLEIIW OF CONSTRUCTION. OTHER OMP'S FOR LMERML WHO WASTE MANAGEMENT INCLUDE: CMMQROR BEBll STABUSH A STAGING AREA ON SIR MO ALL MATERIAL STORWE AREM SHAL BE LtCATW AT UMT W AWAY FRED STORNWATER COWLYANCES AND IRWPATW FAOMS ON AS NECESFWY TO PREVENT MATERIALS FROM ENTERING SND FACHURES. °IL GASOLINE MD ANY HAJMDWS MRSFMCE SHALL BE STORED IN MUMS AND BASS ON PAUEIS UNDER MR MO IN SEWNMAN UMMBR. MATERW9 SHALL BE STONED IN THBR CRO WE. WMANERS WITH THBR MORA, PRODUCT LABELS. ME CONTRACTOR SHALL MVNAN APPROPRIATE MMMRWS ON SRM TO MANAGE SPNLS FROM STORED NOTIRWS AND CMSIRUCIIW EWIPMBR INCLUDING MR MO OL A MANFUL MJBITORY, WMERUL SAFETY SHEETS. AND SURGEON CONTACT INFORIMTIM WILL BE REPT IN ME ON -SPE TRAIER. NO SEWAGE CONTAMINATED MATERIAL REMOVED FROM A TRENCH SNAIL BE STORED OR STOCKPILED IN TME RIGOR -W -WAY. All MAJOR MWPNENT/VEHICIE ROUND AND LWNIWTICE WILL BE PERFORMED OFF -SBE NL MURNEM MOM GENERATED WBM MVNIFNMCE AMINES WILL BE DEPOSED OF MN DESIGNATED MUMS STORED W SPRL PALLETS. ABSORBENT, SPILL CLEANUP MAIERIALS AND SPILL K. SHNL BE AVA9ABLE AT THE COMBINED STAGING AND LMTERWS STORAGE AREA DRIP PANS WILL BE PLACED UNDER ALL EQUIPMENT RWEMNO WJNIENMLE AND VEHICLES MO EQUIPMENT PAWNED OVERDOES. LEANS SHALL BE HEPAIRED IMMEDNIELY OR PROBLEM EOUOMENTANICLE SHALL BE REMOVED FROM PMUECT SHE ALL SNILS SHALL BE CLEANED UP IMMFOATELY MO M AMPLE MWNT OF CLEANUP MATERIALS SHALL BE KEPT M SIZE ALL ON SITE PERSONNEL SHALL BE TRAINED W RHE CORRECT PROCEDURES WR SPILL PREVENTION AND CONTROL NOBRGTAMI PROCEDURES AND CONVICT ORIGINATOR FOR LOCAL PRICE DEPARTMENT. FIRE DEPAXTMLNE AND SEWAGE TREATMENT FgO1T1Y 9MLL W PUSHED NUR AMTERVL MWASE AREA, ME CONTRACTOR SHALL DISPOSE OF SCESS CONSTRUCTION MATERIALS MO BRING IN WATERTONI WMPSIERS. A TEMPORARY WASHOUT MU RR NARROWS WAWE (MCLUCNC CONCRETE WASH WATER) BHALL BE IXC'AVAIED M RHE WASTE SHALL BE PLACEDIN WMNNo PROMM M SNE, WAS OUT MEAS WALL BE LOCATED A MINIMUM OF M MET MOM STORM MAN METS OR WATER COURSES AND BE CONSTRUCTED PER ITT STMDAM MING P -YE OR APPROM EQUIVALENT. MATIXW SIMV BE ARMED M DAY AND THEN DISPOSED M AS A MUD WALE a EROSION AND SEDIMENT CONTROL PLANCITY OF MERIDIAN PUBLIC WORKS FIBER OPTIC LINE DWA(ZP: ') IMRp.3I a� END OF max"T FINAL SITE STA UaTION WILL POSEN SURFACE RESOWIKKI OF PAYED, GNNTL AND AIDSGPFD AREAS OSWRBEB DURING CONSTRUCTION. TEMPoRARV RUN WILL BE REMOVED WHEN SURFACE RESFOPAMN 5 WMPI£lE. TIE WORN AREA HAS BEEN CL5AMD, MO AL COMMENT M0. MATERIALS PAVE BETH REMOVED FROM SIZE PVR DE90NE11, CML CUBAN MNNLTAMS JIM MONEY, P.E CERTFCMM NUMBER: CONO2-00089 HEMONSIBLE_PETRSON TO BE PRONDED BY COBBACIM HALLOWING PUBLIC OWING OF PROOM NOTES O STRAW WILE O CATCH BASIN INSERT NOTES: 1, ALL CONDUIT UNDER SIDEWALK, ROADWAYS AND LANDSCAPING SHALL BE INSTALLED BY THE TRENCHLESS BORING METHOD. D fiG 120 2I0 Ifi0 SCALE I'=120' T Z I- 4 G Q 19 C W W m aLL 166 U) O x IO u I; SHEET 10 OF 13 MERIDIAN CDY HALL NETWORK PHASE 2 NETWORK DIAGRAM MERIDIAN WATER DEPARTMENT NETWORK MERIDIAN WASTE WATER TREATMENT PLANT NETWORK I I I j PHASE 1 PHASE 2 N L) U z a S m W Y. O V CQEPi1 IIJ1F. mm. M ff M14 1. NL QOPNIC MEPkIpNS UMWW 13ME IG6 .P /AE Rffl®+fh1M1E .0 Mo: 13 16 SHEET 11 OF 13 I I xoom � � Age o 0 I FF pp S 2 O — — Pl. LL I — U z_o U3 O o a a z�z � F a U I (� z• caxoua Z 2 SFE BHf£f B O 1 2 p J j 1 an®swv ars O OFFME �mcewr �\iun wE i �i _ a d f W W m W N W6 y=OF �L IL AM LU t. ALL aDaxc orvlcnDlM xeE amPssmrnm>: orxr xM NOT gr OR mar,N ro PL[ 33 WATER DEPARTMENT ' � W"�""°s'"""°°` x w. clam aims ro � Nmsuam, wMan uM Lw our Br cavmicMa. m a 1�IN5lNL Fmm JUNCIIDN DWI LOGipN Dr HBEIt MICrpN W% M9L DE DEIFIO]Nm B! 11E qIY Of � 3 a orPunlR,r. 2 PUtL P14tlE I Fl IMD DFrILE 1Na0U,11 INBfI11F0 Y CMU OND DFMM M m4rN1ED iMFa JUNCIgN BOIL W1E AIIOUST 2x11 x OIBINL 4) 1LiC rMm C/9i5 m mBr.NlFD Fl Am" Box LL a W40 mMi CI&6 OfUMxG I]NFAI81l,D ro 9E MN ODOMWW Mm YBO1M1 R DmANDBNr IND M W OSm m jw m ro1]NFAIB F1I61M6 iMm PKK PMRL SHEET 12 OF 13 O i DEPICTIONS ARE REPRESENfAM ONLY AND IMT SEF OR CWABN TO SGML BE 24 SID,WO SINGLE MODE NEER. TUNS TO BE MEMUNEO. YERIFI D AND UID Off BY CO Fok R JUNCTION BOX. U FoN OF NBFR JDMCNON BO% TO BE COROMANT WRR MBRION EE D BUT OF COOUB FROM IUN=N BOX AND INTO Mn MOM ONDOB RIMING FROM TO ADMIN. WILDING. M JEED THROWN UKOMG GOMMS CONDOR JUNCTION BOX ON CNSICE W BALONG W JOMNON BOX IN WMMS ROOM ON THE SECONO FLOOR OF AUMM BUROING. LOCATON OF ON JUNCTION BOX NNW CONN ROM TO BE DETFRAHNED BY Cm OF MERIDIAN IT a 0 W 2 LL O H V SHEET 13 OF 13 DATE: November 5, 2014 IT 5J PROJECT ITEM TITLE: RECREATIONAL PATHWAY EASEMENT Recreational Pathway Easement Between Mission Coast Properties ID, Inc., and the City of Meridian Regarding Reflection Ridge Subdivision No. 3 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-090768 BOISE IDAHO Pgs=6 LISA BATT 11/06/2014 02:19 PM MERIDIAN CITY NO FEE 11 1 11 1111 III 11111 III III I 111111 111111 II II 1111 1 1 III 00038060201400907680060068 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 5 j day of kithie-mkx.v 2014,between Mission Coast Properties ID,Inc.,an Idaho corporation,hereinafter referred to as"Grantor",and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS,the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple-use non-motorized recreation,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,said easement unto said Grantee,its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement 4 GRANTEE: CITY OF MERIDIAN • 0 • Tammy de rd,Mayor . City of f T JDJANom. Attest b olycee Holman, City ClerSEAL: Approved By City Council On: STATE OF County of• On this day of 4 ve ,2014,before me,the undersigned,a Notary Public in and for said State,personally appeared TAMMY DE WEERD and JAYCEE 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 myhand and affixed myo i cial seal the day andY ear first above written. .0s$•i•♦• I � �i i • g011e (SEAL) 47....11.4.1 '�` • N• 'UBL ' - • • y• • RY l Ot esi �n at: � • � ,# • Commission Expires: •`•4>; •" • ••47i •••• f • . • • • Recreational Pathway Easement 'TED TO ENGINEERS CONSULTING ENGINEERS,SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288•FAX 208-323-2399 Project: 140008 Date: October 27, 2014 Page 1 of 2 EXHIBIT"A" 24-foot wide Pathway Right-of-Way Easement A parcel of land located in the SW1/4 of the NE1/4 of Section 30,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County, Idaho,more particularly described as follows: COMMMENCING at the east one-quarter corner of said Section 30; thence,along the south boundary of said NE1/4, A) S.89°43'54"W., 1757.75 feet to the POINT OF BEGINNING;thence,continuing, 1) S.89°43'54"W.,34.21 feet;thence,parallel with and 50.00 feet southwesterly of the existing centerline of the Ridenbaugh Canal the following courses: 2) N.45°43'00"W.,760.47 feet to the beginning of a tangent curve;thence, 3) Northwesterly along said curve to the right,having a radius of 350.00 feet,an arc length of 128.03 feet,through a central angle of 20°57'29",of which the long chord bears N.35°14'15"W., 127.31 feet;thence,tangent from said curve, 4) N.24°45'31"W, 378.25 feet;to the beginning of a tangent curve;thence, 5) Northwesterly along said curve to the left,having a radius of 200.00 feet,an arc length of 93.05 feet,through a central angle of 26°39'27", of which the long chord bears N.38°00'10"W.,92.22 feet to the west boundary of said SW1/4 of the NE1/4; thence,leaving said parallel line,along said boundary, 6) N.00°07'22"W., 29.79 feet to the beginning of a non-tangent curve;thence,parallel with and 26.00 feet southwesterly of the existing centerline of the Ridenbaugh Canal the following courses: 7) Southeasterly along said curve to the right,having a radius of 224.00 feet,an arc length of 122.89 feet,through a central angle of 31°25'57",of which the long chord bears S.40°23'42"E„ 121.35 feet;thence,tangent from said curve, H:\140008-BOMPFiles\DescriptionsV4FT pathway easement.doc Project: 140008 Date: October 27,2014 Page 2 of 2 8) S.24°45'3 I."E., 378.23 feet to the beginning of a tangent curve; thence, 9) Southeasterly along said curve to the left,having a radius of 326.00 feet,an arc length of 119.25 feet,through a central angle of 20°57'29",of which the long chord bears S.35°14'15"E., 118.58 feet;thence,tangent from said curve, 10)S.45°43'00"E., 784.85 feet to the POINT OF BEGINNING. CONTAINING 33,182 sq. ft. (0.76 acres,more or less). SUBJECT TO: Record documents. EXHIBIT"B"attached, and by this reference made a part hereof. \ti Ar Alifr i) 375 • 4 •n 11$1* • .4* w4rOVALv"- 11:1140008-BONWPFiles1Descriptions‘24FT pathway easement.doc ci ui 512— .-....„,--...... EXHIBIT "B" 24 FOOT WIDE PATHWAY EASEMENT '.- g LOCATED IN THE SW1/4 OF THE NEI/4 OF SECTION 30 TOWNSHIP 3 NORTH, RANGE I. EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO LT, 2 0 CN I/16 2014 SECTION 30 t 5 CURVE TABLE CURVE RADIUS LENGTH DELTA BEARING CHORD C1 350.00' 128.03' 20'57'29" N35"14'15"W 127.31' Q cv Ns, C2 200.00' 93.05' 26'39'27" N3800'10"W 92.22' C3 224.00' 122.89' '31'25'57" 4 S40•23'4'2"E ' 121.35' g N7.1 4. C4 326.00' 119.25' 20'57'29" S35'14'15nE 118.58' 11, * ra dr. 1, %- x.. r 0 LINETABLE og tp. 0 ,-- = 1 r' UNE BEARING DISTANCE 0 1 .,-. ut ...% t.ta to L1 S89'43'54"W 34.21' 1 III .1'e4 L2 NO0`07'22"W j 29.79' E ' \ 5 ,,i,\\•c & 0 100 200 400 § 41100 4 11.1.1.111iiiimilliallammanini 44 440 A,r:, (1,40 .,,4 % A, N,,'14,„4f4. at7 OrIrt, 0.- EASEMENT AREA g IX 4W IP 4:1'4 -94' 4, ..v- cl ce 1) + 01 (tsr_ st. 'e % .Ir›.• CLA g %O. t -IA 1110* \ ..E5 4b S. t, OA. BASIS OF BEARING LAND LI ri-89'43'54"W 1757.75'30*29 CP&F INST.NOS r.;4k.:),vit.7t4g, . Ae f if,(4k 14.1. 8005452,94002909, 104004547,113086839& fe "1/1 \ .. 114003637 x 13765 / ' P Till 4'' ID T-0 ENGINEERS Ce 1 'P08 0 iiviA.vc.:k 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE:(208)323-2288 FAX:(208)323-2399 g i EKE: 140008-V-X8-14ft PATHWAY.chvg OATE:27-Oct-14 JOB:140008 DATE: November 5, 2014 ITEM NUMBER: 5K PROJECT NUMBER: Approval of Master Service Agreement with Syringa Network for Internet Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes 561,1111 111111, oll 1! 1;qj� I�; A, IN•1191,1111 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Revision I Date I Owner I status CNT-LGL-01E-09440-R01 1 10/30/2014 Cynthia Melillo I Released This MASTER SERVICES AGREEMENT (this "Agreement") is entered into effective as of the 30th day of October, 2014 (the "Effective Date"), by and between Syringa Networks, LLC, an Idaho limited liability company ("Syringa Networks"), whose principal place of business is located at 12301 W. Explorer Drive, Boise, Idaho 83713 and City of Meridian, a municipal corporation of the State of Idaho ("Purchaser"), whose principal place of business is located at Meridian City Hall, 33 E. Broadway, Meridian, ID 83642. THE FOLLOWING IS A LEGALLY BINDING AGREEMENT BETWEEN PURCHASER AND SYRINGA NETWORKS WITH RESPECT TO SERVICES. EACH PURCHASER EXPRESSLY REPRESENTS AND WARRANTS THAT (i) THE PURCHASER HAS READ, UNDERSTOOD, ACCEPTED AND AGREED TO EACH AND EVERY ONE OF THE TERMS SET FORTH BELOW; (ii) IS AT LEAST 18 YEARS OF AGE; (iii) HAS THE POWER AND AUTHORITY TO ENTER INTO THE AGREEMENT. The Agreement will become binding upon Syringa Networks for any Service Order only when the Services are delivered to Purchaser. The Agreement shall be immediately binding upon Purchaser upon its placement of any Service Order, regardless of how such Service Order is placed. Any deviations from this Agreementare not valid unless expressly confirmed in a signed writing by Syringa Networks. The parties reject any and all terms and conditions that are supplemental to this Agreement unless expressly approved in a signed writing by Syringa Networks. No course of prior dealing, business practices (whether existing, past or future) of Syringa Networks with respect to sales of Services through online, offline or other channels or means, or industry practices, will modify, supplement or explain the Agreement used herein. D:71Y [�iDf►t1 Y [�7►fy 1.1 Meaning. Words shall have their normal or common meanings, except as otherwise defined in this Agreement: (a) Affiliate: An entity that controls, is controlled by, or is under common control with, either Syringa Networks or Purchaser. "Control" is the ability to affect, directly or indirectly, the policies, management and operations of an entity through ownership of voting securities, by contract, or otherwise. (b) Agreement: This Agreement, including incorporated Addenda, Exhibits, Schedules, Appendices and other documents, as well as any amendments made by the Parties. (c) Circuit: A telecommunications facility connecting two or more Purchaser locations. (d) Early Termination Liability: The charges due from Purchaser to Syringa Revision I Date I Owner Status CNT-LGL-0IE-09440-R01 1 10/30/2014 1 Cynthia Melillo Released Networks for the termination of any Service ordered pursuant to this Agreement prior to the end of the applicable Service Term. (e) Emergency Maintenance: Maintenance which, if not accomplished promptly by Syringa Networks, could result in damage to Syringa Networks' Network or a degradation or loss of Service to Purchaser or other Syringa Networks customers, as determined by Syringa Networks in its sole discretion. (f) Exhibit: A document (including appended Schedules or other attachments) that is appended to and made part of this Agreement and pertains to a particular product, including without limitation any and all Exhibit A Service Orders. (g) Governmental Charges: Charges, both retroactive and prospective, that Syringa Networks is required or permitted to collect from Purchasers in connection with the furnishing of Service by Syringa Networks. The charges result from the application, enforcement or interpretation of existing, new or revised laws or regulations, actions taken by federal, state, local or foreign regulatory authorities, or judicial acts or decisions (collectively, "Governmental Activity") that directly or indirectly impose costs on Syringa Networks. Governmental Charges include, but are not limited to, those arising out of local, state, federal, foreign and third party actions, programs or requirements relating to Universal Service, number portability, TRS, E911, access, reciprocal compensation and franchising. (h) Network: The telecommunications network of one of the Parties, as applicable. (i) Off -Net Service or Type 2 Service: Service where one or more of the locations at which Service is provided is not served directly by Syringa Networks' Network, thereby requiring that a portion of Service be furnished by a third party service provider. When Syringa Networks provides Off -Net Service, the terms, conditions and pricing is done on an individual case basis ("ICB") and will be subject to the requirements of the underlying service provider for that part of the Service it provides. 0) On -Net Service: Service where all locations at which Service is provided are served directly by Syringa Networks' Network, allowing the entire Service to be furnished by Syringa Networks. (k) Planned Service Outage: A Service Outage caused by scheduled maintenance or by upgrades made to Syringa Networks' Network. (1) Point of Presence (POP): A specific location within a Local Access Transport Area (LATA) where Service originates or terminates. (m) Point of Termination: A location at which Syringa Networks' Service responsibilities end and Purchaser's responsibilities begin. A Point of Termination may be the demarc where Syringa Networks and Purchaser interconnect at Revision I Date I Owner I status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released Purchaser Premises, a local exchange carrier's central office, or a long-distance carrier's POP identified on Exhibit A. (n) Premises: A physical address at which Service is provided and identified as a Point of Termination or Service location in a Service Order. (o) Purchaser: The person, firm, corporation or other entity that orders Service and is responsible for the payment of all charges for Service, as well as compliance with applicable requirements set forth in this Agreement. (p) Service: Syringa Networks -provided telecommunications or related service described in an Exhibit, a Schedule or a Service Order. Service may include entrance cables or drop wires terminating in a Syringa Networks distribution panel (DSX) situated on Purchaser Premises. (q) Service Order or Exhibit A: A Service request set forth on an "Exhibit A" form that specifies the type and quantity of Service desired, Premises addresses, Points of Termination, protocols, requested Start of Service Date, and other information needed to provision Service. (r) Service Outage: An interruption or degradation of Service. (s) Service Request Date: The Service availability date requested by Purchaser in a Service Order. (t) Start of Service Date: The date Service is first available for use by Purchaser, which date may be an accepted Service Request Date or the date Syringa Networks notifies Purchaser of Service availability. (u) Taxes: Amounts Syringa Networks is required or permitted by federal, state, local or foreign taxing authorities to collect from Purchaser in connection with the furnishing of Service. Taxes include, but are not limited to, personal property taxes on property used to provide Service and sales, use, receipts, telecommunications, excise, utility, or other similar transaction -based taxes, however designated, imposed directly on the Service or upon Syringa Networks as a result of its provision of Service. "Taxes" does not include any tax based on Syringa Networks' net income, net worth, capital structure or payroll. JK11%1j ILA' 2.1 Service. Syringa Networks will provide, and Purchaser will receive, the Service or Services as set forth in an Exhibit A and such subsequent Exhibit As as the Parties may mutually agree. Syringa Networks shall not be required to provide any Service for which it has not received a signed Exhibit A and signed billing information schedule from Purchaser. Syringa Networks will be deemed to have accepted such Exhibit A at such time as Syringa Networks signs the Exhibit A. Notwithstanding the foregoing, any Exhibit A Revision I Date I Owner IStatus CNT-LGL-01E-09440-ROI 1 10/30/2014 1 Cynthia Melillo I Released not signed by Syringa Networks will be deemed valid and binding upon the Parties upon commencement and acceptance of the Services ordered pursuant to such Exhibit A. 2.2 Availability of Facilities. (a) Service is offered and furnished subject to the availability of all necessary facilities, including those acquired by Syringa Networks from or through third parties. Syringa Networks may limit or allocate Service, if necessary, due to facilities availability, taking into account Syringa Networks' then -current and projected capacity and the reasonable expectations of its existing and future customers. (b) Except as expressly provided otherwise in an Exhibit or Service Order, Syringa Networks, following the provision of reasonable notice to Purchaser, may: (1) alter the methods, processes or suppliers by or through which it provides Service; (2) discontinue furnishing a feature or supporting an application associated with Service; (3) change the facilities used to provide Service; or (4) substitute comparable Service for that being furnished to Purchaser. (c) Except as expressly provided otherwise in an Exhibit or Service Order, the facilities used to provide Service will be of Syringa Networks' exclusive choosing. In no event will title to those facilities vest in Purchaser or any other individual or entity. 2.3 Equipment and Access to Premises. (a) Syringa Networks will own and control all Syringa Networks equipment necessary to provide the Service, which will remain Syringa Networks' personal property regardless of where located or attached ("Syringa Networks Equipment"). Syringa Networks may upgrade, replace or remove Syringa Networks Equipment, regardless of where located, so long as the Services continue in effect as set forth herein. Purchaser may not alter, move or disconnect Syringa Networks Equipment and is responsible for any damage to, or loss of, Syringa Networks Equipment caused by Purchaser's breach of this provision or as the result of Purchaser's negligence or willful misconduct. Syringa Networks has no obligation to install, maintain or repair any equipment owned or provided by Purchaser, unless otherwise agreed to in a writing executed by the Parties. If Purchaser's equipment is incompatible with the Service, Purchaser is responsible for any special interface equipment or facilities necessary to achieve compatibility. Syringa Networks shall not be liable for any failure to provide or maintain any Service is such failure is the result of a lack of access rights as required hereunder. (b) Syringa Networks may require access to Purchaser's premises to provision, install, inspect, maintain and repair the Services and the Syringa Networks Equipment. Purchaser must provide Syringa Networks with a contact and/or help desk number that can be reached at all times. Purchaser must also provide Revision I Date I Owner I status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released reasonable access rights and/or rights of way from third parties, space, power and environmental conditioning as may be required for installation and maintenance of the Syringa Networks Equipment at Purchaser's premises. (c) If Purchaser intends to connect the Services to facilities that it does not own, it must provide Syringa Networks with and maintain (for the Service Term) a current letter of authorization and carrier facility assignment, as applicable. (d) If Purchaser requests that Syringa Networks perform work associated with Purchaser's side of the Point of Demarcation, such as demarcation extensions, preparation of Purchaser's premises, testing of Purchaser's equipment or facilities, inside wiring and/or maintenance work on Purchaser's equipment, facilities or wiring, and Syringa Networks agrees to perform such work, Purchaser shall be responsible for paying Syringa Networks a time and materials charge associated with performance of the work. 2.4 Delays; Non-performance. Syringa Networks will not be liable to Purchaser or others with respect to any: (a) delay in meeting a Service Request Date; or (b) inability to provide Service after the Start of Service Date, except to the extent set forth in this Agreement. 