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2014-11-25
CVEFIDIAN CITY COUNCIL REGULAR ! D A H O MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 25, 2014 at 6:00 PM Roll -Call Attendance X_ David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance by Evan Knapp 3. Community Invocation by Cope Adam w/ the Copper Cloud LDS Ward 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of November 5, 2014 City Council Special Meeting B. Approve Minutes of November 12, 2014 City Council Workshop Meeting C. Approve Minutes of November 18, 2014 City Council PreCouncil Meeting D. Approve Minutes of November 18, 2014 City Council Meeting E. Approval of Task Order 10460.e to Brown and Caldwell for the "WASTEWATER TREATMENT PLANT CAPACITY ASSESSMENT" Project for a Not -To -Exceed Amount of $72,183.00 F. Approval of Task Order 10521.a to CH2M Hill Engineers, Inc. for the "WASTEWATER TREATMENT PLANT PLC UPGRADE" Project for a Not -To - Exceed Amount of $237,352.00 G. Approval of Purchase Order #15-0117 to Western States Automation for 16 Additional Rotork Actuators for the WWTP Aeration Basin Control Upgrade Project in the Not -To -Exceed Amount of $82,862.00 Meridian City Council Meeting Agenda — Tuesday, November 25, 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. Approval of Purchase Order #15-0122 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not -To -Exceed Amount of $788,621.00 Vacated from the Agenda Professional Services Agreement for Wellness Services with Kristy Swinney License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Recreational Pathway Adjacent to the Ridenbaugh Canal in Reflection Ridge Subdivision No. 3 K. Temporary Construction Easement for The Oaks - Harger L. Sanitary Sewer Easement - The Oaks Gravity Sewer M. Sanitary Sewer Easement - The Oaks Pressure Sewer Easement 1 N. Sanitary Sewer Easement — The Oaks Pressure Sewer Easement 2 O. Sagewood Subdivision Sewer Easement P. Development Agreement for Approval: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot Q. Development Agreement for Approval: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District R. Findings of Fact, Conclusions of Law for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land T. Final Order for Approval: FP 14-040 Scentsy Commons Subdivision by Hot1, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts Meridian City Council Meeting Agenda— Tuesday, November 25, 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. U. Final Order for Approval: FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District V. Resolution No. 14-1033: VAC 14-006. A Resolution for the Vacation of the two (2) 5 -foot wide Public Utility, Drainage, and Irrigation (PUDI) Easements Located on the Common Lines between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision Located North of Chinden Boulevard and East of N. Jayker Way in the Southeast '/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. 6. Community Items/Presentations A. Discussion Regarding Child Care in Idaho by the IdahoSTARS Project B. Republic Services: Grass Recycling Program Update Motion approved to extend pilot program for one year. C. Amended onto the Agenda: Discussion on Interchange Art 7. Items Moved From Consent Agenda None 8. Action Items A. Public Hearing Continued from November 5, 2014: 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 Approved B. Public Hearing Continued from November 5, 2014: 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 Approved 9. Ordinances A. Ordinance No. 14-1632: An Ordinance (AZ 14-008 Shallow Creek Subdivision) for the Annexation and Rezone of a Parcel of Land Being a Portion of the NW 1/4 NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; Establishing and Determining the Land Use Zoning Meridian City Council Meeting Agenda — Tuesday, November 25, 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. Classification of said Lands from RUT to R-15 (Medium -High Density Residential District); and Providing an Effective Date Approved 10. Future Meeting Topics None Adjourned at 7:30 p.m. Meridian City Council Meeting Agenda — Tuesday, November 25, 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 November 25.2014 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, November 25, 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. i7tharc Prasant• Rill Nnni Anvraa Hnlman Rrivc Frar4latnn %A/wron Rtawarri _Inmia Leslie, Perry Palmer, Robert Simison, Brian McClure 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: Good evening. I'd like to welcome you to the City of Meridian City Council meeting. We always enjoy seeing our citizens in attendance and certainly on Thanksgiving week. Usually people leave. So, thank you for choosing here to spend your evening. For the record it is Tuesday, November 25th. It's three minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Evan Knapp De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by one of our Boy Scouts, Evan Knapp. Evan, if you will come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: Evan, I'd like to offer you a City of