2.5 Purchaser Information. Purchaser must provide all information necessary to provision Service, and/or such other information reasonably requested by Syringa Networks relating, among other things, to Purchaser's application or use of Service. ARTICLE 3 - BILLING; PAYMENT; FINANCIAL STANDING 3.1 Billing. Monthly recurring charges are billed in advance; usage charges are billed in arrears; and non-recurring charges may be billed in advance or in arrears, as agreed in any Service Order. If Service is made available on a day other than the first day of a monthly billing period, or if Service is discontinued on a day other than the last day of a monthly billing period, monthly recurring charges will be prorated for the monthly billing period. 3.2 Purchaser Payment Obligation. Except as provided in Section 3.5 with respect to disputed amounts or as set forth on any Exhibit, Purchaser must pay all invoiced charges for Service without deduction or setoff within sixty (60) days of the date of an invoice ("Payment Period"). Unless otherwise permitted by Syringa Networks, payment must be made by check or wire transfer in accordance with instructions provided by Syringa Networks. If payment is made by check any restrictive endorsements or statements placed on checks will not be binding on Syringa Networks. 3.3 Late Payments. (a) Interest. Except with respect to amounts disputed in good -faith by Purchaser, compounded interest shall accrue on invoiced charges not paid within the Payment Period as follows: (i) all sums remaining unpaid between one (1) and fifty nine (59) Revision I Date I Owner Status CNT-LGL-OIE-09440-R01 1 10/30/2014 1 Cynthia Melillo Released days after the expiration of the Payment Period shall accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum allowed by law, if less) from the expiration of the Payment Period until the date payment is made; and (ii) if such sums remain unpaid for sixty (60) or more days after the expiration of the Payment Period, such sums shall accrue interest at the rate of three percent (3%) per month (or the maximum allowed by law, if less) from the expiration of the Payment Period until the date payment is made. Interest due hereunder shall be referred to herein as the "Default Rate of Interest." In addition, Purchaser may be required to reimburse Syringa Networks for all reasonable costs incurred in connection with collection activities, including attorneys' fees and court costs. (b) Default Payments. In addition to the default interest set forth above, if Purchaser defaults in the payment of any sum due hereunder, Purchaser shall pay to Syringa Networks a late charge equal to five percent (5%) of the overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Syringa Networks will incur by reason of late payment of Purchaser. Acceptance of such late charge by Syringa Networks shall in no event constitute a waiver of Purchaser's default with respect to such overdue amount, nor prevent Syringa Networks from exercising any of the other rights and remedies granted hereunder. (c) Order of Application of Payments. All payments hereunder shall be applied first to fees, charges, including late charges, attorney's fees and costs, if any, then to interest and then to principal (with the oldest outstanding principal amounts being the first to be paid). 3.4 Purchaser Financial Standing. Upon a good faith determination by Syringa Networks that a change has occurred in Purchaser's financial condition, Syringa Networks may request information from a reporting agency to enable Syringa Networks to assess Purchaser's credit history and current credit standing. Purchaser hereby consents to all such inquiries. Based on the information acquired, Syringa Networks may change its billing arrangement with Purchaser including, without limitation, requiring weekly payments or a deposit of up to two (2) times Purchaser's aggregate monthly invoicing for the most recently invoiced monthly billing period. 3.5 Bill Disputes. To dispute an invoice, Purchaser must notify Syringa Networks by submitting its dispute as provided in Section 15. 1, which dispute must include billing information, Circuit number(s), and any opened trouble ticket number(s), along with a full explanation of the basis of the disputed charges. Except as provided in an Exhibit, Purchaser, in good faith, may withhold the disputed amount but, nevertheless, must pay the undisputed remainder of the invoice within the Payment Period. No charge may be disputed more than sixty (60) days after the date of the invoice on which a charge appears. Any Purchaser payment of a charge timely disputed and in the manner required will not deprive Purchaser of its right to dispute the charge. Syringa Networks will investigate Purchaser's claim with a view toward resolving the dispute within thirty (30) days of Syringa Networks' receipt of Purchaser's notice. Following an investigation in which Revision I Date I Owner status CNT-LGL-01E-09440-ROI 1 10/30/2014 1 Cynthia Melillo Released Purchaser co-operates with Syringa Networks, Syringa Networks may in good faith reject Purchaser's claim, in whole or in part, and will advise Purchaser of the reason for its action. If the dispute is not resolved to Purchaser's satisfaction, the Parties may further address the dispute pursuant to Article 13. 3.6 Bill Dispute Consequences. If a disputed amount withheld by Purchaser is determined to have been a legitimate charge, interest at the Default Rate of Interest may be charged, at Syringa's discretion, on the amount not paid within the original Payment Period, and Purchaser must pay the total amount due and owing within five (5) business days of its receipt of notice of the determination from Syringa Networks. 4.1 Applicability. Unless otherwise expressly set forth on Exhibit A, the monthly recurring fees do not include any Government Charges and/or Taxes that may be imposed by any Governmental Activity in relation to the Service. Purchaser is responsible for payment of any Government Charges and/or Taxes except those based on Syringa Networks' net income, personal and real property, and assets. 4.2 Payment and Other Obligations. Purchaser must pay existing and future Taxes and Governmental Charges and comply with new or revised terms and conditions imposed by Syringa Networks as a result of Governmental Activity. Syringa Network's will provide thirty (30) days' notice to Purchaser of any new or revised terms and conditions resulting from Governmental Activity and such new or revised terms shall be effective immediately. If Syringa Networks decides to impose new or revised terms and conditions neither mandated by nor consistent with a Governmental Activity, Syringa Networks will furnish Purchaser with at least thirty (30) days notice of the new or revised charge or terms and conditions, and Purchaser may discontinue the affected Service, without any termination or other payment obligation (except for any charges owed for Service up to the time of termination), by furnishing Syringa Networks written notice of its intent to discontinue the Service no later than thirty (3 0) days after receipt of Syringa Networks' notice of the new or revised charges, terms or conditions. 4.3 Exemption Certificate. If Purchaser believes itself to be exempt from any Taxes or Governmental Charges, it may provide Syringa Networks with a certificate demonstrating its eligibility for exemption. If the certificate is accepted, Syringa Networks will cease imposing the applicable Taxes or Governmental Charges and, if such charges previously had been imposed and collected, Syringa Networks will credit Purchaser in an amount equal to the charges paid by Purchaser during the ninety (90) day period immediately preceding the delivery of the accepted certificate, unless otherwise required by law or regulation. 4.4 Survival. Purchaser's obligation to pay Taxes and Governmental Charges under this Article 4 will survive the expiration or early termination of this Agreement. Revision I Date I Owner IStatus CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released F.11,13 WN LIN M MIs 0 01 tliffyll 5.1 Term. The initial term of this Agreement will commence on its Effective Date and end three (3) years thereafter. The term automatically will renew on a month-to-month basis unless one Party provides the other with written notice of its intent not to renew it at least sixty (60) days prior to the end of the initial term or at least thirty (30) days prior to the end of any renewal term. If a term of Service established in a Service Order extends beyond the date of expiration of this Agreement, the affected Service will be provided in accordance with the term established in the Service Order pursuant to the Agreement set forth in this Agreement as though they had remained in full force and effect. 5.2 Termination and Discontinuation of Service. (a) Procedure. If Purchaser terminates this Agreement (other than as provided in Section 5.1) or discontinues a Service for any reason, Purchaser must provide Syringa Networks with written notice in accordance with Article 15. Termination of this Agreement or any Service requires thirty (30) days prior written notice. For discontinuation of Service, the notice must identify the affected Service(s) (e.g., the Circuit ID and its Primary and Secondary locations) and provide the requested termination date for discontinuation, which may not be less than thirty (30) days from the date Purchaser's notice is received by Syringa Networks. A purported termination or discontinuation employing any other form of communication, or which fails to include essential information, will be ineffective, and Purchaser will remain fully obligated to Syringa Networks. (b) Early Termination or Discontinuation. Unless otherwise agreed by the Parties in writing, if Purchaser terminates any Service ordered under this Agreement prior to the expiration of the Service Term set forth in any Service Order or Exhibit A, or for any early termination of Service due to an event of default by Purchaser for which Syringa has a right of termination of any Service prior to the expiration of the Service Term, Purchaser will be liable to Syringa for the Early Termination Liability as follows: (i) All unpaid amounts for Service provided through the date of termination, including all monthly recurring charges and non-recurring charges, interest, late fees and charges, and attorney's fees and costs of collection; and (ii) Unless Purchaser terminates pursuant to Subsection (c) below, one hundred percent (100%) of the remaining monthly recurring charges that would have been incurred for the On -Net Service for all remaining months of the Service Term, and (iii) Interest, late fees and charges, and attorney's fees and costs of collection, if applicable. Revision I Date I Owner I status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released (c) Non appropriation. This Agreement is contingent upon Customer receiving the necessary funding to cover the specific obligations of the Customer under this Agreement. In the event that such funding is not received, appropriated, or has been mandated to be cut or held back by the Customer then, and in that event, Customer's obligations under the Agreement shall cease and each party shall be released from further performance under the Agreement without any liability to the other party. Notwithstanding the foregoing, Customer shall not be permitted to terminate this Agreement pursuant to this section 5.2(c) by ceasing to fund this Agreement while providing funding to a competitor for any internet Services at any time during the Service Term. 7.1 The Parties. Each Party represents and warrants it is, and will remain, duly organized, validly existing, and in good standing under the laws of the place of its origin, and possesses all the authority necessary to enter into and perform its obligations under this Agreement. 7.2 Syringa Networks. Syringa Networks represents and warrants that: (a) its On -Net Service is designed, installed, provided, and maintained in compliance with applicable legal requirements; and (b) it possesses, and will maintain, all licenses, approvals, registrations and certifications required by regulators or other third parties to furnish its Services to Purchaser. 7.3 Purchaser. Purchaser represents and warrants that: (a) all Purchaser traffic handled by Syringa Networks is compliant with applicable legal requirements and those established in this Agreement; and (b) it possesses, and will maintain, all licenses, approvals, registrations and certifications required by regulators or other third parties to furnish its services. 7.4 Exclusion of Other Warranties. THE WARRANTIES SET FORTH IN SECTIONS 7.1 THROUGH 7.3 ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INTERFERENCE, AND NON - INFRINGEMENT. 8.1 Default Events. A Party is in default under this Agreement if any of the following Revision I Date I Owner Status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo Released occurs (each an "Event of Default"): (a) a Party becomes insolvent, liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, involves any provision of law for the relief of debtors or initiates any proceeding seeking protection from its creditors; or (b) a Party violates any legal requirement relating to the provision or receipt of Service, and the violation is not remedied within thirty (30) days of receipt of written notice of the violation; (c) except as may otherwise be provided in an Exhibit, a Party fails to perform a material obligation under this Agreement (other than the payment of money), and the failure is not remedied within thirty (30) days of receipt of written notice of the failure. Any failure of Service resulting in Service Outage credits is not a default entitling Purchaser to terminate the affected Service or this Agreement; or (d) Purchaser fails to pay any amounts due hereunder, and the failure is not remedied within ten (10) days of written notice of the failure; provided, however, Syringa Networks shall not be required to provide such notice more than two times in any twelve month period and such failure to pay when due thereafter shall be deemed an Event of Default without notice. 8.2 Default Remedies. Upon any Event of Default hereunder, the non -defaulting Party shall have the following remedies, to be exercised at its option, in addition to other remedies at law or in equity: (a) 'Termination for Non Monetary Breach. In addition to remedies available at law or in equity, the non -defaulting Parry may terminate this Agreement (including its Exhibits and Service Orders, both implemented and pending), in whole or in part, for any Event of Default other than the failure to pay any sums due hereunder. (b) Remedies for Failure to Pay. Upon any Event of Default arising from the failure to pay any sums due hereunder, Syringa Networks may, at its option, do one or more of the following: (a) refuse to accept additional Service Orders; (b) without further notice, suspend and/or disconnect Service furnished under this Agreement or any Service Order until Purchaser has paid all past due amounts owed, with interest and late charges as set forth in this Agreement; (c) offset unpaid balances with amounts Syringa Networks may owe Purchaser under any other agreement between the Parties; or (d) terminate any and all Services furnished under this Agreement or any Service Order. Following any suspension or disconnection of Service for non- payment, Service will not be restored until Purchaser pays in full all charges then due, including any late fees, interest, collection costs, and the costs incurred by Syringa Networks in restoring Service. If Purchaser fails to make full payment of the charges due within thirty (30) days of such suspension or disconnection, Service will be terminated effective as of the date of suspension. Revision I Date I Owner I Status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released (c) Early Termination Liability. A payment default or other default by Purchaser resulting in termination of this Agreement or any Service ordered pursuant to this Agreement will entitle Syringa Networks to collect from Purchaser applicable Early Termination Liability as set forth in Section 5.2. 9.1 Confidential Information. Each Party must protect the other's confidential information with the same degree of care used to protect its own confidential information, but in no event may less than a reasonable standard of care be used by either Party in connection with the preservation of the other Party's confidential information. Confidential information shall be used by the recipient only for the purposes of performance under this Agreement, any Service Order, and the Schedules comprising this Agreement. 9.2 Non -Disclosure. Neither Party shall disclose, publish, release, transfer or otherwise make available confidential information of, or obtained from, the other in any form to, or for the use or benefit of, any person or entity without the disclosing Party's consent. The Parties shall, however, be permitted to disclose relevant aspects of the other's confidential information to their officers, directors, employees, auditors, attorneys and representatives, to the extent that such disclosure is not restricted under this Agreement, any Service Order, or the Schedules comprising this Agreement and only to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under this Agreement and the Schedules; provided, however, that the recipient shall be responsible for ensuring that such officers, directors, employees, auditors, attorneys and representatives abide by the provisions of this Article 9. 9.3 Permitted Disclosures. Notwithstanding the foregoing: (a) To the extent it is required to disclose such information in the context of any administrative or judicial proceeding, recipient may do so to the minimal extent required to comply with such required disclosure, provided that, to the extent permitted by applicable law, prior written notice of such disclosure and an opportunity to oppose or limit disclosure is given to disclosing Party, and such disclosed information shall continue to be safeguarded as confidential unless and until it falls under an exception set forth in Section 9.3(b) below; and (b) Recipient shall have no obligation under this Agreement with respect to any confidential information disclosed to it that (i) recipient can demonstrate was already known to it at the time of its receipt hereunder; (ii) is or becomes generally available to the public other than by means of recipient's breach of its obligations under this Agreement; (iii) is independently obtained from a third party whose disclosure violates no duty of confidentiality; or (iv) is independently developed by or on behalf of recipient without use of or reliance on any confidential information Revision I Date I Owner I status CNT-LGL-01E-09440-ROl 1 10/30/2014 1 Cynthia Melillo I Released furnished to it under this Agreement. ARTICLE 10- INDEMNIFICATI®N 10.1 Syringa Networks' Indemnification of Purchaser. Syringa Networks will defend and indemnify Purchaser, its employees, directors, officers, and agents, from and against any suit, proceeding, or other claim brought by any person or entity (not a party to or an Affiliate of a party to this Agreement) that is caused by, arises from, or relates to: (a) damage to real or tangible personal property or personal injuries (including death) arising out of the gross negligence or willful act or omission of Syringa Networks in the provision of Service; or (b) Syringa Networks' violation of any of its representations and warranties under this Agreement. 10.2 Purchaser's Indemnification of Syringa Networks. Purchaser will defend and indemnify Syringa Networks, its employees, directors, officers and agents, from and against any suit, proceeding, or other claim brought by any person or entity (not a party to or an Affiliate of a party to this Agreement) that is caused by, arises from, or relates to: (a) damage to real or tangible personal property, personal injuries (including death) arising out of the gross negligence or willful act or omission of Purchaser in the use of the Service; (b) representations regarding the nature of Purchaser's traffic; (c) any use or resale of Service by Purchaser or others; or (d) Purchaser's violation of any of its representations and warranties under this Agreement. 10.3 Intellectual Property. If Service, by itself as provided by Syringa Networks, becomes, or if Syringa Networks reasonably believes it may become, the subject of a suit, proceeding or other claim by any person or entity (not a party to or an Affiliate of a party to this Agreement) that the Service directly infringes U.S. patent, trademark or copyright rights of such person or entity, Syringa Networks at its own expense and option will: (a) procure the right to continue to provide Service; (b) modify or replace Service with a different one having substantially similar functionality; or (c) discontinue the Service and, as appropriate, refund to Purchaser a pro -rata portion of charges paid by Purchaser through the date of Service discontinuance. 10.4 Procedure. If a claim is made against Syringa Networks or Purchaser, the Party in receipt of the claim ("Indemnified Party") will notify the other Party ("Indemnifying Party") in writing no later than sixty (60) days after learning of a potential claim. The Indemnifying Party will be entitled to assume sole control of the defense of the claim and all related settlement negotiations. The Indemnified Party will provide assistance, information and authority reasonably necessary to assist the Indemnifying Party. A Party may not settle a claim without the other's consent if the settlement would impose an obligation on, or require any admission by, the other Party. Failure of the Indemnified Party to provide notification of a claim will not relieve the Indemnifying Party of its obligations under this Agreement except to the extent the delay prejudices the Indemnifying Party. Revisio I Date I Owner IStatus CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released 10.5 Limitation. Sections 10.1 and 10.3 set forth the entire liability of Syringa Networks, and Purchaser's sole and exclusive remedies, with respect to any claim subject to indemnification under this Agreement. 