Meridian pin for leading us tonight. And good luck with your badge. Item 3: Community Invocation by Cope Adam w/ the Copper Cloud LDS Ward De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Cope Adam. He is with the Cooper Cloud Ward of the LDS church. If you will come forward and I will ask everyone to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us this evening. Adam: You bet. Our kind and gracious Heavenly Father, we are, indeed, grateful for the opportunity to meet as a community. We are grateful for this community in which we live, for the beauty all around and grateful for the many opportunities it affords us. We ask for thy Spirit to be here at this meeting that will lead and guide us in making tough decisions Meridian City Council November 25, 2014 Page 2 of 33 that will affect our lives, as well as those who live in our community. And we say these things in the name of Jesus Christ, amen. De Weerd: Thank you. And I, too, would like to offer you a City of Meridian pin and thank you. Item 4: Adoption of the Agenda no 1Naarrf• Ifam Nn d ie nrinnfinn of fhm ommnrio Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 5, Consent Agenda. 5-H. This -- our staff has requested that that be removed for further information. Under Item 6 has been a request for an Item 6-C to discuss the interchange art. Item 5-13, the proposed resolution number is 14-1033 and Item 9-A the ordinance number is 14-1632 and I, therefore, move that we amend the agenda to add Item 6-C. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended, removing Item H for -- to a later date and adding Item 6-C under interchange art. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5: Consent Agenda A. Approve Minutes of November 5, 2014 City Council Special Meeting B. Approve Minutes of November 12, 2014 City Council Workshop Meeting C. Approve Minutes of November 18, 2014 City Council PreCouncil Meeting D. Approve Minutes of November 18, 2014 City Council Meeting E. Approval of Task Order 10460.e to Brown and Caldwell for the "WASTEWATER TREATMENT PLANT CAPACITY ASSESSMENT" Project for a Not -To -Exceed Amount of $72,183.00 Meridian City Council November 25, 2014 Page 3 of 33 F. Approval of Task Order 10521.a to CH2M Hill Engineers, Inc. for the "WASTEWATER TREATMENT PLANT PLC UPGRADE" Project for a Not -To -Exceed Amount of $237,352.00 G. Approval of Purchase Order #15-0117 to Western States Automation for 16 Additional Rotork Actuators for the WWTP Aeration Basin Control Upgrade Project in the Not -To -Exceed Amount of $82,862.00 I. Professional Services Agreement for Wellness Services with Kristy Swinney License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Recreational Pathway Adjacent to the Ridenbaugh Canal in Reflection Ridge Subdivision No. 3 K. Temporary Construction Easement for The Oaks - Harger L. Sanitary Sewer Easement - The Oaks Gravity Sewer M. Sanitary Sewer Easement - The Oaks Pressure Sewer Easement 1 N. Sanitary Sewer Easement — The Oaks Pressure Sewer Easement 2 O. Sagewood Subdivision Sewer Easement P. Development Agreement for Approval: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot Q. Development Agreement for Approval: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District R. Findings of Fact, Conclusions of Law for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 Meridian City Council November 25, 2014 Page 4 of 33 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land T. Final Order for Approval: FP 14-040 Scentsy Commons Subdivision by Hot1, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts U. Final Order for Approval: FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District V. Resolution No. 14-1033: VAC 14-006. A Resolution for the Vacation of the two (2) 5 -foot wide Public Utility, Drainage, and Irrigation (PUDI) Easements Located on the Common Lines between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision Located North of Chinden Boulevard and East of N. Jayker Way in the Southeast'/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the Consent Agenda as amended. Bird: Second. De Weerd: I have a motion and a second to adopt the Consent Agenda as amended. 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. Meridian City Council November 25, 2014 Page 5 of 33 MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Discussion Regarding Child Care in Idaho by the IdahoSTARS Project ne Waarrl• Itam R -A is unriPr nim Cnmmiinihi PrPzPn1nfinn Tnninht wP will haves n discussion regarding child care in Idaho by the IdahoSTARS project. Yes. Thank you for joining us this evening. If you will, please, state your name and address for the record. Watson: Amanda Watson. I'm actually in Boise. I'm the communications contractor for the IdahoSTARS project. De Weerd: Well, Amanda, we will not hold that against you Watson: Thank you. De Weerd: Thank you for joining us. Watson: I happy to be visiting. Madam Mayor and Members of the Council, thank you for allowing us to share with you updates and developments with the IdahoSTARS project and discuss child care in Meridian. I'm helping the IdahoSTARS project manage their advocacy and communication efforts throughout the state. I'm actually with Red Sky Public Relations in Boise, if you're familiar with that agency, and part of the communication strategy is getting leadership buy -in, which is why we are here tonight. If I can figure out how to use this. Holman: In the lower left-hand corner there should be left and right arrows. Can you see them? Watson: Yes. Holman: You should be able to tap that and it should advance it with that pen. Watson: Perfect. Okay. So, I'm going to talk a little bit about why child -- quality child care matters. Ages zero to five are the most critical development years in a young child's live. Actually, 90 percent of the brain develops during those years. Little known fact. And quality learning or early learning translates directly into economic returns and societal returns. You may have heard some of the statistics that people look at third grade reading levels to predict incarceration rates and high wage states typically are those with a well educated workforce and that is directly tied back to early child education. And, then, 60 percent of Idaho's young children are in some sort of child care. Some might be a facility or it might be home care. It might even be a nanny situation, but that's 60 percent of Idaho's children are in some type of child care. So, the state of Idaho's child care right Meridian City Council November 25, 2014 Page 6 of 33 now -- essentially, there are four major -- there is a little bit more, we can look at this from high level four things, essentially, you have to complete in order to be a child care provider in Idaho. They must complete four hours of training every 12 months to be a provider and a provider is someone who provides care to seven or more children and at least one of those families is paying them for that service. They must complete a background check. Just be certified in first aid and CPR and, then, there must be a health and fire check of their home or facility where ever they are providing care. Now, cities do have the option to elect to elevate their own standards beyond that of the state, as long as they do meet the state renuirements and that's kind of what I Wnintpd to talk to vnii ahniit tnninht Tharp ----- -1-- ---.-.._-, -...-. _.-.._ ....._ _. ....-.� . .. _...--- -- -_.... - ,-- ----. _...�.... ..._._ are eight cities in Idaho who have elected to elevate their standards of child care in Idaho and I just want to introduce that opportunity to Meridian and see if that's something that the Council -- you would be interested in possibly doing down the road. These are the -- these are the eight cities who have elected in some fashion -- they are all a little bit different -- different is determined by the city, what's important to them. I know one of Meridian's promises to the community is safety, so if that's something that from a child care perspective you really wanted to elevate that standard in child care, have additional safety checks in your child care providers, facilities or home care centers, perhaps that's something you could elevate and we will talk about a few different other options here in a minute. So, Ammon, Boise, Chubbock, Coeur d'Alene, Moscow, Lewiston, Pocatello and Idaho Falls are the cities who have elected to elevate their standards in some way. So, just mention that potentially safety is one of those -- one of those ways that you could elevate or change the standard in Meridian. One of the ways that Boise has just recently changed their standards I'm sure you have heard of is their physical activity and nutrition standards and that's extremely important this day and age with more and more kids participating on iPads and things like that. So, if that's something -- and currently at a state level there are no -- there are no regulations or anything like that regarding screen time or physical activity. Additional nutritional standards is a consideration. Also maybe a plan for children with diverse abilities, if that's important to the city, and also you can always implement additional training hours for staff and directors. So, if you think four hours is not sufficient every year for professional development for child care providers in Meridian you could always elevate that to an additional level. And, then, parent involvement is another recommendation. So, how are your child care providers including parents in their decisions and how are they communicating with them. I also just wanted to talk about advocacy. We want to ask the Council to be advocates for quality child care. The IdahoSTARS project -- part of what we do is once child care providers go through a certain level of professional development and training, they go through what we call the steps to quality and -- there is six steps and at step three get a STAR rating, which indicates they -- in the eyes of IdahoSTARS are a quality program and to parents you can look for that STAR and say, okay, they have met health and safety and educational standards and hopefully we can encourage parents and