10.6 Survival. These indemnification obligations will survive termination of this Agreement. ARTICLE 11- LIMITATION OF LIABILITY 11.1 Consequential Damages. Neither Party is liable to the other for any indirect, consequential, special, incidental, reliance, or punitive damages of any kind or nature whatsoever including, without limitation, any lost profits, lost revenues, lost savings or any other business loss including goodwill, loss of use of property, loss of data, cost of substitute performance equipment or services, downtime costs, and claims for damages or harm to business regardless of foreseeability or whether damages are caused by the negligence, willful misconduct, or wrongful act arising from or related to this Agreement. A Party's out-of-pocket costs for damages of the kinds specified in the preceding sentence that are recovered by a third party are indirect damages to such Parry, and each Parry releases the other Party and its Affiliates, as well as their respective officers, directors, managers, employees, and agents, from damages from such claim(s), except to the extent they constitute claims for which indemnification is due under Sections 10.1 and 10.2. 11.2 Service Credits and Liability Limits. Purchaser's sole remedy for any failure of Service is the right to receive Service Outage credits due under this Agreement as set forth in Exhibit B, attached hereto and incorporated herein by this reference. SYRINGA NETWORKS' ENTIRE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR CLAIMS ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT (OTHER THAN FOR SERVICE FAILURES FOR WHICH SERVICE OUTAGE CREDITS WILL BE GIVEN AS SET FORTH ABOVE), IS LIMITED TO THE LESSER OF THE DIRECT DAMAGES ALLEGED AND PROVED BY CUSTOMER OR THE TOTAL AMOUNT PAID BY CUSTOMER FOR SERVICE DURING THE THREE (3) MONTHLY BILLING PERIODS IMMEDIATELY PRECEDING A CLAIM. The foregoing limitations apply to all causes of action and claims irrespective of their nature, including breach of contract, breach of warranty, strict liability, negligence, misrepresentation, or any other tort. With the exception of payment of fees and charges due under this Agreement and except as otherwise expressly provided in this Agreement, neither Parry shall be liable to the other Party under this Agreement for any delay or failure of performance resulting from any cause beyond such Party's reasonable control and without its fault or negligence, including without limitation, unusually severe weather conditions; earthquakes; floods; nuclear accidents; acts of God; epidemics; war, terrorist acts, riots, insurrections and civil Revision Date I Owner I status CNT-LGL-01E-09440-RO1 1 10/30/2014 1 Cynthia Melillo I Released disturbances; government regulations; acts of civil or military authorities or the public enemy; and fuel or energy shortages (collectively "Force Majeure"). The Parties agree that no labor dispute concerning the personnel and subcontractors of either Party will be considered a Force Majeure event. The undersigned Parties acknowledge and understand that they are transacting business in the state of Idaho and that this Agreement was negotiated, accepted and shall be performed in Idaho. 13.1 Applicable Law and Venue. This Agreement will be governed by the laws of the State of Idaho without regard to choice of law principles. The Parties agree any action arising out of or relating to this Agreement not otherwise resolved through subsection 13.3 of this Article, may be brought in state courts located in Ada County, Idaho, or in the United States District Court for the District of Idaho, and each Party hereby irrevocably and unconditionally submits to such jurisdiction and venue. The Parties agree and acknowledge that the transaction contemplated herein is initiated in Idaho, this Agreement was formed in Idaho, and performance of this Agreement shall be in Idaho. Each Parry agrees to personal jurisdiction in Ada County and waives any objection to jurisdiction or venue there. 13.2 Mediation. The Parties may elect to engage in non-binding mediation as a first alternative to litigation. Such an election must be mutual and reflected in a writing signed by both Parties. Each Party will bear its own costs in mediation and all third party mediation costs will be shared equally between the Parties, unless otherwise agreed. ARTICLE 14 - ASSIGNMENT 14.1 Assignability. Upon at least thirty (30) days written notice, either Party may assign this Agreement to an Affiliate without the prior written consent of the other Party. In connection with any assignment by Purchaser to an Affiliate, or a merger, reorganization or sale of all or substantially all Purchaser assets to a third party, the assignee must: (a) assume, in writing, all responsibilities and obligations under this Agreement; (b) be at least as creditworthy as Purchaser (as determined by Syringa Networks in its reasonable discretion) as of the Effective Date of this Agreement; and (c) deliver to Syringa Networks executed documents that are acceptable to Syringa Networks and establish the terms of the Assignment. 14.2 Prior Agreement. If this Agreement is assigned to an entity that, prior to the assignment, had an agreement with Syringa Networks, the service being provided will continue to be governed by that prior agreement, and the Service provided under this Agreement will be governed by this Agreement, each without reference to the other. Revision I Date Owner status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released ram tka m re P a unimunrum 15.1 Bill Disputes. Purchaser must submit a dispute of any invoiced charge(s) electronically to accounting@syringanetworks.net or such other address as Syringa Networks may specify from time to time. 15.2 Service Discontinuation. Purchaser must submit a request to discontinue a Service to disconnects@syringanetworks.net or such other address as Syringa Networks may specify from time to time. A request to discontinue Service will be effective no sooner than thirty (30) days after receipt thereof. 15.3 Other Matters. All other notices under this Agreement, including any notice pertaining to termination of this Agreement, must be in writing and delivered by overnight courier (e.g., Federal Express, DHL) or certified mail, return receipt requested, or via electronic mail to the persons whose names and business addresses appear below. A notice will take effect on the date of its receipt by the receiving Party: If to Syringa Networks: Syringa Networks, LLC. 12301 W. Explorer Drive Boise, Idaho 83713 Attn: Greg Lowe, CEO Email: glowe@syringanetworks.net With copy to: Cynthia A. Melillo. Cynthia A. Melillo PLLC 8385 W. Emerald Street Boise, Idaho 83704 Email: cam@camlawidaho.com If to Purchaser: To the address on file at the time Purchaser submits a Service Order Syringa Networks may change its address and point(s)-of-contact by notifying Purchaser by bill message insert, email or in accordance with the requirements established in this Article. ARTICLE 16 - MISCELLANEOUS 16.1 Interpretation. This Agreement may not be construed or interpreted against either Purchaser or Syringa Networks because that Party drafted, or caused its legal representative to draft, any of its provisions. 16.2 Order of Precedence. If there is an express inconsistency between a Term set forth Revision Date I Owner I status CNT-LGL-01E-09440-ROl 1 10/30/2014 1 Cynthia Melillo I Released herein, by itself, and a term in any Exhibit, or other contract document (including any Non -disclosure Agreement), the order of precedence, from the most to the least controlling, is the term contained in: (a) the Exhibit or other contract document (including any Non -disclosure Agreement); then (b) this Agreement. 16.3 Syringa Networks Facilities, Equipment and Software. Syringa Networks facilities, including equipment and software, used to provide any Service will remain the exclusive property of Syringa Networks or its assignee, and nothing contained in this Agreement can be interpreted to convey to Purchaser any right, title or interest in the facilities, equipment or software, which will remain personal property even if attached to or embedded in realty. Purchaser may not remove or conceal any identifying plates, tags, or labels affixed to Syringa Networks facilities or equipment, nor may Purchaser alter, or attempt to alter, software furnished as part of Service. Syringa Networks may substitute or rearrange the facilities or equipment, or modify the software, so long as the quality of Service is not impaired by the changes. Upon termination of Service for any reason, Syringa Networks will retrieve its facilities and equipment from Purchaser Premises or Purchaser, at its expense, will return to Syringa Networks, within thirty (30) days of Service termination, all Syringa Networks -provided facilities and equipment, along with any software and other information or materials provided by Syringa Networks in connection with the furnishing of Service. The facilities, equipment, software or other materials retrieved or returned will be in the same condition as when initially delivered to Purchaser, normal wear and tear excepted. If Purchaser fails to return Syringa Networks' property or allow for its retrieval, Purchaser must reimburse Syringa Networks, upon demand, for the replacement cost of the facilities, equipment, software, and other information or materials provided, as well as any costs incurred by Syringa Networks resulting from the Purchaser's failure to return Syringa Networks' property. 16.4 Agency; Partnership; and Third Parties. Neither Party becomes the agent or legal representative of the other Party as a result of this Agreement, nor does it create a partnership or joint venture between the Parties. In addition, this Agreement confers no rights, benefits, or remedies of any kind on third parties. 16.5 Waiver. No waiver of any provision in this Agreement will be binding unless in writing and signed by both Parties. The failure of a Party to insist on the strict enforcement of any provision of this Agreement will not constitute a waiver of the provision and all terms of this Agreement will remain in full force and effect. 16.6 Subsequent Agreement; Signatures; and Communication Methods. (a) Subsequent Agreement. No subsequent agreement between the Parties concerning Service will take effect or be binding unless made in writing and signed by both Parties. Revision I Date I Owner I Status CNT-LGL-01E-09440-RD1 1 10/30/2014 1 Cynthia Melillo I Released (b) Signatures. Any requirement for a signature in any document relating to this Agreement may be satisfied by a facsimile transmission of an original signature or by delivery of electronic mail in PDF or similar scanned format, or by an electronic symbol or process ("e -signature") attached to or logically associated with this Agreement, including any component hereof, and executed or adopted by a person having the intent to sign the document. Any person completing, submitting or executing any such document on behalf of Purchaser by way of the Internet or other electronic or online means represents that he/she possesses the authority to act on Purchaser's behalf and any such documents so delivered to, and accepted by, Syringa Networks will be binding on Purchaser. (c) Communication Methods. Neither electronic mail nor instant messaging (IM) will be a "writing" sufficient to modify the terms of this Agreement, although those methods of communication may be used otherwise in the performance of the Parties' obligations under this Agreement. 16.7 Entire Agreement. This Agreement sets forth the entire understanding of the Parties and supersedes prior or contemporaneous agreements, arrangements, or understandings, both written and oral, with regard to Service. The Addenda, Exhibits and other documents to which reference has been made are integrated parts of this Agreement. 16.8 Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, it will be ineffective only to the extent of its invalidity and will not affect the remaining provisions in this Agreement. 16.9 Non -Exclusivity. This Agreement is non-exclusive. Either Party may enter into similar arrangements with others. 16.10 Publicity. Neither Party may issue a news release, public announcement, advertisement or other form of publicity relating to this Agreement or Service without the prior written approval of the other Party. 16.11 Survival. The terms of this Agreement which, by their usage and context, are intended to survive this Agreement including, without limitation, the obligation to make payments for Service, will survive its expiration or termination. 16.12 Headings and Internal References. (a) Headings. The Article and Section headings in this Agreement, including all its incorporated documents, are for convenience only and may not be considered in interpreting the provisions in which they appear. (b) Internal References. Any plainly erroneous references or citations to Articles and Sections in this Agreement, including all its incorporated documents, will allow either Party to demonstrate to the reasonable satisfaction of the other Party the intended reference or citation based on logic, context and previous versions of Revision Date I Owner IStatus CNT-LGL-01E-09440-ROl 1 10/30/2014 1 Cynthia Melillo I Released contractual documents. IN WITNESS WHEREOF, Syringa Networks and Purchaser have executed this Agreement as of the date first above written. Syringa N Name: Its: Chief Executive Officer City: By: Name: J Its: � , Exhibit A ❑a Mash Semkes Agreement Attedre E:1 A151k On File ❑ Stundard Terms a CondMons ❑ RFP Timor. CUSTOMER INFORMATION Customer Name: City Of Meridian Order Contact: Dave Tlede Tech / Design Contact: Test /Turn -up Contact: Billing Contact: falling Address: City, State, Zip: Customer Order No: LnE17C ❑a New [] Change [3 Renewal Syringe Networks Order R Existing Circuit ID for Change Order: Phone: 208.489.0496 Phone: Phone: Accounts payable Phone: 33 E. Broadway Ave. Phone: Meridian, ID 83642 CARRIER CUSTOMERS ONLY ❑C/OCN Code: FD __] DIA Requested ❑ LOA Requested Order Date: _ Requested Due Date: Related Order(s): (Syringo Networks use only). Form Co.Meted Be- CNT-FIN-005-09440-147 ❑ Promotion: E-mail: dtiede@meddmncity.org E-mail: E-mail: E-mail: E-mail: Due Date: SERVICES ORDERED BY THE CUSTDMER THAT SYRINGA NETWORKS WILL SUPPLY FUSF ON NA IOCATIpNZ PIU TOTAL MRC TOTAL NRC PERSERVICE PER SERVICE -Internet 1 5 ring! Networks-Intemet Dl Rall c10N 33 E. eroadwa Ave. Meridian, ID W.IW�t 00.00 $0.00 do aNetwerks-Intemet Meridkn Police Departmentx10% 1401 E.Watertowerpve. MeridNn, ID $400.00 NON:SwMpo NemmkSPolne ofoe mnfbnarhe mrperorPbvpwthaMoJJori synnpa Natwodb'gemise epuipnxM TOTAL PRICING AND CHARGES FUSF: Due to direction from UMC, customers of Syringa Networks are required W ldendfythe percentage of Interstate break that rides eachdrouttpurchased. The percentage efinterstate usage, commonly known ss HU, shall be designated as either. Lewthanict%or Greaterthan i(i% Interstate telecommunications traffic Includes, but Is not limited to; broadband Internet access, wireless telephony, including cellularanld personal communication services(PCS); paging and messaging services; dlspateh services; mobile radia services; oparatorservices; accessto Interexchange service; special access; wide area teacomnunkatfon services (WATS); subscriber toll-hee services; 900 services; message telephone servlces (MTS); telex; telegraph; video services; satellite services; and Interconnected VOIP services°, and are subject tothe FUSF Surcharge. Please review the services listed above and choose the percentage of interstate traffic that you utilize (orearh service. By signing below customer warrants that the FUSF Pm selected for each service above Is coned Monthly Recurring Charges $g00.00 Non -Recurring Charges $0.00 Contract Term (Months) �Manehr Sales Rep Jeff Monis REMARKS: PLEASE PROVIDE A NARRITIVE DESCRIPTION OF THE SERVICES ORDERED Please provide (2) SOOMbps Internet connections to the (2) locations In Meridian, ID as described above. Contact Dave Thede for assistance. s.usrbrmrhereby makes trio Transport service Order, pursuant to the syringe Networks Standard Terms antiConditions set forth at http://wwwryringanetworks.neVsupport/te.m .rOwditlons/or Master Services Agreement by and between the parties. Desired Installation Date is subject to Syringo Networks Vltereal provisioning Internists, which arc specific service type and facility availability. Pmvlsloning interval begins after receipt of all required dacumenmtlon. Orders will not be considered complete until Customer has provided all required information. Customer Is subject to a 30 day disconnect Interval upon receipt Of disconnect codec The confined Term will automatically will renew on a month.to-north basis unless one Party provides the other with written notice of as Intent not to renew It at least sixty (60) days prior to the end of the Initial term brat least thirty (30) days priorio the end of any renewal term. Customer warren is that the individual listed We. has full and complete authoritym bind Customer- By execution hereof, IfCwtomer has not entered Into a Master Services Agreement with Syringe Networks, Customer acknowledges that Customerhav read and agrees to abide by the Standard Terms and Conditions set forth at htnn//www,syrtngami orks.stet/support/tffms_an mndidom/, per revision CWT L-0I1-9WDDn01. This Exhlblt A will be deemed wild and binding upon the Parties upon commenrernent and acceptance of the Services orderedppeodRTlsf to, whether or not signed by Syringe Networks. Signawre: Printed Name: Company: City of Merl an Signature: Printed Name: I OL f{ E l nl Yl MA Tnk: 'J �7CEd Title: , y �t n-(] Data: / / rt�C-� Date: // /3 /a-( Revhlon: CM LGW06-9000PR01 FAX to: 208-2293130 Revision I Date I Owner Status CNT-LGL-01E-09440-R01 10/30/2014 Cynthia Melillo Released 10:4:I11111r SERVICE LEVEL AGREEMENT This Service Level Agreement applies to the Transport Service furnished to Purchaser and is incorporated into and made part of the Syringa Networks Standard Terms and Conditions to which this is attached (the "Terms"). 1.1 Definitions. For purposes of this Exhibit B, the following terms have the meanings set forth below: (a) Protected Service. Service providing an ability to support failure recovery via redundant electronics in the network, diverse routing between two Syringa Networks' POPS, or both. (b) Unprotected Service. Service providing a single transport path between two locations, without redundant electronics or diverse routing capabilities. 1.2 Availability and Response. (a) Service Availability per Monthly Billing Period. Availability is defined as the relative amount of time a Circuit is usable during a monthly billing period. A Circuit is considered unavailable when there is a complete loss of use. Syringa Networks' Service availability objectives are 99.999% for Protected Service and 99.99% for Unprotected Service. (b) Response and Repair Times. Syringa Networks' Mean Time to Repair ("MTTR') objective is a yearly average of four (4) hours per occurrence with no single occurrence lasting more than six (6) hours from the time a Trouble Ticket is opened. 1.3 Credit Allowances for Service Outages. If Service is unavailable (other than as a result of a planned Service Outage) Purchaser is entitled to receive a credit for the prorated monthly recurring charge of the affected Service. A credit allowance will reduce Purchaser's payment obligation on a subsequent invoice. A Service Outage begins when Syringa is notified or becomes aware of Service unavailability, whichever first occurs, and ends when Service is restored. The total outage time of the Service Outage is the difference between its start and end times, less any delay time resulting from Syringa Networks' inability to access Purchaser or End User Premises. If Purchaser reports a Service Outage but declines to release the Service for testing and repair, the Service will be deemed to be impaired, but not a Service Outage eligible for a credit allowance. Revision I Date I Owner Status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released 1.4 No Credit Allowances. Credit allowances do not apply to Service Outages: (a) involving Off -Net service; (b) caused by Purchaser or its End User or their agents or contractors; (c) resulting from a power failure at Purchaser or End User Premises; (d) resulting from the failure or malfunction of non-Syringa-provided equipment or systems; (e) due to causes beyond the reasonable control of Syringa Networks, its contractors or its agents; (f) occurring during any period in which Syringa Networks is not given access to Purchaser or End -User Premises; or (g) occurring during any planned Service Outage, unscheduled emergency maintenance, scheduled maintenance, or changes in Service requested by Purchaser. 1.5 Credit Eligibility Requirements. To be eligible to receive a credit allowance for a Service Outage, Purchaser must: (a) report the Service Outage by causing Syringa Networks to open a Trouble Ticket; (b) submit a written request for a credit allowance to Syringa Networks within one - hundred (100) days of the date of the Service Outage; (c) be current on all payments due and owing to Syringa Networks; and (d) provide such other information as reasonably required by Syringa Networks to investigate the claim. Unless otherwise expressly allowed, Service Outages are not aggregated for purposes of determining a credit allowance. 1.6 Credits. (a) Protected Service. The following credit allowances apply to Service Outages involving On -Net Protected Service: Service Outage Length Credit Per Circuit 15 minutes or less None 15 to 60 minutes 10% of the MRC 61 to 119 minutes 25% of MRC 120 to 179 minutes 50% of MRC 180 to 239 minutes 75% of MRC Revision I Date I Owner Status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released 240 minutes or greater 100% (b) Unprotected Service. The following credit allowances apply to Service Outages involving On -Net Unprotected Service: Service Outage Length Credit Per Circuit Up to 240 minutes None 240 to 480 minutes 25% of MRC 481 to 600 minutes 35% of MRC 601 to 720 minutes 50% of MRC More than 720 minutes 100% of MRC (c) Limitation on Credits. The total credit allowances for any Circuit may not exceed 100% of the MRC for such Circuit during a monthly billing period. 