communities to encourage the quality choice. And I also want to encourage you to share the importance of early learning with your communities and friends and family from just a personal level. So, how IdahoSTARS can help the City of Meridian from a partnership level. IdahoSTARS, again, is the leading expert in referral source for parents, so parents can call 211 -- the 211 line and they won't recommend a specific child care provider, but what they will say is here are the child care providers who are either enrolled in the steps to quality who are seeking Meridian City Council November 25, 2014 Page 7 of 33 STAR rating or here are the ones who are STAR rated or when you get to step six you're nationally accredited, so we also have a list of those folks. We also have an enormous calendar of training opportunities for child care providers. A lot of them are free. So, we encourage people to take advantage of those if they can. And we are also the contracting agency for any -- any new child care provider who wants to provide care. And, in closing, just a reminder. My name is Amanda Watson, I work for Red Sky. We are the contracting communications agency for IdahoSTARS. My contact information is here. If anyone has any questions for me I would be happy to answer them. And, then, Beth Oppenheimer is my r.Iiant rnntart Rha'c tha rlirartnr fnr the Irinhn AsQnriatinn fnr Frinrntinn of Vniinn Children. She is really leading the charge and the state on this effort and she can also answer any questions you have if you're interested in pursuing any of these policies. And I'm happy to answer any questions you might have now. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thanks, Amanda. A couple quick questions. Watson: Yes. Cavener: Can you summarize right now -- what's the involvement of Meridian child care providers? I mean are their child care facilities that are already doing some of this and, if so, can you highlight some of those? Watson: Yes. I don't have -- I, unfortunately, didn't bring a list with me right now, but this summer -- earlier this summer we totally overhauled the steps to quality program, so that it would be more inclusive, easier for child care providers to enroll. And, actually, what my firm did at right around this time last year was we did a series of focus groups with child care providers and what we heard is some of the application process was cumbersome, so they did a big overhaul of the system and so right now it's right at the beginning of people starting to get back involved with the steps to quality, but they are Meridian child care providers and I would be happy to sent that to you. Cavener: I'd like to see that. Watson: Yeah. I would be happy to send that to you tomorrow. Cavener: Okay. Madam Mayor, a couple follow ups? De Weerd: Uh-huh. Meridian City Council November 25, 2014 Page 8 of 33 Cavener: When you talk about additional education hours, what are these -- what have these other municipalities done? Have they all adopted a uniform amount of hours? Is it -- Watson: No. Cavener: Maybe you can give me a little bit of information about what some of those other cities are doing. Watson: So, as far as additional training, Coeur d'Alene I know, just off the top of my head, has eight hours of additional -- or of training per year and so that is an additional four, rather the state standard of four and it's really up to the cities of, you know, looking at how many families are being served and you can see -- you know, I think that's probably up to the Council in knowing their community and what -- what you think is probably best, but -- and off the top of my head eight is the number I know just from Coeur d'Alene, so -- but those numbers are available on the -- the site is 211idaho.gov for the -- the state standards of child care and, then, all of the city cites, the eight that I mentioned in my presentation, they have all of their standards on their websites as well. Cavener: Okay. Thank you. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Amanda, I'm very -- I'm familiar with this program as I utilize it -- Watson: Oh, great. Milam: -- when I was putting my son -- looking for a day care for my son and I made sure that it was a STARS program that I put him in. So, that was wonderful information to have, that list. One of the things that you mentioned was additional safety checks. Watson: Uh-huh. Milam: What is the -- what is the mandatory state safety checks now? Watson: There is kind of a list and it's a little bit ambiguous, but they make sure that you have clean food prep stations and they make sure that kids are washing their hands throughout the day. But if you wanted to -- if you wanted to elevate safety checks, you could increase the number of safety checks every year, because they are -- there is just one done every year and sometimes they are done sporadically. So, if safety is really important to you, you could also do additional like play structure safety checks. I mean whatever you wanted to do -- whatever is important, because I know that's a focus for the City of Meridian. It's fairly