1.7 Chronic 'Trouble. (a) Reporting. Whenever a Purchaser reports to Syringa Networks that a Service has Chronic Trouble, Syringa Networks will immediately investigate and report its findings to Purchaser. (b) Protected Service. A Protected Service is considered to have Chronic Trouble if it experiences four (4) or more related Service Outages of more than two (2) hours each OR for twenty-four (24) or more aggregate hours in any calendar month, and such Outages do not result from any one or more of the occurrences set forth in Section 1.4(b) through (g), above. If a Service experiences Chronic Trouble, Purchaser may obtain credit allowances for the Service Outages as set forth in Section 1.6 above or discontinue the affected Service(s) without any further liability to Syringa Networks (except to pay for Service up to the date of termination) upon furnishing written notice to Syringa Networks as set forth in the Terms. In addition, if a Service continues to experience Chronic Trouble during a thirty (30) day period after clearing the most recent Chronic Trouble for the same Service, Purchaser may discontinue the affected Service without any further liability to Syringa (except to pay for Service up to the date of termination) upon furnishing written notice to Syringa. (c) Unprotected Service. An Unprotected Service is considered to have Chronic Trouble if it experiences three (3) or more Service Outages of more than twelve (12) hours each or for more than forty-two (42) or more aggregate cumulative hours during any calendar month, and the Service Outages did not result from any one or more of the occurrences set forth in Section 1.4 above. 2. MAINTENANCE AND REPAIR 2.1 Performance. Service maintenance and repair will be performed by Syringa Revision Date Owner I Status CNT-LGL-01E-09440-R01 1 10/30/2014 1 Cynthia Melillo I Released Networks, or its designated contractor, at no additional charge to Purchaser whenever a Service failure is caused by Syringa or its contractor. Additionally, Syringa Networks or its contractor will provide all maintenance spares at Syringa Networks' sole cost and expense. 2.2 Timing. Syringa Networks will maintain and repair Service twenty-four (24) hours a day, seven (7) days a week. Scheduled maintenance will be performed during specified Purchaser maintenance windows. Purchaser must provide Syringa Networks with a maintenance window within seventy-two (72) hours of a request from Syringa Networks. In case of emergencies, Syringa Networks will furnish as much prior notice to Purchaser as is practicable. If Purchaser requests in advance, Purchaser may be present during Syringa Networks scheduled and non-scheduled maintenance and repair activities. 2.3 Denial of Access to Premises. If Syringa Networks or its contractor is unable to access Purchaser or End User Premises and such access is required for Syringa Networks to fulfill its performance obligations under this Agreement, Syringa Networks' performance obligations will be deemed to be suspended until such time as Purchaser provides the necessary access to Syringa or its contractor. Revision Date Owner Status CNT-LGL-01E-09440-R01 10/30/2014 Cynthia Melillo final • • r November ..O i_00 SUBDIVISIONITEM TITLE: CASTLE CREEK Development Agreement for Approval: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District 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 2014-091176 BOISE IDAHO Pgs=35 GAIL GARRETT 11/07/2014 12:55 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00038497201400911760360350 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Northwest Ventures, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of _ , 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 Northwest Ventures, LLC, whose address is 6901 W. Emerald Street, Ste. 102, Boise, Idaho 83704, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in Rill, herein after referred to as the Property; and 1.2 'WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I1 -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 6.97 acres described in Exhibit "A", requesting a designation of R-8 (Medium Density Residential) 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 DEVELOPMENr AGREEMENT — CASTLE CREEK SUBDIVISION (AZ 14-009) 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 5t" day of August, 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, 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 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. DEVELOPMENT AGREEMENT -CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers Northwest Ventures, LLC, whose address is 6901 W. Emerald Street, Ste. 102, Boise, Idaho 83704, the party that is developing 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 Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibits A.2 and AA of the Attached Findings of Fact and Conclusions of Law and Staff Report (Exhibit B). 5.1.2 The rear or sides of homes on lots that face E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.3 A 10 -foot wide multi -use pathway connection is required to be constructed at the southeast corner of this site across Lot 13, Block 2from the sidewalk along Amity Road north to the future pathway. 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: DEVELOPMENT AGREEMENT - CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 3 or 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 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 parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, striIfes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENTAGREEMENT--CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE of 8 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 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 shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Northwest Ventures, LLC 6901 W. Emerald Street, Ste. 102 Boise, Idaho 83704 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 —CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 5 or 8 1 S. ATTORNEY FEES; Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office, This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: if any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rezoning 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 DEVELOPMEN'I' AGREEMENT-CAS1'I,F CREEK SUBDIVISION (AZ 14-009) PAGE 6 OF 8 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 Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER/DEVELOPER: Northwest Ventures, LLC By: CITY OF A.: °D AI/S May d�_ n1y de Weerd a a ATTEST: �� �� ?�,�i'I����`a�j��� a pORd30 City of Jaycee > Holman, City Clerk, DEVELOPMENT AGREEMENT - CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 7 OF 8 STATE OF IDAIIO ) . ss: County of Ada, ) On this day of �' 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared -"moo k �,s -j� t_� Q , known or identified to me to be the pf Northwest Ventures, LLC, and acknowledged to me that he executed the same b al of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -,-- 1 `> d (SEAL) Notary Publicidoho Residing at: , 0 `i My Commission Expires: PATRICIA A U€TZ Notary Public State of Idaho STATE OF IDAHO ) . ss County of Ada r, On this J day of �j m be_✓ , 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. f g fl 3fy A (SEAL) 6 ` � F f� � re 1r Notar 'P lie o -Idal Re ng t: f_f'rv(d 1) Commission expires: ( I�aqq , Do _�'v DEVELOPMENT AGREEMENT -CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 8 or 8 EXHIBIT A Legal Description Castlecreek Subdivision - Annexation A parcel being located in the SE'/. of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE 1/4, from which a 6!8 inch diameter iron pin marking the southeast corner of the SE'/, of said SE'/, bears S 89°43'43" E a distance of 2656.26 feet; Thence N 0°15`13" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a point an the centerline of the Ten Mile Drain; Thence leaving said westerly boundary S 52°20'27" E along said centerline a distance of 603.16 feet to a point; Thence continuing along said centerline a distance of 406.42 feet along the arc of a 1071.91 foot radius curve right, said curve having a central angle of 21°40'16" and a long chord bearing S 41 °30'20" E a distance of 403.01 feel to a point; Thence leaving said centerline S 0°26'23" W a distance of 114.96 feet to point on the southerly boundary of said SE Y4; Thence N 89'4343"W along said southerly boundary a distance of 667.72 feet to the POINT OF BEGINNING. This parcel contains 6.97 acres and Is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 30, 2014 ndgoblutlons Wq sorcperq rw ea"aap Castle Creels Subdivision AZ 14-009 Cadecreek SubdMsion Job No. 13-57 EXHIBIT A STAFF REPORT Hearing Date: July 22, 2014 TO: Mayor cob City Council � FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Preckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-009; PP -14-009 — Castle Creels Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Northwest Ventures, has submitted an application for annexation and zoning (AZ) of 6.97 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed consisting of 19 single-family residential building lots and 5 common/other lots on 6.58 acres of laud for Castle Creek subdivision. See Sectio» M of the skiff rehor'/ fi r mom it formation. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Plan njnll & Zomig Commission heard these jtents on Lune 19 20]4 At the bli�lrearinh the C'ontnticsiolt moved to 1'eCOlttlttentl •n i�tt•ovtl of the Subject AZ and PP re ne, a. Summary of Connnis ion Public He.u•ing: i. In favor: Dave Yor =aeon ii. III oltltositios: Nonc iii. Commentin :None iv. Written testimony: Dave Vorgason v. Staff V.Lg&ejjting armlicatifut: Sonva Watters A. Other staff o1jullujing on allplication: None b. Key Issue s) of Discussion by Commission: i. Street fronta ere nirenient for Litt 3, Block 2 a I{ev Conunission Change(sl to Staff Recommendation: i. O11G d. Outstandjug Issue(l for City Conseil: i. The ann icant ► attests i,ot 3 1319ck 2 is allowed a rerinoed street frontage front 50 feet Ig 32 feet. Progerlieb f - iati es r»r �r�r-ire-��,�t r»at ({J))Ynrinrnle ►� n 90 r!e u,gle (me al—Im erl fa be a ru!»!»»rm of 30 feel nreacra'ed as a ghor•d meacr»'er»e»1 her 11-2A-313.1. The Meridian City Conseil heard these items ou July 22, 2014. At the public hearing, the Sbnucil annt•oved the subject AZ and ventre .04 Sununary of City Council Public Nearing_ J. LL favor llayt-YOL>±amm ii• Is opposition: None iii. C'ommentiug• Nose iy. Written testimony: None Y, Staff nresesting annlication: Sonya W tt ems•, .YL Other staff commenting on annlication: None Castle Creek Sub AZ -14-009 & PP -14.009 PAGE, l b, Kev Issues of Discussion by Council, I Paridng for lots accessed by common driyeways c_ Key -Council Chan es totaff/Commission Recommendation i, None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 009 & PP -14-009, as presented in the staff report for the hearing date of July 22, 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 -14-009 & PP -14-009, as presented during the hearing on Judy 22, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-009 & PP -14-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2432 E. Amity Road, in the SE 114 of Section 29, Township 4 North, Range I East (Parcel #: S 112943 8465) B. Owner(s): Northwest Ventures 6901 W. Emerald Street, Ste. 102 Boise, Idaho 83704 C. Applicant: Same as owner D. Representative: Dave Yorgason, Tall Timber Consulting 14254 W. Battenberg Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30, and Jul1 14 2014C Councils C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 25 _2St1i4City C UUM D. Applicant posted notice on site(s) on: June 3, 2014 (Commission); July S. 2014 (City Counill Castle Creek Sub AL -14-009 & PP -14-009 PAGF; 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Future single-family residential properties in Messina Meadows subdivision, zoned R- 8 2. East: Future single-family residential properties in Messina Meadows subdivision, zoned R-8; and a rural residential property, zoned RUT in Ada County 3. South: E. Amity Road; and rural residential/agricultural property, zoned RUT in Ada County 4. West: Rural residential property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject property is currently in design through the Messina Meadows Subdivision No. 5 development north of the subject property. This proposed project will construct the trunk sewer from the point where Messina Meadows leaves off, and bring the trunk to and through to E. Amity Road.. 2. Location of water: Water mains intended to provide service to the subject property are currently in design or under construction in E. Amity Road. 3. Issues or concerns: Development of this project is subject to the timing and installation of sanitary sewer and water services as part of the Messina Meadows Subdivision No. 5, and Whitebark/Southridge developments. E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches that cross this site. However, the Ten Mile Drain exists off-site along the northeast boundary and there is an irrigation easement for the drain that lies on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District, VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE; The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes ort large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The site is proposed to be zoned R-8 which allows a maximum gross density of 8 dwelling units per acre. The proposed plat depicts an overall gross density of 2.89 dwelling units (d.u.) per acre, with a net density of 3.2 d.u. per acre, consistent with the LDR FLUM designation for this site. 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): Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 3 EXHIBIT A ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3,07.01E) The proposed low density residential development should contribitte to the variety of medhan densio) and rural residential uses that exist ill this area of the 001. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street bT ffer landscaping is required adjacent to E. Airily Road an arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be oblained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3,1-7. ® "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed lonw density residential dewlopmrentshould be compatible nvith surrounding residential and agricultural uses. ® "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts 1.88 acres of common open space area to be provided on the site in accord with UDC requirements. ® "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a stab street at the west property boundary for future extension and interconnectivity. ® "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood comiectivity as part of a community pathway system." (3,03.03 B) A 1 Q foot nvide multi -rise pathway is required along the north/east side of the Ten Mile Drain which rums off-site near the northeast boundary of the site. Staff reconnnends a pathway connection is provided at the southeast corner c f this site across Lot 13, Block 2 fr•onr the sidewalk alongAmity Road north to the firlure pathway. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City," (3.01.01 F) City services will be extencled with the development of (lie site in accord with UDC 11-3A-21, TRANSPORTATION: The Master Street Map (MSM) contained in ACHD's South Meridian Transportation Plan depicts a north/south residential collector street along the western boundary of the site between Messina Meadows subdivision and Amity Road, Because a collector street is already planned east of this site with Messina Meadows subdivision to Ustick Road and a stub street will be provided fi•onn Messina Meadows to the parcel to the west for connection to Ustick Road, staff and ACRD do not feel a collector street is necessary to be provided on this site. ACRD staff has approved a modification of policy to allow the removal of this residential coIIector street from the MSM. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Castla.Creek Sub A!_,-14-009 & PP -14-009 PAGE 4 EXHIBIT A Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (.P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables I I -2A-6 for the R-8 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 6.97 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed density is consistent with the corresponding FLUM designation of LDR. Due to the irregular shape of the property and the large area that lies within an irrigation easement for the Ten Mile Drain, staff feels the R-8 zoning is appropriate for dimensional standard purposes because the overall density falls within the range for LDR designated areas. The applicant proposes to develop 19 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the PLUM designation for this property is LDR, which allows for densities of up to 3 dwelling units per acre and the proposed gross density is 2.89 dwelling units per acre, Staff finds the proposed R-8 zoning is appropriate for this property. Because of the irregular shape of this site and the large area that is covered by the irrigation easement for the Ten Mile Drain, the R-8 district is requested rather than the R-4 district for relief from dimensional standards. 2. Preliminaay Plat The proposed plat consists of 19 single-family residential building lots and 5 common area lots on 6.58 acres of land in a proposed R-8 zoning district. The average lot size in the proposed development is 8,045 square feet. The plat is proposed to develop in one phase. Dimensional Standards: The proposed plat is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Lots 2 and 3, Block 2 need to be revised to Castle Creek Sub AZ -14.009 & PP -14-009 PAGE 5 EXHIBIT A reflect 50 feet of street frontage; all other lots comply with the required dimensional standards. Building height and setbacks should comply with the standards listed in UDC Table 11-2A-6, Block Length: The proposed plat complies with the maximum block length standards listed in UDC 11 -6C -3F, Existing Structure(s): There is an existing home on the site that is proposed to be removed. This structure should be removed prior to City Engineer signature on the final plat. Access: Access to this site is proposed on the plat via one public street access to E. Amity Road; direct lot access to E. Amity Road is prohibited. A stub street is depicted on the plat at the west boundary for future extension and interconnectivity. A connection over the Ten Mile Drain is not required on this site as Messina Meadows Subdivision No. 5 northeast of this site is required to provide a connection to the property to the west of this site. Common Driveway: Common driveways are required to comply with the standards listed in UDC 11 -6C -3D. A common driveway is proposed for access to Lots 5, 7 and 8, Block 1. The driveway meets the required dimensional standards. Construction of the common driveway shall comply with the standards listed in UDC 11 -6C -3D. An exhibit showing the setbacks and building envelopes for the lots using the common driveway is included in Exhibit AA as required by UDC 11 -6C -3D.7. Staff approves of the proposed setbacks and orientation of the lots and structures shown. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. The developer plans to extend the sewer trunk line from Messina Meadows subdivision to and through this development and to Amity Road and has submitted a request for reimbursement of oversizing and/or over -digging costs associated with this sewer trunk line. See letter sitbinitted with this C!j)plication. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. A storm drainage pond is depicted on Lot 12, Block 2, 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 E. Amity Road as proposed. Landscaping within the street buffer is required to comply with the standards listed in UDC 11-313-7C. The landscaping shown on the plat complies with UDC standards. 1f the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in ACHD's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting ACHD construction standards and landscape the remainder with lawn or other vegetative ground cover, per UDC 11 -3B -7C.5. The landscape plan should be revised to comply with this requirement. Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 6 EXHIBIT A At a minirnttm, common open space areas are required to include one deciduous tree per 8,000 square feet of common open space, per UDC I 1 -3G -3E. Because all of the common open space area except for the street buffer is encompassed by sewer main and irrigation easements, it's not feasible to plant trees in these areas. There are several existing trees on the site that may be allowed to count toward the requirement or the common area on Lot 12, Block 2 may need to be widened to allow trees to be planted outside of the easement/drainage area. The applicant should include a calculations table on the landscape plan submitted with the final plat application detailing how many caliper inches of trees are being retained on the site in relation to those required. Ti•ee Mitigation: The landscape plan depicts several existing trees on the site that are proposed to be removed as well as several that are proposed to remain. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior- to removal of any trees on the site. Mitigation information shall be included on a revised landscape plan submitted with the final plat application in accord with UDC I 1 -3B -10C.5. Open Space & Site Amenities: Based on the area of the preliminary plat (6.58 acres), a minitnum 0.66 of an acre (or 10%) of open space is required to be provided on the site per UDC 11 -3G -3A in accord with the standards listed in UDC 11 -3G -3B. The plat depicts 1.88 acres (or 28.5%) qualified open space consisting of %2 the street buffer along Amity Road (5,650.5 sq. ft.). and interior open space on Lot 6, Block 1 (8,401 sq, ft.) and Lots I2 (13,904 sq. ft.) and 13 (53,744 sq. ft.), Block 2. Because the open space on Lot 6, Block I consists largely of a common driveway and is not accessible to all residents of the development, this area is not allowed to be included as qualified open space. Additionally, the drainage swale on Lot 12, Block 2 must be constructed in accord with the standards listed in UDC 11 -3B-11 C in order to count toward the qualified open space. Without these areas, a total of 59,394.5 sq. ft. (or 1.36 acres) of qualified open space is still proposed which is over the twice the amount of open space required. Per UDC 11 -3G -3B, a minimum of one site amenity is required in accord with the standards listed in UDC 11 -3G -3C. The applicant is proposing an additional 5% open space as an amenity in accord with UDC requirements. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is proposed along E. Amity Road and 5 -foot wide attached sidewalks are proposed along the internal street (E. Fonthill Street) in accord with UDC requirements. Pathways: There is a section of the City's regional pathway system designated on the Master Pathways Plan along Amity Road and along the northeast boundary of this site along the Ten Mile Drain. The pathway along the drain is being constructed with Messina Meadows subdivision on the east side of the drain. The Park's Department is allowing the 5 -foot wide detached sidewalk required along Amity Road to satisfy the pathway requirement. Staff recommends a 10 -foot wide multi- use pathway is constructed at the southeast corner of the site from the sidewalk along Amity Road north to the future multi -use pathway to be constructed with Messina Meadows Subdivision No. 5. A pedestrian easement is required to be submitted to the City for approval by City Council and subsequent recordation. Waterways: No irrigation ditches cross this site. The Ten Mile Drain runs off site along the northeast boundary of the site. A substantial easement for the drain exists along the rear lot lines in Block 2; the easement should be labeled on the plat. No structures other than fences may be built within this easement without approval from the easement holder. A license agreement Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 7 EXHIBIT A should be obtained from Nampa Meridian Irrigation District (NMID) for the lots that encroach within the easement area. Floodplain: A portion of this site along the northeast property line adjacent to the Ten Mile Drain lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Building Elevations: The applicant has submitted conceptual building elevations for the fixture homes in this development, included in Exhibit A.5. Building materials are proposed to consist of architectural shingles, three different types of siding, with stone accents. Because homes on lots that back tip to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on these lots that face Amity Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break tip monotonous wall planes and roof lines. Fencing: A 6 -foot tall vinyl fence is proposed along the south (along Amity Road) and west (from the southwest corner of the site to E. Fonthill Street) boundaries of this site. A 4 -foot tall vinyl fencing is proposed along the northeast boundary of the site adjacent to the Ten Mile Drain and along the west boundary of the site north of E. Fonthill Street. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. In sumi»rny, Staff recominends approval of the proposed annexation and preliminary plat request for- this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accoi d ii4th the findings contained in Exhibit C, X. EXHIBITS A. Drawings/Outer I. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 4/30/14) 3. Proposed Landscape Plan (dated: 5/5/14) 4. Conceptual Site Plan (dated: 2/27/14) & Setback Exhibit (dated: 5/8/14) 5. Conceptual Building Elevations B, Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Castle Creek Sub AZ -14-009 & Pp -14.009 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Page I EXHIBIT A 2. Proposed Preliminary Plat (dated: 4/30/14) r'-tL1vNAf1i PLAT CASTLECREEK SUBDIVISION Ll,`�AM- 1-i THE ',1,'MEAST CF',E1,T1n Z".7V. R.'C' r. WAW V sic Y MW I ..:n . 34TYPICAL STRW MMOR 1141 C1.0 ------------ ------- ...... 77� .......... — ------ – . . . z� I ( 1 ) I Exhibit A Page 1 r. L IT la o A K t— h Y MW I ..:n . 34TYPICAL STRW MMOR 1141 C1.0 ------------ ------- ...... 77� .......... — ------ – . . . z� I ( 1 ) I Exhibit A Page 1 3. Proposed Landscape Plan (dated: 5/5/14) M I- i L -T H I., CA, 771AICT�, AK SUHDIFT.�701\7 L-71 THE '.VE -T T. . '.'E. T, I -H SHEET 1.1.1 FOR DETAILED LANDSOAPE PLAN % -4 .......... E .%rr, --------------------------------- EXHIBIT A View: VICZgY MA PMLIMINAny DEVELOPMENT mumm, TZIaff l* 41 lwIMMUnki't Nf, DOW, SRS IJ fPJ16'-T _NOTES. SiFalr� il jj uz - M WW— L a OVERALL SITE PLAN ELANKE QEVELOPEH ENGINEER 7� 6EEW4=1.1. CKCHOINEFRING REUMM ZAA VOR IDEMAUXI) r. M ILANIMCAPM PL&WR AND X&O Volt XiAND"APM X)WAILU Exhibit A Page 2 GENERAL LANDSCAPE NOTES A.M.— LKQEND- 41441 61Lr VIMMI— Wkt&ULST OVERALL SITE PLAN ELANKE QEVELOPEH ENGINEER 7� 6EEW4=1.1. CKCHOINEFRING REUMM ZAA VOR IDEMAUXI) r. M ILANIMCAPM PL&WR AND X&O Volt XiAND"APM X)WAILU Exhibit A Page 2 PLANT ACHEOLCE 'y"mr. EXHIBIT A UL", GFNEAAL LANDSCAPE NOTES %i&eft;4M.ug"I'MIM.11- 11* LEGEND - MY I ��� Illllial�llll I1�15 r1:,. IL2.0 x. gL W 18 IL2.0 EXHIBIT A 4. Conceptual Site plan (dated: 2/27/I4) & Setback Exhibit (dated: 5/8/14) C�3'= Mm nre - tnmx��� WIOtfT3Y WmJ26 lLC IAL TMJ(N f*1 B. NMI) Sf1IET m tAYJSiH WTE 2JI 11751 N, &TMVJN m frxEl l ,nmm ML 10M714 205-411-1321 xo-&,8-1079 i -3- EXHIBIT A 20 FOOT SEMACK REQUIRED FOR GARAGE * 15 FOOT SETUACK ALUMED TO LrVM SPACE. /\ 1i ,-� +mneiiv oi: ��• l,r+.TLE���\,F�EEI� CHECKED BY: Asx CK NGINEEERIING DATE: 05/0/14 860 HEADWATERS DR, 5 ET BAC K EXHIBIT FILE: CAUCARY ra LMARr rut a —+t.N� EAGLE, ID 8:5616 ri,�t,. �— PHONE 7OH-569-0590 -4- 61f.vc B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DPPAR PMENT 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. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibits A.2 and A.4. b. The rear or sides of homes on lots that face E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. c. A 10 -foot wide multi. -use pathway connection is required to be constructed at the southeast corner of this site across Lot 13, Block 2 from the sidewalk along Amity Road north to the future pathway. 1.1.2 The preliminary plat included in Exhibit A.2 dated 4/30/14 shall be revised as follows: a. Lots 2 and 3, Block 2 need to be revised to refleo sn feet noom —ly-with the minimum street frontage requirements listed,in aeeeir UDC 11 -2A -3B and Table l 1-2A-6. b. Graphically depict and label the Ten Mile Drain easement. c. Graphically depict and label the sewer line easement on Lot 6, Block 1. 1.1.3 The landscape plan included in Exhibit A.3 dated 5/8/14 shall be revised as follows: a. If mitigation is required for any existing trees on the site that are proposed to be removed, such information shall be included on the plan in accord with UDC 11-313-10C.5. b. If the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in ACHD's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting ACRD construction standards and landscape the remainder with lawn or other vegetative ground cover, per UDC 11 -3B -7C.5; revise plan accordingly. c. The description of the fence on graphic depiction # 4 on Sheet L2.0 should be revised to reflect a 4 -foot tall fence. d. A minimum of one (1) deciduous tree is required per 8,000 square feet of common open space along with lawn, ether seed or sod. e. The Stormwater drainage swale proposed on Lot 12, Block 2 shall be constructed in accord with the standards listed in UDC 11-313-11 C. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC l I -3A-7 and 11 -3A -6B. -6- 1.1.5 The existing structure(s) on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.6 The common driveway proposed in Block I shall comply with the construction standards listed in UDC I 1 -6C -3D.4 which state the driveway shall be paved with a surface capable of supporting fire vehicles and equipment. 1.1.7 A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, per UDC 11 -6C -3D,8, 1.1.8 A minimum of 1.36 acres of qualified open space shall be provided within the development as proposed on the preliminary plat in accord with the standards listed in UDC 11-3G-3. 1.1.9 Prior to signature on the final plat by the City Engineer, the applicant shall submit a recorded copy of the license agreement with Nampa Meridian Irrigation District (NMID) for the lots that encroach within the Ten Mile Drain easement. 1.1.10 A public pedestrian easement for the multi -use pathway shall be submitted to .lay Gibbons in the Parks Department, prior to signature on the final plat by the City Engineer for approval by City Council and recordation. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E. Amity Road is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11 -3A -S. 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- 1 S, UDC 11-3 B-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 I I -3A-21 and 11 -3B -SJ. 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 -3B - 7C. 1.2. 10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, I I -3G -3B5 and 11 -3B -7C. 1.2.12 Comply with all subdivision design and improvement standards asset 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 asset forth in UDC 11-3B-10. -7- 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 I1 -3B-5, UDC 11-313-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 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 I I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). I.415 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC I 1 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant maybe eligible for reimbursements of a portion of the expense of installing the sanitary sewer trunk line through this development per MCC 8-6-5. 2.1.2 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including -8- hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2,1 .3 Applicant shall be responsible for the installation of a 12 -inch diameter water main in E. Amity Road adjacent to the south subdivision boundary. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications, 2.2.2 Per Meridian City Code, 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 easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed casement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer, 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-t-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway .9. District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All 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, and provide evidence of their approval prior to signature on the final plat.. 2.2.16 All grading of the site shall be performed nu conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structires within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for -10 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. FIRE DEPARTMENT 4.1.1 The paved street section of E. Fonthill Street shall be widened to 36 feet to allow fire trucks adequate room to maneuver and turn around in lieu of providing a turn around. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 Prior to removal of any of the existing trees on the site, the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 The removal of a new Residential Collector roadway which would run north/sotith along the west property Iine between Messina Meadows Subdivision and Amity Road from the MSM is approved. 7.1.2 Dedicate 48 feet of right-of-way from the centerline of Amity Road abutting the site. ACRD will provide compensation for additional right -of way dedicated beyond the existing right-of-way line. 7.1.3 Consh•uct 5 foot wide detached concrete sidewalk located approximately 42 feet from the centerline of Amity Road abutting the site. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of-way. 7.1.4 Construct all internal local roads as 34 foot street sections with rolled curb, gutter, and 5 foot wide attached concrete sidewalk within 46 feet of right-of-way as proposed. Obtain written fire department approval for the utilization of a 34 foot street section. 7.1.5 Construct Bankbury Way to intersect Amity Road approximately 2,050 feet east of Glenmere Way as proposed. 7.1.6 Construct a paved temporary turnaround at the terminus of Fonthill Street. The turnaround shall have the dimensional requirements of a standard cul-de-sac; or an alternative turnaround may be approved by ACHD. Written fire department approval is required, 7.1.7 Install a sign at the terminus of Fonthill Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.8 Direct lot access to Amity Road is prohibited and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7,2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACI -1D right-of-way (including all easements), 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACED right-of-way. 7,23 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development, Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or casement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. - 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by tine applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two fidl business days prior to breaking ground within ACRD right-of-way. The applicant shalt contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, Use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. -12 C. Legal Description & Exhibit Map foi- Anaiexation Boundary Legal Description Castlecreek Subdivision - Annexation A parcel being located In the SE % of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE'/,, from which a 5/8 Inch diameter Iron pin marking the southeast corner of the SE % of said SE % bears S 89043143" E a distance of 2656.26 feet; Thence N 0°15'13" E along the westerly boundary of said SE % a distance of 721.02 feet to a point on the centerline of the Ten Mlle Drain; Thence leaving said westerly boundary S 52°20127" E along said centerline a distance of 503.16 feet to a point; Thence continuing along said centerline a distance of 405.42 feet along the are of a 1071.91 foot radius curve right, said curve having a central angle of 21°40'15" and a long chord bearing S 41'30'20" E a distance of 403.01 feet to a point; Thence leaving said centerline S 0"26'23"W a distance of 114.96 feet to point on the southerly boundary of said SE %; Thance N 8904343" W along said southerly boundary a distance of 667.72 feet to the POINT OF BEGINNING. This parcel contains 6.97 acres and is subject to any easements existing or In use Clinton W. Hansen, FLS Land Solutions, PC `P� LA ApN130, 2014 pN NO 11118 cti FOF� 5 tirON w .NPS t it T1s CasOecreek SubdMsion Job No. 13-67 -13 CASTLECREEK SUBDIVISION ANNEXATION EXHIBIT CPAF NST. N0. 100168800 8C1T1�(6ER NE94NA 10L1S NN 2 S® I F I h m B 1�i AREA ® 0.97 ACRES �z 1 POINT OF BEGINNING N667.W 00' 30 96 2440.� _... AI 32 N 09'43 W W 32 CPM NST. N0. 100140171 NO 80 160 0 _ _ N 80'43'4,' W 8.72' _ S 89'4343 C E. A TY ROAD BASIS OF BEWNQ -14 94 901211 CPA£ INET. N0, 84007913 tio o n s �LandSurveying and Consulting 231 E. STM ST, MA MERIDIAN, to 83642 (208)298.2040 (208)288.2557(ax w 00, dsdutbn1 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. Lt order to grant an annexation, the Council shall snake the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-8 zoning district and proposes a gross density of 2.89 dwelling units per acre consistent with the FLUM designation of LDR. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. e. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.1G). The City Council finds annexing this property with an R-8 zoning district is in the best interest of the City, 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. Tire plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensim Plan Policies and Goals, Section VII, of the Staff Rel)ort for more information. -15 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers,) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement fluids, d. There is public financial capability of supporting services for the proposed development; The City Council determined there is public financial capability of supporting set -vices for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety, or general welfare. ACRD considers road safety issues in their analysis. -16 DATE: November 5, 2014 ITEM NUMBER:5M PROJECT: 1®039 ITEM TITLE: TM CREEK SUBDIVISION FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G 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 DATE: November 5, 2014 I 6A PROJECTNUMBER: ITEM TITLE: JOINT POWERS AGREEMENT Continued from October 21, 2014: ACCEM Joint Powers Agreement History Discussion Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Jacy Jones From: Jaycee Holman Jent: Wednesday, October 22, 2014 11:14 AM To: Jacy Jones Subject: FW: ACCEM Presentation for tonight's council meeting Please add to packet for this item which I believe is coming back on 10/28 or 11/5. Jaycee L Holman Information Services Director City Clerk City of Meridian (208) 888-4433 jl)olnlan@nieridiancity.org From: Mark Niemeyer Sent: Tuesday, October 21, 2014 2:40 PM To: Keith Bird Cc: Charlie Rountree; David Zaremba; Luke Cavener; Genesis Milam; Joe Borton; Bill Nary; Tammy de Weerd; Jaycee Holman Subject: ACCEM Presentation for tonight's council meeting Councilman Bird and members of City Council - ')n tonight's agenda under 'presentations' is an "ACCEM Joint Powers Agreement History Discussion". This will be dresented by Doug Hardman. I wanted to provide you with a brief history from my standpoint, as well as some significant concerns I have regarding the Joint Powers Agreement and subsequent bylaws that were agreed upon on September 8th by the ACCEM Executive Council. This presentation tonight is a presentation and discussion. The JPA was scheduled to be effective October 15t. I have asked the Mayor not to sign until all pertinent questions can be answered. The history of ACCEM, to include its roles/responsibilities/expectations, has in the past been vague and confusing to most participants. This intergovernmental group was established to ensure agencies, municipalities, districts, and Ada County was prepared to handle Emergency Prepardeness and Management as outlined by FEMA and so ordered under a Presidential directive following the events of 9/11. Through this history, it was desired by all participants to clearly identify roles/responsibilities/expectations/outcomes. As a result, the following occurred: 1. A subcommittee of ACCEM, known as TAG (Technical Advisory Group) was established. This committee was tasked with identifying risk, determining needs to mitigate risk, and subsequently make recommendations to the Executive Council regarding grant funding needs. 2. Through the desire to clarify roles of Doug Hardman and his office, the ACCEM JPA was established as well as bylaws for both TAG and LEPC (Local Emergency Planning Committee). Below are the issues I see and have concerns over: 1. Within the Emergency Management JPA, Doug and his entire staff/office are now an independent Ada County Department titled "Ada County Department of Emergency Management". 2. ACCEM Executive Board is now a recommending body to the County Commissioners. 3. Partners (of which we are a part) continue to pay "membership dues" to be a part of ACCEM. Currently we pay approximately $28,050. 4. Funds from BHS grants AND funds from membership dues are being used to pay for Doug's Staff and Operations as an Ada County department. 5. The JPA outlines 10 duties of ACCEM, while there are no duties listed for Ada County Department of Emergency Management. 6. Section 3.3 of the JPA Agreement "ACDEM Employees" states "Upon request, Ada County may provide the services of ACDEM employees to other participants for the purpose of developing regional core emergency management capabilities". 7. The JPA does not include Fire Districts which are critical to the effective mitigation of a disaster. 8. The TAG bylaws are acceptable, understanding that TAG is simply a subject matter expert committee who recommends needs to the Executive Board of ACCEM. 9. Within the bylaws of ACCEM is a subcommittee known as LEPC as referenced above. LEPC's were created to specifically address Hazardous Materials response and collaboration as required by federal law. For years, Ada County has continued to expand the participants and roles of LEPC to include many non -Hazardous Materials issues. This has resulted in confusion regarding proper roles and responsibilities. This issue has been brought up several times without change or clarity. In my opinion, LEPC should focus on its mandate and if needed bring non-LEPC parties to TAG as non-voting subject matter experts. In conclusion, my questions to Doug would be: 1. What are the specific roles/responsibilities of the new Ada County Department of Emergency Management as it pertains to parties outside of Ada County (in other words, what roles/responsibilities/expectations should the City of Meridian expect from the new County department)? 2. Who is responsible for the development and execution of training and exercises, the oversight of exercise evaluation, and subsequent exercise after action reports- all of which are FEMA requirements for preparedness training? 3. If the new Department of Emergency Management for Ada County is simply to "assist other participants" upon request, why are we paying membership dues to support an Ada County Department? 