focused on health I would say. The health and safety component. It's your typical wash your hands, have a safe, clean and make sure the -- Meridian C@y Council November 25, 2014 Page 9 of 33 you know, there is no weaponry or glass or anything like those type of things, so when they do a normal walk through of a facility -- but you could always elevate that, you know, and I don't know what that would look like for the city, but it might be different for Meridian. De Weerd: What have other communities found the additional impact has been on staff or the cost of compliance checks and -- Watson: Well, some of these are quite new. Some of these adoptions are quite new. But fha STARS nrniarf ac far ac __ if %era ara Innkinn of hitt fraininn ac an afrart tha STARS project does offer incentives for providers to go through and seek additional training. So, if a provider is very invested in professional development, just speaking about that component right now, they can -- they can get scholarships to -- to further their professional development and that would offset the cost quite a bit for that provider. So, they wouldn't be paying necessarily for their whole staff to go through all of these -- trainings and programs. That's one element of Idaho STARS is they offer incentives for providers to do those training. De Weerd: So, it's all voluntary. Watson: It's all voluntary, yes. Uh-huh De Weerd: Thank you. Any other questions? Mr. Zaremba Zaremba: Mayor, if I may. This is similar I think to some of the questions that have been asked, but explain a little bit about enforcement. If you have care facilities that are falling below even the minimum requirements, I would assume the state has some enforcement and who -- if a city has additional stuff, who enforces that? Watson: So, the STARS project is responsible. It's actually a collaborative project through University of Idaho, Idaho AEYC, the Association for Education of Young Children, and the Department of Health and Welfare. So, Health and Welfare does do the random check -ins and every year IdahoSTARS has -- we are broken off into districts, so on the website you can see the districting maps and every one of those districts has a -- I'm sorry, I keep hitting these mikes. Every one of the district maps has a representative, so that's the person -- that's the contact person for all child care providers in that region and they make check -ins, they make stops, they try to make sure everything is kosher, so -- and if it's -- if it's implemented by the state, then, IdahoSTARS is definitely a partner in that. I'm sure that it would have to be a conversation with the program itself without -- depending on exactly what you decided to change. I'm sure it could be woven into the checks, depending on how elaborate the changes were. I just -- I'm hesitant to make any promises right now, but I'm sure that that's part of what's woven in as far as the checks to quality goes. So, they go in and check to make sure that their STAR rated providers are reaching all of those steps to quality, so when a city makes a decision to elevate their standards as well, it's a collaborative approach. Bird: Madam Mayor? Meridian City Council November 25, 2014 Page 10 of 33 De Weerd: Mr. Bird. Bird: Amanda, I take it, then, that the Idaho Welfare -- Health and Welfare is the sole source of income for IdahoSTARS; is that right? Watson: They are the funding, yeah. Uh-huh. rla 1Alaarrl• Anv nfhar nnacfinnc frnm Cnnnril? Okay 1A/a nnnrarinfa fha -- fha presentation and at some point we will look at -- if Council would like a follow-up. Watson: Okay. Great. Thank you all so much. B. Republic Services: Grass Recycling Program Update De Weerd: Thank you. Okay. Item 6-13 is through Republic Services. Thank you for joining us this evening. Kline: Sure. Thank you for having me. Good evening, Madam Mayor, Council. My name is Rachel Kline. I'm with Republic Services. 2130 West Franklin in Meridian and I am here tonight in this really cold weather to give you a grass recycling update, which is kind of funny as winter hasn't hit, but all the leaves are frozen and the grass is already dying. But this -- we are 15 months into the pilot program that we launched here in Meridian and customer numbers have fluctuated between five and six hundred participants in this program and they are all paying 7.95 a month for this and with that they can put their grass out at the curb and we take it out to the McGurdio place, which is south -- okay. Let me get this right. Locust Grove and Lane Hazel I think. Hopefully I got that right. It's unincorporated Ada County, but a Meridian address, and if you guys remember last year the McGurdio family came in to introduce themselves and they would be happy to give you a homestyle update as well. They just wanted to let you know that they enjoyed coming and with this, though, this year the idea was that we would collect the grass and the ensile it. We take it down to the McGurdio's pit. They actually dug a nice asphalt lined pit and they were tarping it. They got a fair amount of grass. It wasn't the volume