4. If the City of Meridian is not paying membership dues to ACCEM, is Meridian still entitled to apply for and receive BHS grant funding for emergency management and preparedness? I apologize for the late email, but I only recently received all of the needed documents from Ada County. I will be there tonight as well. Mark Mark Niemeyer, Fire Chief Meridian Fire Department 208-888-1234 "Dedication, Loyalty, Tradition" CONFIDENTIALITY NOTICE. his email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. Jaycee Holman From: Robert Simison Sent: Thursday, September 25, 2014 12:39 PM To: Bill Nary; Ted Baird; Tammy de Weerd Cc: Jaycee Holman Subject: FW: ACCEM Joint Powers Agreement Adoption Attachments: ACCEM Joint Powers Agrmt -Final 091114.pdf; ACCEM Executive Council Bylaws 091114.pdf; ACCEM ExCouncil TAG bylaws clean 091114.pdf; ACCEM Bylaws for LEPC 091114.pdf Follow Up Flag: Follow up Flag Status: Flagged Here is a request regarding another JPA that is being asked to be approved. Is this something that Council may also want an update/report on before considering? From: Doug Hardman [mailto:dhardman@adaweb.net] Sent: Thursday, September 25, 2014 10:39 AM To: jfranden@achdidaho.org; mjaurena@achdidaho.org; jreynolds@cityofeagle.org; jevans@gardencityidaho.org; ehiggins@gardencityidaho.org; MayorNelson@cityofkuna.com; joestear@live.com; Keith Bird; Tammy de Weerd; tmcdaniel@staridaho.org; nmitchell@staridaho.org Cc: David Case; Rick Yzaguirre; Jim Tibbs; sworkman@achdidaho.org; Larry Maneely; Sue Axtman; tgordon@cityofeagle.org; tosborn@cityofeagle.org; econner@gardencityidaho.org; brenda@cityofkuna.com; Peggy Gardner; Robert Simison; cward@staridaho.org Subject: ACCEM Joint Powers Agreement Adoption Executive Council Members: Attached please find a copy of the ACCEM Joint Powers Agreement (JPA) and By-laws for the ACCEM Executive Council, ACCEM TAG and Ada County LEPC. All four documents were approved/adopted by the ACCEM Executive Council at the September 8, 2014 meeting. REQUEST: The next step is for the Joint Powers Agreement to be formally adopted by each city council and ACHD commission, and allow the chief elected official to sign the original document. Please place a Resolution to Adopt the JPA on your next open business meeting agenda. After the JPA has been adopted, contact me and I will make arrangements to deliver the original JPA to the Mayor/President for signature. Once I have all the signatures I will make a copy for all members. I believe the by-laws can be adopted by the ACCEM Executive Council pursuant to the JPA and do not require any specific action by the city council/commission, but that should be confirmed with your legal staff. Please contact me if you have questions or I can assist in any way. Douglas R. Hardman, Director Ada County Emergency Management f 7200 Barrister Dr., Boise, ID 83704 ( (208) 577-4750 office (208) 577-4759 fax ' Email: dhardman@adaweb.net Visit its online at http://www.accem.org/ � v/ October 31, 31, 2014 Ada County Board of County Commissioners 200 W. Front Street 3rd Floor Boise, ID 83702 Dear Chairman Case, Commissioners Tibbs and Yzaguirre: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba On October 14, 2014, the City of Meridian heard a presentation from Emergency Management Director Doug Hardman on the history of the Ada City -County Emergency Management (ACCEM) Joint Powers Agreement in preparation of our decision to adopt the agreement. Several concerns were raised as a result of Council discussion, as well as in our internal review of the agreement, that the City of Meridian would like to have these addressed prior to considering adoption of the agreement. We firmly believe that Emergency Management should be a collaborative effort, and one that is performed on a County -wide basis. In the event of a disaster, what effects one jurisdiction will undoubtedly affect us all. With that, we support clearly defined roles and responsibilities in order to achieve success and cohesion. Many of our concerns with the agreement as written revolve around a lack of clear roles and responsibilities which impacts the expectations of the services being received. For this reason we are very hesitant to commit to paying dues to the ACCEM until these are defined and agreed upon. Let us explain. While the agreement very clearly articulates the role and responsibilities of ACCEM, both the Executive Council and its sub -committees; the role of the newly formed Ada County Department of Emergency Management (ACDEM, hereafter referred to as "The Department') is not clearly defined. It is our belief The Department, while under the direction of the Ada County Commissioners as an independent department, should hold responsibility for specific duties or actions. These duties have been clearly established by the Federal Emergency Management Agency (FEMA) as a template for proper Emergency Management Planning and Preparedness. The City of Meridian Preparedness Committee completed training that identifies core functions of proper Emergency Management and Preparedness. This course is titled IS -910 "Emergency Management Preparedness Fundamentals". Upon completing that course, this committee identified the roles and responsibilities they believe should be assigned to either ACDEM or the City of Meridian. These decisions were made after a review of who was best prepared to act as a primary lead and an evaluation of the identified core function. Additionally, we evaluated which Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.meridiancity.org DATE: November 5, 2014 Resolution No. u2 : Resolution Approving Joint Powers Agreement for Emergency Management Services in Ada County Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ANovember1 ITEM TITLE: Items Moved From Consent Agenda ►T ► VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r DATE: November 5, 2014 ITEM NUMBER:8A PROJECT ITEM TITLE,: REQUEST TO GRANT A VARIANCE Request to Grant a Variance by Capital Christian Church Regarding a Proposed Change in Address 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 Jaycee Holman From: Mike Dodd <pastormikedodd@gmail.com> Sent: Wednesday, October 22, 2014 12:02 PM ro: Jaycee Holman Cc: Terri Ricks Subject: Grant of Variance Request Good afternoon Jaycee. Per our correspondence with Terri Ricks regarding a prospective change of address, Capital Christian Center would like to make a Grant of Variance Request. We ask that this item be placed on the Wednesday, November 5th, 2014 City Council meeting agenda. We understand per Terri that the meeting will be held at 6pm where we would be afforded the opportunity to communicate the extraordinary hardship that the address change would cause to our church. Please confirm our place on the agenda as well as any other information or instruction necessary regarding our Grant of Variance Request. Respectfully, r ! Mike Dodd Associate Pastor �� x Capital Christian Center � p:: 208.888.1060 ext.221� f:: 208.888.9728 l ,5 rDr Land Development Services Meridian City Hail, Suite 102 Community Development 33 E. Broadway Avenue Department Meridian, Idaho 83642 Date: 10/30/14 To: Mayor & City Council From: Terri Ricks Addressing Specialist Subject: Proposed Address Change for Capital Christian Church Summary Background Information: The recent sale of its surrounding property and subsequent development of the Solterra Subdivision has necessitated an address change for the Capital Christian Center, presently addressed as 2760 E. Fairview Ave. While the only access for this structure has been from N. Hickory Way, its Fairview street frontage would have been the determining factor in the assignment of a Fairview Ave. address approximately 20 years ago. The creation of the new residential lots to the north have no impact on the existing address for the church, yet development of the three commercial lots to the south has effectively eliminated all Fairview street frontage (See Attachment 1). Additional Information: Due to ongoing development within the City, it is not uncommon for an existing structure to be absorbed into a new subdivision. Once a plat has been recorded, new addresses for each lot are assigned (See Attachment 3). When possible, and if street frontage and other determining factors are met, a previously assigned address for an existing structure can remain the same. With the loss of Fairview fiontage, this is not the case for the Capital Christian Center. An existing multi -tenant commercial building directly to the west and across the street from the church has aN. Hickory Way address. The three new commercial lots to the south have also been assigned N. Hickory addresses. Meridian City Ordinance, in addition to our current standard addressing guidelines, require that a structure be assigned an address from a street with which it fronts, or receives access from (See Attachment 2). While neither of these requirements are met in this instance, the overriding factor is the possible confusion such addressing inconsistency could create for emergency services in this area. A few areas of concern if the address is left "as is" are listed below: The GIS address point attached to this Fairview address in the Meridian Enterprise Addressing Database (MEAD, our addressing database) will cause an error for 911 due to its N. Hickory, rather than Fairview location. Ph: 208.887.2211 a www.meridiancity.orq + Fax 208.887.1297 Rev: 01/2013 The supposition is inaccurate that if a structure has been in existence for a long period of time, there will be no problem locating it in an emergency situation. The 911 Call Center dispatches for all Ada County and uses the GIS data we provide in order to route emergency responders. Dispatchers are not familiar with all locations and the Call Center has expressed its concern over leaving the Fairview address intact. It is routine for Boise or Eagle units to respond to emergencies in our area. Their timely response is greatly dependent on accuracy and consistency in addressing, as opposed to personal familiarity with a particular location. ® The development of the three commercial lots to the south (within Solterra), as well as future development of the properties to the west and east will increasingly obscure visibility of the existing structure from Fairview. Summary Recommendation In an effort to avoid potential response delays for emergency personnel and in order to provide addressing consistency with current standard addressing guidelines, my recommendation,. along with that of the Ada County Street Name Committee, Emergency Communications Bureau (911 Call Center) Meridian Fire and Police Departments, is that the present address of the Capital Christian Center be changed to accurately reflect its N. Hickory Way location. Attachments: 1- Capital Christian Church Exhibit Map 2- City of Meridian Ordinance 8-2-6 (C-3 Street Frontage) 3- Solterra Subdivision Addressed Plat 4- Meridian Fire Department Recommendation 5- Meridian Police Department Recommendation (hL6Vl'-tt ' LLZ,-pio) 'alep avioalja atil Aq Auadoid aktl uo palsod aq jsnw slagwnu ssaippe ntaN-sAueu3 Uons Aq paloalle siamo Apadoid of alep a?Malla MID aauenpe ul strep (06),gaulu !seal le aollou uallu,%N lelDWO 6ulyB llouno0 agl Aq pa6uep aq Aew dew walsAs puB lagwnu ssaippe leaoUjo aui ij4?.t aouewlbJuoo ul lou sagwnu ssaippe 6ugslx3:siagwnN 6ulwJoluo3uoNJO a6ueu0 -9 buedn000 of loud paAeldslp aq isnw slagwoN U6+41„=t1£} sa pul llem•auo pue aaigi !seal le act Ilegs siaqulnu aLli laails aql WOli aigislA ,(pealo Sl 11 je41 laUUettl a mons W lagwnu ssaippe pau6lsse agl lsotl Deus ainixuts pea to laumo aql :siagwnN algi6aq lsOd of MMO 9 uolloalip sa6ueg3 M*;Js taails aul p pa6uemo aq jou Items 6uliagwnu aqt 'uoitoailp auo Alaleulwopald ul 6uluuni aq of paulkwalap uaaq sem laails a uaQAN -saloAp,o slawls 6ulpuj AJO Asea amt ul patten aq ,teat sluawajlnbai asaill siaq"wnu ppo aq Hems slaaiis to sapls jsam pue ginos aql uo sasswppe ild'siaguinU uaAO aq flegs slaaJls JO sapls 1Sea pue 41JOU ami uo paleool sasseippe Its{ slagwlN ppp puy uan3 .p 6UIPllnq a41 {O 9AIS hails aui woi} oloisln aq of se os paoejd aq lle4s lagwnu aui '4%oi�j laaals ami Ue4t la4tb lwod e wml pasn sl ssaaoe Jejholgan uagl;A "sluoi} ainhniis a4k g�tr� uodn !sails a41 uo pau6lfisp aq pegs sassa�PPe lit! .a eluoi;g laaitS "£ puel to suolslvpgnsai ao sluawdolanap ainWl almssod lo} panlasai aie siagwnu alenbape}e4l lauuew a Uons ul pau6lsse aq aslnva4lo IIe45 pue suotsjAlpgns palleid utuiLSA sloe lueaen of pau6lsse aq Ileus siagwnN :slob lueatir�'Z ilun 6ujparap to asn 'ssawsnq 4aea of pau6lsse aq !legs lagwnu auo AIUO :sDun 6umaia puv sassauisne '1 J410 a41 Aq slagwnu ssaippe titins 6ulu6=sse ul sautiaptn6 a4l aq Ile4s 6ul%solioi aqL `siagwnN 6ulu6lssy ul saullapinC 'O 'asn to `kisnpul 'ssaulsnq 'amapisai Aue of lagwpu ssaippe Aue u6lsse pe4s'ajeAud to olignd poltupe6lo ao uosiad lamjo oN ,14jD aqj ,tq pau6lsse aq pegs slagwnu ssaippe py :AUO Agpau6lssb g pagsligelsa Agalaq sl pu6lad saqumu (oot) paipung auo piepuels y'Z lwalsAs pub amt 6upsitgelsa uagm piepuels amt aq Iletts saull pli6 uaa:tiiag (,0££} iaal X141 paipunq aalUl pue ailw a41 of pau6lsse aq pegs s:poiq pub (9t) uaatxlS "1 smojlot se ale walsAS pub SSOJppe laoils a 6uldojanap ul pasn aq of spiepuels lelaua6 all :spiepuels lelauac)'d aolilo tleH AIIO aqt le alD uo 101 dew pli6 iagwnu ssaippe iepilp aql uo UlAogs walsAs pp6 ami of Uoluoo Degs siagwnu ssaippe laaljs jjV I ui z G �w �✓��W�� WL�jj Z O Lu zV o.� WZE =O �J 0V 0 O O a Q 9 N 6 i Aill PE I�g s 1m 0� W ��$_Y- d9 Dd>o MIN Pig $a1-oillo 11 g �� g��H ON 0 :ZI.4 C4 «c v) Ld h m 6 c �� wally ' �� . .. _ ...-.� .. 3i'Qt9 •ASt®t[d:'A � .. �.... �@�. a. .. �___ �, .LG'LBB•M.L{ 11 (T_L,Tfal in oos 21 1 VJ N W W r w z W N M '0N VIOV3 N V a b' A 1 g+ s4F� •I ua e `L- w I To: Terri Ricks From: Perry Palmer Date: 10-28-14 Subject: Capital Christian Recently Capital Christian Church sold their property &oFairview thereby losinmtheir o�achrnenttuaFa(n�avvaddress, |nfac�os|vvrtetk4N thenoprope�yhasn construction taking place right now that when completed will further detach the church from Fairview. This will be both physically and visually. The new construction with Fairview addresses has astrong potential ofcreating confusion and debx� Vv�hemergency B11d|spatcheo.W4onyceUphone naN�are located hvGPS coonjinotes especially ' when theceUerdisconnects prior tothe dbpatrherbeing able tocon�rmothe ' call Information. ' |fthedis' dispatcher er needs torely onthe GPS coordinates, Itwill not match upwith the address ifthe call |sfor the church and they were to retain their current address, The only way that address has worked In the past is due to their direct connection to Fairview, even though they have always taken access from N, Hickory, The dispatchers will be extremely hesitant to send units to an unverifiable address, which this would be. There would be no reasonable or logical basis for a Fairview address for the church to be accurate. Remember, the dispatchers deal with hundreds of calls every day and a system that Is for the most part one that follows established criteria for addressing. This request would in no way meet any of the current criteria. An emergency call from the church may ormay not becross referenced with the address toabusiness, name in the call. It depends on how the call is received, processed and who the dispatcher might be and other activity inthe dispatch center otthe time, |tcould 6enew police officers ornew Ada � Paramedics orunits �omoutddek4er/d|anFire Department urall ofthe above that woyWbe County responding. We routinely have Boise units or Eagle units responding into Meridian and vice versa. Addressing for these reasons stated above, need to be consistent, logical and simple. Time Inon emergency truly hcritical. Every extra second the dispatcher must spend trying to ver'�ondmnfirm that the address they are going tobesending units tobaccurate and legitimate meanshe chanceof survival diminishes o,the fire will continue togrow exponentially. Either scenario has abad outcome and In my estimation does not justify the request for the sake of It being inconvenient. iwould strongly recommend denial of the request for Capital Christian Church to maintain their current address and� | berequired tocome Into compliance with current addressing standards. Meridian Fire Department, 33 E. Broadway, Suite 210, Meridian, ID 83642 Phone 208-888-1234 Fax 208-895-0390 - www.merldiancity.org _ 1 • tart l:'. October 31, 2014 To: Terri Ricks From: Lt. John A. Overton Re: Capital Christian Center - addressing The issue has been brought up to public safety first responders about a request to change the addressof the Capital Christian Center from a Fairview Ave., address to a more accurate N. Hickory address. The police department supports that change for the following reasons: ® The Capital Christian Church sold off the property that fronted Fairview Ave., thus abandoning their only hold on the Fairview Ave. address that was given to them originally; ®' Because the property fronting Fairview Ave. has been sold off, new buildings will be constructed that will obstruct to some extent the open vision from Fairview to the church for public °safety 'first responders who do not know it is not accessed off of Fairview, Ave.'; ® Coupled with the development on Fairview, there is planned development on the East side of the property off of Eagle Road which will further shield the church from view; ® The property should never have been given a Fairview Ave. address as it has always gained access off of N. Hickory and this change will accurately reflect how a public safety first responder would access the to wi of y today and in the future; ure to correct this addressing problem will only fuel future to do the same (correcting addressing problems) when our goal is consistency and safety to the forefront in how addressing is done The bottom line city limits; ility needs to be addressed concerning anyone who is in need to police / fire / EMS help and is delayed due to this type of addressing and the failure to correct it. we have to plan not just for today but for future first responding officers and future development growth in our, city and ensure that it is done in the most consistent andsafestwav possible. Machelle Hill From: Terri Ricks Sent: Friday, October 31, 2014 9:00 AM To: Machelle Hill Cc: Jaycee Holman; Jacy Jones Subject: FW: Capital Christian Center - 2760 E. Fairview Ave. Attachments: Capital Christian Center Addressing Memo 10312014.doc Importance: High Hi Machelle: Would you please add this memo from Lt. Overton to the staff report I sent yesterday for the Capital Christian Church Variance Request? (November 51" meeting) Thank you! From: John Overton - Police Sent: Friday, October 31, 2014 8:48 AM To: Terri Ricks Cc: Scott Colaianni; Tracy Basterrechea; Jeff Lavey Subject: RE: Capital Christian Center - 2760 E. Fairview Ave. Importance: High Good morning Terri, Attached is my memorandum concerning the addressing change request for Capital Christian Center. Unfortunately, I will be out of state at training next week, but I hope to have Lt. Scott Colaianni at the city council meeting and he can address this issue for the police department as well as I can. He is also CC'd on this email. Meridian Police Department Community Service Division 1401 E. Watertower St. Meridian, ID 83642 846-7339 ioverton()meridiancitv.ora www.meridianmadc.org www.meridiancitV.org From: Terri Ricks Sent: Friday, October 24, 2014 2:31 PM To: John Overton - Police; Perry Palmer Subject: Capital Christian Center - 2760 E. Fairview Ave. Good Afternoon: Capital Christian Center has decided to go ahead with their Variance Request for their proposed address change. Would you two please send a memo (on your letterhead) expressing your concerns and detailing the reasons behind them. If I could get these no later than next Wednesday morning, it would be much appreciated. These will be attached to my staff report. Their variance request will be heard at the Wednesday, November 5th council meeting at 6:00 PM. I'm hoping you can both be in attendance, as I think we have a lot riding on its outcome. I also know you're busy and your schedules don't always allow it! Thanks again for your attendance at the meeting last week. It's much appreciated. Terri November 2014 ITEM NUMBER: Z]IS ITEM TITLE: JERICHO Public Hearing Continued from October 21, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES l Ill ell7 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: November 5, 2014 ITEM NUMBER:$C PROJECT: AZ 1®011 ITEM TITLE: JUMP CREEK Public Hearing: AZ 14-011 Jump Creek by Northside Management Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Annexation of Approximately 86.06 Acres from RUT in Ada County to the R-8 (Medium Density Residential) (64.63 Acres) and R-15 (Medium High -Density Residential) (21.43 Acres) Zoning Districts Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE:4 ITEM NUMBER: 8D ! W , Public Hearing: PP 14-013 Jump Creek Located Northwest Corner of N. Black Cat Road and W. McMillan Request: Preliminary Plat Approval Consisting of 318 Single Family Residential Lots, 2 Multi -Family Lots and 42 Common Lots on Approximately 85.9 Acres in the Proposed R-8 and R-15 Zoning Districts VOTESMEETIUG CC)nA-\qA"je_a' _�o o/Ds- 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November i D PROJECT , , -013 'ROJECT NAME Jump Creek PL A PRINT NAME i� S7—e�,4 c,4 FOR AGAINST NEUTRAL x1 � � � n ar� �rvM DATE: November 5, 2014 ITEM NUMBER:9A PROJECTNUMBER: ITEM TITLE: SOCIAL MEDIA POLICY AND PROCEDURE Continued from October 21, 2014: Discussion of Social Media Policy and Procedure. Original Policy approved December 13, 2013 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 DATE: November 5, 2014 Community Development/Building Services Division Department Report: Proposed code adoptions and local amendments - 2012 International Building Code, 2012 International Residential Code, 2012 International Energy Conservation Code, 2014 National Electrical Code, 2012 Edition Of The International Mechanical Code, 2012 International Fuel Gas Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS W IM CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2012 INTERNATIONAL RESIDENTIAL CODE, AND THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE, ADOPTING THE 2014 NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 5, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE, 2012 INTERNATIONAL FUEL GAS CODE, INTERNATIONAL RESIDENTIAL CODE PARTS V AND VI, AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to its authority under Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2012 International Building Code (IBC), the 2012 Idaho Residential Code (IRC), and the 2012 Idaho Energy Conservation Code (IECC), and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, pursuant to its authority under Idaho Code section 54-1001C, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2014 National Electrical Code (NEC); WHEREAS, pursuant to its authority under Idaho Code section 50-301 the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2012 International Mechanical Code (IMC) and 2012 International Fuel Gas Code (IFGC); WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2012 IBC, 2012 IRC, 2012 IECC, 2014 NEC, 2012 IMC, and 2012 IFGC; and WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments to the IBC, IRC, and IECC was conducted on December 2, 2014, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORSO, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U.S. mail, on October 30, 2014, and publication of notice of the time and place thereof in the Valley Times on October 27, 2014; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE I OF 22 Section 1. That Title 10, Chapter 1, Meridian City Code, shall be repealed, and replaced with language to read as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS: The following codes, published by the International Code Council, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended: A. The 2012 edition of the International Building Code (hereinafter IBC), as amended by section 10-1- 2 of this chapter; B. The 2012 edition of the International Residential Code (hereinafter IRC), as amended by section 10- 1-3 of this chapter; and C. The 2012 edition of the International Energy Conservation Code (hereinafter IECC), as amended by section 10-1-4 of this chapter. 10-1-2: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments to the IBC shall apply: A. IBC section 107.2.5 shall be amended to read as follows: Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site pian showing, to scale, the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code, B. IBC section 109.2 shall be amended to provide as follows: Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building permit valuation shall be set by the Building Official for all permits that require initial estimated valuation and final estimated valuation by the applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. C. A new section, section 109.6.1, shall be added to the IBC to provide as follows: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 2 OF 22 Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Building Official no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. D. A new section, section 109.7, shall be added to the IBC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred. No permit transfer may be made without written approval of the Building Official; if transfer is attempted without written approval of the Building Official, such permit shall be deemed void. E. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the IECC. F. A new section, section 908.7.2, shall be added to the IBC to provide as follows: Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that have attached garages, or in existing dwellings with fuel -fired appliances, carbon monoxide alarms shall be provided in accordance with section 908.7. G. IBC section 1612 shall be deleted, and replaced with language to provide as follows: Flood Loads. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. H. A new section, section 1805.3.3, shall be added to the IBC to provide as follows: Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater table in the City of Meridian, in accordance with American Society of Mechanical Engineers standard A17.1, section 2.2.2.3. I. IBC section 1807.1.4 shall be deleted, and replaced with language to provide as follows: Wood Footings or Foundations. Regardless of the provisions of the IRC or IBC, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. J. IBC section 3002.4 shall be amended to provide as follows: Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided in buildings two (2) or more stories above, or two (2) or more stories below, grade plane, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher twenty-four by eighty-four inches (24" x 84") with not less than five inches (5 ") radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3 ") high, and shall be placed inside on both sides of the hoistway door frame. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 3 OF 22 K. IBC section 305.2.3 shall be deleted, and replaced with language to provide as follows: Twelve (12) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such daycare shall be classified as a Group R-3 occupancy or shall comply with the IRC. L. IBC section 308.6.4 shall be deleted, and replaced with language to provide as follows: Persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving daycare or having five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the IRC. M. IBC section 310.5 shall be deleted, and replaced with language to provide as follows: Residential Group R-3. Residential occupancies where the occupants are primarily permanent in natures and not classified as Group R- 1, R-2, R-4, E, or I, including: 1. Buildings that do not contain more than two (2) dwelling units; 2. Boarding Houses (non -transient) with sixteen (16) or fewer occupants; 3. Boarding houses (transient) with ten (10) or fewer occupants; 4. Care facilities that provide accommodations for five (5) or fewer persons receiving care; 5. Congregate living facilities (non -transient) with sixteen (16) or fewer occupants; 6. Congregate living facilities (transient) with ten (10) or fewer occupants; or 7. Dwelling units providing daycare for twelve (12) or fewer children. N. IBC section 310.5.1 shall be deleted, and replaced with language to provide as follows: Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving daycare or for five (5) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the IRC. O. Footnote (f) to Table 2902.1, Minimum Number or Required Plumbing Fixtures, shall be deleted, and replaced with language to provide as follows: Drinking fountains are required for an occupant load of thirty (30) or fewer. P. Footnote (g) to Table 2902.1, Minimum Number or Required Plumbing Fixtures, shall be deleted, and replaced with language to provide as follows: For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required. Q. The appendices of the International Building Code shall be amended with the deletion of appendices A (employee qualification); C (agricultural buildings); G (flood -resistant construction), J (grading), K (administrative and electrical), and M (tsunami -generated flood hazard). All other appendices shall be mandatory. 10-1-3: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments to the IRC shall apply: A. Parts VII (plumbing) and VIII (electrical), and appendix L (permit fees) shall be deleted. B. Exception 1 of IRC section 11101.2, Scope, shall be deleted. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 4 OF 22 C. Exception 2 of IRC section R101.2, Scope, shall be deleted and replaced with language to provide as follows: Exception: Owner -occupied lodging houses with three (3) or fewer guestrooms shall be permitted to be constructed in accordance with the IRC for one- and two-family dwellings. Such occupancies shall be required to install smoke alarms and carbon monoxide alarms in accordance with sections R314 and R315, respectively, of the IRC or one- and two-family dwellings. D. Item 2 of the "Building" subsection of IRC section R105.2, Work exempt from permit, shall be deleted and replaced with the following: Fences not over six feet (6') high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type, or other aspect thereof. E. Item 7 of the "Building" subsection of IRC section R105.2, Work exempt from permit, shall be deleted and replaced with the following: Prefabricated swimming pools that are not greater than four (4) feet deep. F. A new item, no. 11, shall be added to the "Building" subsection of IRC section R105.2, Work exempt from permit: Flagpoles. G. Item 1 of the "Building" subsection of IRC section R105.2, Work exempt from permit, shall be deleted and replaced with the following One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, shall not exceed a floor area of two hundred (200) square feet, and a maximum height of eight feet (8') measured to midpoint. Midpoint shall be defined from grade (ground level) to midpoint between the top of the wall and the peals of the finished roof. The detached accessory structure placement in rear yard setbacks or side yard setbacks must conform with all other provisions of law, including the Meridian Unified Development Code. H. A new section, section R108.5.1, shall be added to the IRC to provide as follows: Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. I. A new section, section R108.5.2, shall be added to the IRC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Director or designee; if transfer is attempted without written approval, such permit shall be deemed void. J. IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows: Floodplain Construction. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 5 OF 22 K. The column of IRC Table R302.1(1) entitled Minimum Fire Separation Distance shall be deleted and replaced with language to provide as follows: Minimum Fire Separation Distance: Minimum Fire Separation Distance: Projections (fire -resistance rated): < Three (3) feet Projections (not fire -resistance rated): > Three (3) feet Minimum Fire Separation Distance: Walls (fire -resistance rated): < Three (3) feet Walls (not fire -resistance rated): > I Three (3) feet L. The exception to IRC section R302.2, Townhouses, shall be deleted, and replaced with language to provide as follows: Exception: Two (2) one-hour fire -resistance rated wall assemblies or a common two-hour fire - resistance rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses. If two (2) one-hour rated walls are used, plumbing and electrical installations within the wall cavity shall conform with fire -resistance penetration requirements in accordance with section R302.4 through R302.4.2 for each of the two (2) one-hour rated walls. The two-hour fire -resistance rated common wall shall not contain plumbing or mechanical equipment, ducts, or vents within its wall cavity. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against the exterior walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be in accordance with section R302.4. M. IRC section R302.6, Dwelling/Garage Fire Separation, shall be amended to provide as follows: Dwelling/Garage Fire Separation. Walls and ceiling of garages shall be covered with not less than 5/8 - inch (15.9 mm) type X gypsum board or equivalent. N. IRC section R303.4 shall be deleted. O. The exception to IRC section R313.1, Townhouse automatic fire sprinkler systems, shall be deleted, and replaced with language to provide as follows: Exception: Automatic residential fire sprinkler systems shall not be required in townhouses where either two (2) one-hour fire -resistance rated walls or a common two-hour fire -resistance rated wall is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. P. IRC section R313.2 shall be deleted. Q. New language shall be added to IRC section R315.3 to provide as follows: Exception: Work involving the exterior surfaces of dwellings. R. IRC section R322 shall be deleted, and replaced with language to provide as follows: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 6 OF 22 Flood -Resistant Construction. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 7 OF 22 ZIMIT5139INTINU, S. IRC section R402.1 shall be amended to provide as follows: Wood. Regardless of the provisions of the IBC or IRC, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. T. IRC section R501.3 and its exceptions shall be deleted. U. IRC section 8602.10 shall be deleted, and replaced with the following: Wall bracing. Buildings shall be braced in accordance with this section or, when applicable section R602.12, or the most current edition of APA System Report SR -102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1. V. The following sections and tables of IRC chapter 11 shall be amended in accordance with the requirements contained below: 1. Table N1102. Ll (IECC Table R402.1.1), Insulation and Fenestration Requirements by Component; 2. Table N1102.1.3 (IECC Table R402.1.3), Equivalent U -Factors; 3. Table N1102.2.6 (IECC Table R402.2.6), Steel -Frame Ceiling, Wall and Floor Insulation (R - Value); 4. Section N1102.4.1 (IECC R402.4.1), Building Thermal Envelope; 5. Section N1102.4,1.1 (IECC R402.4.1.1), Installation; 6. Table N1102.4.1.1 (IECC Table R402.4.1.1), Air Barrier and Insulation Installation; 7. Section N1102.4.1,2 (IECC R402.4.1.2), Testing Option; 8. Add Section N1102.4.1.3 (IECC R402.4.1.3), Visual Inspection Option; 9. Add Section Nl 102.6 (IECC R402.6), Residential Log Home Thermal Envelope; 10. Add Table Nl 102.6 (IECC Table R402.6), Log Home Prescriptive Thermal Envelope Requirements by Component; and 11. Section N1104.1 (IECC _R404.1), Lighting Equipment. 10-1-4: AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments to the IECC shall apply: A. The values contained in IECC Table R402.1.1 (IRC Table N1102.1.1), shall be deleted, and replaced with language to provide as follows: Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT Climate Fenestra Skylight Glazed Ceiling Wood Mass Floor R- Basemen Slab R- Crawlsp Zone tion U- U -factor Fenestra R -Value Frame Wall R- Value t Wall R- Value ace Wall Factor tion Wall R- Value Value R -Value SHGC Value 5 and 0.35 0.60 NR 38 20 or 13/17 30g 10/13 10, 2 ft 10/13 Marine 4 13+5h 41 0.35 0.60 NR 49 20 or 15/19 30g 15/19 10, 4 ft 10/13 13+5h ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 8 OF 22 9.-TTITMul A1 t. B. The following footnote shall be added to the title of IRC Table 402.1.1, Insulation and Fenestration Requirements by Component: k. For residential log home building thermal envelope construction requirements see section 402.6. C. The values contained in IECC Table R402.1.3 (IRC Table N1102.1.3) for climate zone 115 and Marine 4" and climate zone "6" shall be deleted, and replaced with language to provide as follows: Table R402.1.3 EQUIVALENT U -FACTORS Climate Fenestration Skylight Ceiling Wood Mass Floor Basement Crawlspace Zone U -Factor U- R- Frame Wall R- Wall R- Wall R - R-19 R-19+6in2x6 R-19 + 12 in 2 x 8 or 2 x 10 factor Value Wall R- Value Value Value R- Value Value 5 and 0.35 0.60 0.030 0.057 0.082 0.033 0.059 0.065 Marine 4 6 0.35 0.60 0,026 1 0.057 0.060 0.033 0.050 0.065 D. Table R402.2.6 (IRC Table N1102.2.6) shall be deleted, and replaced with the following: WOOD FRAME R -VALUE REQUIREMENT COLD -FORMED STEEL EQUIVALAENT R -VALUE Steel Truss Ceilings R-30 R-38 or R-30 + 3 or R-26 + 5 R-38 R-49 or R-38 +3 R-49 R-38 +5 Steel Joist Ceilings R-30 R-38 in 2 x 4 or 2 x 6 or 2 x 8 R-49 in any framing R-38 R-49 in 2 x 4 or 2 x 6 or 2 x 8 or 2 x 10 Steel -Framed Wall R-13 R-13 + 5 or R-15 + 4 or R-21 + 3 or R-0 + 10 R-19 R-13 + 9 or R-19 + 8 or R-25 + 7 R-21 R-13 + 10 or R-19 + 9 or R-25 + 8 Steel Joist Floor R-13 R-19in2x6 R-19 + 6 in 2 x 8 or 2 x 10 R-19 R-19+6in2x6 R-19 + 12 in 2 x 8 or 2 x 10 a. Cavity insulation R -value is listed first, followed by continuous insulation R - value. b. Insulation exceeding the height of the framing shall cover the framing. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 9 OF 22 E. IECC section 402.4.1 (IRC N1102.4.1) shall be deleted and replaced with the following: Building thermal envelope. The building thermal envelope shall comply with sections R402. Ll and either section R402.4.1.2 or R402.4.1.3. The sealing methods between dissimilar materials shall allow for differential expansion and contraction. F. IECC section 402.4.1.1 (IRC N1102.4.1.1) shall be deleted and replaced with the following: Installation. The components of the building thermal envelope as listed in Table R402.4.1.1 shall be installed in accordance with the manufacturer's instructions and the criteria listed in Table R402.4.1.1, as applicable to the method of construction. G. The criteria requirement for the "Fireplace" component of IECC Table R402.4.1.1 (IRC Table N1102.4.1.1), Air Barrier and Insulation Installation, and replace with the following: An air barrier shall be installed on fireplace walls. H. IECC section 402.4.1.2 (IRC N1102.4.1.2) shall be deleted and replaced with the following: Testing option. Building envelope tightness and insulation installation shall be considered acceptable when tested air leakage is less than seven (7) air changes per hour (ACH) when tested with a blower door at a pressure of 33.5 psf (50 Pa). Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, plumbing, electrical, ventilation and combustion appliances. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed; 2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air, backdraft and Rue dampers; 3. Interior doors shall be open; 4. Exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed; 5. Heating and cooling system(s) shall be turned off; 6. HVAC ducts shall not be sealed; and 7. Supply and return registers shall not be sealed. I. New language shall be added to IRC section 402.4.1.3 (IRC N1102.4.1.3) to provide as follows: Visual inspection option. Building envelope tightness and insulation installation shall be considered acceptable when the items listed in Table 402,4.1.1, applicable to the method of construction, are field verified. Where required by code official an approved party independent from the installer of the insulation shall inspect the air barrier and insulation. J. A new section, section R402.6 (IRC N1102.6), Residential Log Home Thermal Envelope, shall be added to the IECC: Residential log home construction shall comply with sections 401 (General), 402.4 (Air Leakage), 402.5 (Maximum Fenestration U -Factor and SHGC), 403.1 (Controls), 403.2.2 (Sealing), 403.2.3 (Building Cavities), sections 403.3 through 403.9 (referred to as the mandatory provisions), Section 404 (Electrical Power and Lighting Systems), and either Subparagraph 004.04.b.i., ii., or iii. as follows: 1. Sections 402.2 through 402.3, 403.2.1, 404.1 and Table 402.6; 2. Section 405 Simulated Performance Alternative (Performance); or 3. REScheck (U.S. Department of Energy Building Codes Program). ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 10 OF 22 11 i K. A new table, Table R402.6 (IRC Table N1102.6), Log Home Prescriptive Thermal Envelope Requirements By Component, shall be added, to be used only in accordance with Subparagraph 004.04.b.i. above, to appear as follows: Table R402.6 LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY COMPONENT For SI: 1 foot = 304.8 mm. Climate Fenestration Skylight Glazed Ceiling Min. Floor Basement Slab R- Crawlspace Zone U -Factor U- Fenestration R- Average R- Wall R- Value & Wall R - factor SHGC Value LOG Value Value DEPTH Value Size in inches 5,6- 0.32 0.60 NR 49 5 30 15/19 10, 4 ft 10/13 High efficiency equipment path° 5 0.32 0.60 NR 49 8 30 10/13 10, 2 ft 10/13 6 0.30 0.60 NR 49 8 30 15/19 10.44 10/13 a. The fenestration U -factor column excludes skylights. The SHGC column applies to all glazed fenestration. b. R-5 shall be added to the required slab edge R -values for heated slabs. c. 90% AFUE natural gas or propane, 84% AFUE oil, or 15 SEER heat pump heating equipment (zonal electric resistance heating equipment such as electric base board electric resistance heating equipment as the sole source for heating is isidered compliant with the high efficiency equipment path). u. "15/19" means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home. "10/13" means R-10 continuous insulated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the basement wall. L. IECC section R404.1 (IRC N1104.1) shall be deleted, and replaced with the following: Lighting equipment (mandatory). A minimum of fifty percent (50%) of the lamps in permanently installed lighting fixtures shall be high -efficacy lamps or a minimum of fifty percent (50%) of the permanently installed lighting fixtures shall contain only high efficacy lamps. 10-1-5: PERMIT FEES: A. Permit And Inspection Fees: Fees for permits and inspections shall be as established by fee schedule duly adopted by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE I 1 OF 22 0 1 1 Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. 10-1-6: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the IBC, IRC, or IECC, as adopted and amended herein, or who violates or fails to comply with any order made . thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the Building Official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work, performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 2. That Meridian City Code sections 10-2-5 through 10-2-11 shall be repealed, and replaced with language to read as follows: 10-1-5: PERMIT FEES: A. Permit and Inspection Fees: Fees for permits and inspections shall be as established by fee schedule duly adopted by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 12 OF 22 Community Development Department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. 10-2-6: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the ISPC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the Building Official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the count deems appropriate may be granted. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 3. That Title 10, Chapter 3, Meridian City Code, shall be repealed, and replaced with language to read as follows: 10-3-1: ADOPTION OF NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS: The 2014 edition of the National Electrical Code (hereinafter NEC), published by the National Fire Protection Association, including all appendices thereto, are hereby adopted and incorporated in full as ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 13 OF 22 t'� 1 1 • if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended. 10-3-2: AMENDMENTS TO NATIONAL ELECTRICAL CODE: A. Article 210.8(A)(7) shall be deleted and replaced with the following: Sinks located in areas other than kitchens where receptacles are installed within six (6) feet of the outside edge of the sink. B. Article 210.8(A)(10) shall be deleted. C. Article 210.8(D) shall be deleted. D. Article 210.12 shall be amended by the addition of the following language: Definition. Arc -Fault Circuit -Interrupter is a device intended to provide protection from the effects of arc faults by recognizing characteristics unique to arcing and by functioning to de -energize the circuit when an arc fault is detected. Dwelling Unit Bedrooms. All one hundred twenty (120) -volt, single phase, fifteen (15) -ampere and twenty (20) -ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc -fault circuit interrupter, combination type installed to provide protection of the branch circuit. E. Article 210.52(E)(3) shall be deleted and replaced with the following: Balconies, decks, and porches having an overall area of twenty (20) square feet or more that are accessible from inside the dwelling unit shall have at least one (1) receptacle outlet installed within the perimeter of the balcony, deck, or porch. The receptacle shall not be located more than six and one half (6'/z) feet above the balcony, deck, or porch surface. F. Article 320.23 shall be amended by the addition of the following language: Where the height of a crawl space does not exceed four and one half (4'/2) feet it shall be permissible to secure NM cables, that run at angles with joist, to the bottom edge of joist. NM cables that run within seven (7) feet of crawl space access shall comply with Article 320.23. G. Article 550.32(B) shall be amended by the addition of the following language: Compliance with Article 550.32(B) shall limit installation of a service on a manufactured home to those homes manufactured after January 1, 1992. H. Article 675.8(B) shall be amended by the addition of the following language: Compliance with Article 675.8(B) will include the additional requirement that a disconnecting means always be provided at the point of service from the utility no matter where the disconnecting means for the machine is located. I. Poles used as lighting standards that are forty (40) feet or less in nominal height and that support no more than four (4) luminaires operating at a nominal voltage of three hundred (300) volts or less, shall not be considered to constitute a structure as that term is defined by the National Electrical Code (NEC). The disconnecting means shall not be mounted to the pole. The disconnecting means may be permitted elsewhere in accordance with NEC, Article 225.32, exception 3. SEC special purpose fuseable connectors (model SEC 1791—DF or model SEC 1791 -SF) or equivalent shall be installed in a ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 14 OF 22 MMAwa listed handhole (underground) enclosure. The enclosure shall be appropriately grounded and bonded per the requirements of the NEC applicable to Article 230 -Services. Overcurrent protection shall be provided by a (fast -acting — minimum - I OOK RMS Amps 600 VAC) rated fuse. Wiring within the pole for the luminaires shall be protected by supplementary overcurrent device (time -delay — minimum - l OK RMS Amps 600 VAC) in brealcaway fuse holder accessible from the hand hole. Any poles supporting or incorporating utilization equipment or exceeding the prescribed number of luminaires, or in excess of forty (40) feet, shall be considered structures, and an appropriate service disconnecting means shall be required per the NEC. All luminaire-supporting poles shall be appropriately grounded and bonded per the NEC. 10-3-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person, firm or corporation to place or install in any building, structure, or premises any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the city a written permit to do such work. Permits shall be required for any type of electrical work including emergency repairs and other maintenance or repair work, as well as new installations. The permit application shall be in such form required by the building department. B. Addition or Alteration of Approved Plans: Any addition or alteration of approved plans and/or permitted work shall require resubmittal and approval before issuance of Certificate of Occupancy. C. Copy of Permit to be Posted: A copy of the permit shall be posted or otherwise readily accessible at each work site. D. Permit Validity Conditioned On Inspections: The validity of all electrical permits shall be conditioned upon the completion of the following inspections by the city electrical inspector: 1. Roughed In Inspection: When electrical work for which a permit was issued is roughed in, permittee shall, in writing, notify the city electrical inspector of such, and upon payment of any inspection fee per fee schedule, the electrical inspector shall inspect such work following receipt of such written notice and fee. Upon completion of such roughed in inspection, the city electrical inspector shall indicate such by affixing a tag or label stating the date of inspection. It shall be unlawful for any person to conceal any electrical work, prior to such inspection. 2. Final Inspection: When electrical work for which a permit was issued is ready for final inspection, the permittee shall, in writing, notify the city electrical inspector of such, and upon payment of any inspection fee per fee schedule, the city electrical inspector shall inspect such work following receipt of such written notice and fee. "Ready for final inspection," for purposes of this section, shall be defined as the completion of all enclosed plumbing, heating, furnace work, and/or gas fittings. Where, upon final inspection, the city electrical inspector finds the installation to be in conformity with the statutes of all applicable laws and standards, the city electrical inspector shall issue a certificate of approval authorizing the connection to the supply of electricity and shall send written notice of such authorization to the supplier of electric service. It shall be unlawful for any person to make connection to a supply for electricity or to supply electricity to any electrical equipment installation for which no valid permit is in effect or that has been disconnected or ordered to be disconnected. E. Revocation of Permits: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 15 OF 22 1. The city electrical inspector shall be authorized to revolve a permit or approval issued if any violation of the NEC or of this chapter is found upon inspection. 2. The city electrical inspector shall be authorized to revoke a permit or approval issued if there are any false statements or misrepresentations submitted in the permit application or plans on which the permit or approval was based. 3. Any person who engages in any business, operation, or occupation, or uses any building, structure, or premises after the permit issued therefor is suspended or revolved pursuant to the provisions of this chapter, shall be in violation of this chapter unless such suspended permit is reinstated or a new permit is issued. F. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the public works director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the public works director or designee; if transfer is attempted without written approval of the public works director or designee, such permit shall be deemed void. 10-3-4: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the NEC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the Building Official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 16 OF 22 T0051391TOTHI or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 4. That Title 10, Chapter 5, Meridian City Code, shall be amended to read as follows: 10-5-1: ADOPTION OF INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL RESIDENTIAL CODE PARTS V AND VI, AND LOCAL AMENDMENTS: The following codes, published by the International Code Council, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended: A. The 2012 edition of the International Mechanical Code (hereinafter IMC), including appendix A, as amended by section 10-5-2 of this chapter; B. The 2012 International Fuel Gas Code (hereinafter IFGC) including appendices A, B, C, and D, as amended by section 10-5-3 of this chapter; and C. IRC parts V and VI, as amended by section 10-5-4 of this chapter. 10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE: The following amendments to the IMC shall apply: A. The following language shall be added to IMC section 401.1 Scope. Exception: The principles specified in ASHRAE 62-2010 may be used as an alternative to this chapter to demonstrate compliance with required ventilation air for occupants. B. The following language shall be added to IMC Section 504.6.1 Material and size. Exception: Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. C. The following language shall be added to IMC Table 603.4 Duct Construction Minimum Sheet Metal Thickness for Single Dwelling Units. Exception: Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. 10-5-3: AMENDMENTS TO FUEL GAS CODE: The following amendments to the IFGC shall apply: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 17 OF 22 MU33150WAFTITM A. The last sentence of IFGC section 406.4 shall be deleted, and replaced with language to read as follows: Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than two (2) times the test pressure nor lower than one and one-half (1.5) times the test pressure. B. IFGC section 406.4.1 shall be deleted, and replaced with language to read as follows: Test Pressure. Not less than twenty (20) prig (140kPa gauge) test pressure shall be required for systems with a maximum working pressure up to ten (10) inches water column. For systems with a maximum working pressure between ten (10) inches water column and ten (10) psig (70kPa gauge); not less than sixty (60) psig (420kPa gauge) test pressure shall be required. For systems over ten (10) psig (70kPa gauge) working pressure, minimum test pressure shall be no less than six (6) times working pressure. C. IFGC section 406.4.2 shall be deleted, and replaced with language to read as follows: The test duration shall not be less than twenty (20) minutes. D. The last sentence of IFGC section 408.4 shall be deleted, and replaced with language to read as follows: Illuminating appliances, ranges, clothes dryers, outdoor grills, decorative vented appliances for installation in vented fireplaces, and gas fireplaces need not be so equipped. E. A new section, IFGC section 503.4.1.2, shall be added, to read as follows: Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5) psi for fifteen (15) minutes. F. A new sentence shall be added to IFGC section 505.1.1, to read as follows: An interlock between the cooking appliance and the exhaust hood system shall not be required for appliances that are of the manually operated type and are factory equipped with standing pilot burner ignition systems. 10-5-4: AMENDMENTS TO PART V (MECHANICAL) AND PART VI (FUEL. GAS) OF THE INTERNATIONAL RESIDENTIAL CODE: A. Two new sections, sections M1201.3 and G2402.4 (IFGC 201.4) shall be added, to read as follows: Alternative materials, design and methods of construction equipment. The provisions of this part of the code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the authority having jurisdiction finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of this part of the code in lieu of specific requirements of this code shall also be permitted as an alternate. B. Two new sections, sections M1201.3.1 and G2402.4.1 (IFGC 201.4.1) shall be added, to read as follows: ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 18 OF 22 EMBIEUBM Tests. Whenever there is insufficient evidence of compliance with the provisions of this part of the code, or evidence that a material or method does not conform to the requirements of this part of the code, or in order to substantiate claims for alternative materials or methods, the authority having jurisdiction shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the authority having jurisdiction shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the authority having jurisdiction for the period required for retention of public records. C. A new section, section M1203.1, shall be added, to read as follows: Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel -fired appliances are installed and in dwelling units that have attached garages. D. A new section, section M1203.2, shall be added, to read as follows: Where required in existing dwellings. Where interior work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel -fired appliances exist, carbon monoxide alarms shall be provided in accordance with this section. E. A new section, section M1203.3, shall be added, to read as follows: Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions. F. A new sentence shall be added to section M1502.4.1, to read as follows: Material and size. Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. G. Section M1502.4.2 shall be deleted, and replaced with language to read as follows: Duct Installation. Exhaust ducts shall be supported at four (4) foot (1,219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct. H. A new sentence shall be added to section M1507.3.1, to read as follows: Outdoor air shall be ducted predominantly horizontal to avoid chimney effect. Outdoor air ducts will contain an accessible back draft damper and be designed to have an open cross section of twenty (20) square inches per one thousand (1,000) square feet of conditioned space. I. The following language shall be added to Table M1601.1.1 (2): Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. J. The last sentence of section G2417.4 (406.4) shall be deleted, and replaced with language to read as follows: Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than two (2) times the test pressure nor lower than one and one-half (1.5) times the test pressure. ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 19 OF 22 K. Section G2417.4.1 (IFGC 406.4.1) shall be deleted, and replaced with language to read as follows: The test pressure shall not be less than twenty (20) psig (one hundred forty (140) kPa gauge) test pressure shall be required for systems with a maximum working pressure up to ten (10) inches water column. For systems with a maximum working pressure between ten (10) inches water column and ten (10) psig (seventy (70) kPa gauge), not less than sixty (60) psig (four hundred twenty (420) kPa gauge) test pressure shall be required. For systems over ten (10) psig (seventy (70) kPa gauge) working pressure, minimum test pressure shall be no less than six (6) times working pressure. L. Section G2417.4.2 (IFGC 406.4.2) shall be deleted, and replaced with language to read as follows: The test duration shall not be less than twenty (20) minutes. M. A new section, section G2427.4.1.2, shall be added, to read as follows: Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5) psi for fifteen (15) minutes. 10-5-5: PERMIT FEES: A. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty (18 0) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. 10-5-6: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the IMC, IFGC, IRC Part V, or IRC Part VI, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the Building Official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 20 OF 22 otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective on January 1, 2015. PASSED by the City Council of the City of Meridian, Idaho, on December , 2014 APPROVED by the Mayor of the City of Meridian, Idaho, December , 2014. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Cleric ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 21 OF 22 RMOMMITHINU, NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2012 INTERNATIONAL RESIDENTIAL CODE, AND THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE, ADOPTING THE 2014 NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; AMENDING TITLE 10, CHAPTER 5, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE, 2012 INTERNATIONAL FUEL GAS CODE, INTERNATIONAL RESIDENTIAL CODE PARTS V AND VI, AND LOCAL AMENDMENTS THERETO, PERMIT FEES AND PENALTIES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 13 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of '2014. William. L.M. Nary City Attorney ADOPTION OF IBC, IRC, IECC, NEC, IMC, IFGC, AND LOCAL AMENDMENTS PAGE 22 OF 22 D, November , ITEM NUMBER: • •- Public Works: Budget Amendment for FY2015 in the Amount of $90,000.00 for the Wastewater Treatment Plant (WWTP)Safety Improvements Construction MEETING NOTES �Ojj �(' a+tk�� Community Item/Presentations Presenter Contact Info./Notes OFFICECLERKS DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (7 3 -I n O v w -°• m N d Oq -q 0 N I CDUT, O Ul O I. I a 3�, cvm 5 b O O O O O O O O O O O O O O O O O O w w w w w w w w w w w w w V1 to V1 V1 In V1 Uf U1 In Vt V1 V1 V1 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z 0 0 0 0 0 0 0 0 0 0 9 o o V V OV V C t w H O m O O e.,g} v o d p �s O m U, CR. O O 0 0 w 0 0 u, 0 0 w 0 w 0 0 0 w 0 u. 0 Oo o 00 vt 0 J 0 J 0 J 0 V 0 V 0 J 0 J 0 V 0 V 0 V 0 J V 0 cr m m IA A t/ to d N m v, m C v Vt 0 0 th to t/T i/T L>- {A ih 1R iR to V) to tlf A ut O O CDUT, O Ul O I. 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N N N : Nt N QlY Q). i ll lts ME 4� N (D 0 LD N N 1 'VD to M. � fD w 0 '0 (D (D X fU D e^p � M V) I e O r_ m E IDIANt�� t ► • Pu blic N I Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer II DATE: October 16, 2014 Mayor Tammy de Weerd City Council Memberso loe Borton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $90,000 FOR THE WWTP SAFETY IMPROVEMENTS CONSTRUCTION I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2015 Budget Amendment for $90,000; and Il. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II (Project Manager) 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Dale Bolthouse, Deputy Director of Public Works 546-8244 III. DESCRIPTION A. Background In May, 2013, the City of Meridian Public Works Department contracted with Northwest Safety and Risk Services to perform a safety program and procedure assessment. Part of that effort included safety inspections at the Water and Wastewater facilities. The inspection report was finalized with recommended abatement actions in February, 2014. This FY2015 budget amendment is requesting funds for issues identified at the Wastewater facility. The particular issues addressed in this request are more complex requiring external design and engineering consultation. The Public Works Department hired Mountain Water Page 1 of 3 IV issues addressed in this request are more complex requiring external design and engineering consultation. The Public Works Department hired Mountain Water Works to develop a technical memorandum outlining recommendations and costs to correct the identified concerns. A finalized abatement plan was completed in September, 2014. This timing prevented the Department from utilizing the standard budgeting process. B. Proposed Project This budget amendment is being requested to fully fund the construction of the WWTP Safety Improvements Project. The reason a budget amendment is required is because the findings of the safety assessment were not known until after the FY15 budget was established. The more significant safety issues identified by the safety assessment at the WWTP include: ® Stairway access to the upstream sampling bridge. ® Access to the Primary Sludge Pumping Vaults ® Digester No. 3 Roof Access, Walkway, and Handrails ® Handrails/Guardrails Modifications C. Contractor Selection a. This project will be bid following the approval of this budget amendment. The Public Works Department would like the City Council's approval prior to asking potential contractors to prepare bids. IMPACT A. Strategic Impact: This activity aligns with our Department's vision of providing a safe working environment for all of its employees. B. Fiscal Impact: Project Costs Phase 1 Technical Memorandum (FY14) $8,550.00 Phase 2 Design Plans (FY14) $13,270.00 Construction Contract (FY15) $90,000.00 Total Cost $111,820.00 Proiect Fundin Professional Services (FY14) (3500-55000) $21,820.00 WWTP Capital & Operating (FY15) (See $90,000.00 Amendment Form) Total Funding $111,820.00 Page 2 of 3 VI. TIME CONSTRAINTS Time is of the essence because personnel safety is one of the highest priorities for the Public Works Department. It is imperative that this work commence as soon as possible. City Council's approval will allow this project be completed in fiscal year 2015. VII. LIST OF ATTACHMENTS A. Appendix A - Budget Amendment Form. B. Appendix B — Safety Issue Area Photos Department Approval: Page 3of3 �A I �rA Imm Photo of Digester #3 Roof Walkway Remove and replace work platform at the top of the access stairs. Photo of Digester #3 Roof Access Relocate access ladder and replace with OSHA approved adjustable ladder system. Photos of Digester #4/#5 Roof Walkway Add height to handrail system around digester #4/#5 roof walkways. Photos of the upstream sampling station Install stairway from top of creek berm to sampling station. Photos of primary sludge pumping vaults Add lighting, ventilation and improved ladder access to remove permit entry confined space classification. Photos of primary sludge pumping vaults Install stairway access to remove permit entry confined space classification. Photos of identified railing safety issues Install rigid swing gates and handrail. Photos of drying bed pits Install handrail around drying bed pump pits. 1! 11 11111111:17.11 111111 • • • November Ordinance No. 4 � � : An Ordinance (AZ 14-009 Castle Creek Subdivision) For Annexation And Rezone Of A Parcel Of Land Being Located In The SE '/4 Of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date. 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 2014-091178 BOISE IDAHO Pgs=30 GAIL GARRETT 11/07/2014 12:55 PM MERIDIAN CITY NO FEE 111INII I111111INIII 1111111111111111 III 1111 III 00038501201400911780300306 e t CITY OF MERIDIAN ORDINANCE NO. f BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-009 CASTLE CREED SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOCATED IN THE SE/40F SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL 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: Nor•thi,gest Ventures. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential 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 — CASTLE CREEK SUBDIVISION (AZ 14-009) Page I 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 Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 4b,, 92014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this dayof , 2014. MAY AMMY de WEERD ATTEST: s JAYCEE L. HOLMAN, CITY CIJ R t , Yy eF >r°SLI T1 fI T_ ANNEXATION — CASTLE CREEK SUBDIVISION (AZ 14-009) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 5 day of bio\re_rn ,� e_nr , 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. (SEAL) ; ' 13"�, '" NO Y BLI A ey ` E° k ,> RESIDING AT: MY COMMISSION EXPIRES: . 3 a f_n „ �x Fa 3 4 y rl E;i i-; vs ANNEXATION — CASTLE CREEK SUBDIVISION (AZ 14-009) Page 3 of 3 C. Legal Description & Exhibit Map for Annexation Boundary Legal Description Castlecreek Subdivision -Annexation A parcel being located in the SE Y of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE 1/4, from which a 518 inch diameter iron pin marking the southeast corner of the SE 1/4 of said SE'/ bears S 89°43'43" E a distance of 2656.26 feet; Thence N 0°15'13" E along the westerly boundary of said SE Y a distance of 721.02 feet to a point on the centerline of the Ten Mile Drain; Thence leaving said westerly boundary S 52°20'27" E along said centerline a distance of 603.16 feet to a point; Thence continuing along said centerline a distance of 405.42 feet along the arc of a 1071.91 foot radius curve right, said curve having a central angle of 21 °40'15" and a long chord bearing S 41'30'20" E a distance of 403.01 feet to a point; Thence leaving said centerline S 0°26'23" W a distance of 114.96 feet to point on the southerly boundary of said SE 1/; Thence N 89'43'43"W along said southerly boundary a distance of 667.72 feet to the POINT OF BEGINNING. This parcel contains 6.97 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 30, 2014 �pNPt LANos 0 11118 ) "yrN� /2r0N W oluti ns Casilecreek Subdivision k, --Ww „g wd c,,,,, ft" Job No. 13-57 -13 CASTLECREEK SUBDIVISION ANNEXATION EXHIBIT Cf6f INST, NO. 100158908 0 1/4 SW CORNER MESSNA HILLS NO. 2 OAK TABLE SS WIQWJ � S G� N I M AREA ® 8.97 ACRES IWS 0 POINT OF BEGINNING Ui 687.60' _ _ N 69'43'43' W 30g, 264b.00' 29 � — — 667.72 _ 31 32 N 60'43'46" W 32 S B9'93 43 E E. ROS 2096.26' CPAF KIST.1/4 BASIS OF BEARING N0, 106146171 ".' INST. N0. 64002912 �--� 0 •0 160 324 -14 n fu ions Land Surveying and Consulting too 231 E. 5TH ST, STE. A MERIDIAN, ID 83642 1208( 288-2040(208J Z8B-2557 fax � JandsduQooa.b1z s a S� o to Ol 20 28 32 33 OP6i' INST. N0. 94002013 n fu ions Land Surveying and Consulting too 231 E. 5TH ST, STE. A MERIDIAN, ID 83642 1208( 288-2040(208J Z8B-2557 fax � JandsduQooa.b1z Future Meeting Topics MEETIVIG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: November 6, 2014 Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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