that they were hoping for and so what they did was they mixed it with the dry corn cobs off their farm, because the grass itself was really wet, so they got to it quickly and they -- they split it, they did some mixing with corn cobs and did feed it as cattle feed and the rest they land applied to some nutrient poor ground that they are hoping to bring into farm ground. It sounds like they may need a few applications before -- there is some pretty nutrient poor ground down there. So, what we would like to do tonight is ask you to extend the pilot another year and for a couple of reasons. One, I know it's a small number of accounts, it would be easier for us to continue billing them, versus MUBS. It's a big undertaking to ask to add anything to that. The second is we are looking at organic collection. We are just toying with it. I shouldn't say we are toying with it. We actually are finishing the -- with organics collection, which is pretty exciting. Here in the valley looking at a regional organics program and with that some cities are interested in making it part of their general suite of services and for the customers in Meridian it would certainly be an option, we Meridian City Council November 25, 2014 Page 11 of 33 would love to talk to you more about it once we have the numbers finalized and a timeline that are scripted out, but the -- certainly if that's the way we went, we would love to roll the grass only customers into a full green waste program. Or, actually, it would be organic. So, it would be any cooked food, produce scraps from the house, as well as yard debris. So, grass, tree limbs, things like that. So, woody debris. Shrubs. So, it would be a real enhancement of the current service to add that here in Ada County. So, we are looking -- we are finalizing those numbers now. It would entail bringing in a fair amount of equipment, so it's a ways out, but the customers that we have there who are participating wP.il in this nrass-nnly nrnnrnm haves nckorl in ho -- vnn knMe/ fho firef mihn mull onfor fhic organics program will be allowed to once it's available at the curb. So, with that -- you know, we still have -- the numbers have fluctuated. Right now it is a year around program, so all the customers with grass only carts were notified and they are now collecting leaves in carts. Actually, that finished Friday. So, leaf collection with snow. So, it's not as productive this year as we were hoping, but people can bring their leaves once they thaw to the transfer station until December 13th and, then, again, they can drop them off when they drop off their trees. So, once you find, the residents here are welcome to bring them to transfer station. So, with that I'm happy to answer any questions about the grass program. De Weerd: Thank you, Rachel. Any questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I have got a few questions, Rachel. You get so excited about clipped grass Kline: I know. It's the little things. Cavener: But walk me through a little bit about pricing. So, it's 7.95 -- Kline: Uh-huh Cavener: -- if someone wants to sign up for it. How does that compare to -- if someone wants to just add a secondary bin? Kline: Significantly more. So, it's -- a second cart is around two -- we just approved rates in October. I want to say it's maybe $2.20, somewhere right around there, for a second trash cart. Yeah. Second cart in general. So, this is a cart that really people are opting in, because they -- they want this type of service. We had a demand out there and this just answers that specific demand. Cavener: During the months that it's -- that you're collecting trash, do you still collect at the 7.95 rate or do you drop it down to a secondary bin rate? Meridian City Council November 25, 2014 Page 12 of 33 Kline: No. It's just our -- it's year around. So, they can use it for grass and, then, leaves and, then, trash and it's the same flat rate. It's really hard from a utility billing standpoint to jog those rates around. I assume it is. We don't do the billing, but it seems very complicated. I would say that that's part of it, but also what we look at was the annual cost and we just broke it out over 12 months with the annual cost. So, some months you use it as trash, some leaves, but those costs remain flat throughout the year. Cavener: Mayor, a couple follow ups. You mentioned that -- would the city handle the hillinn? I wac nnrtar tha imnraecinn fhnf fnr fhie eeniire fhnf Roniihlir hille fhe Mi7ane directly. Kline: Right. Right. So, we -- we have a lump sum right now. That's what I'm saying. We have a lump sum that we bill. We divide it over 12 months. But if it becomes franchised it would remain the same. So, that's why we asked to extend the pilot another year. We did talk to utility billing about this and it would -- the billing would be the same. It wouldn't fluctuate based on content of the cart. It would just be that cart designated for that annual service. Cavener: Okay. In your opinion what's -- what's impacted the volume? You said that it's fluctuated. What has caused people to -- what's the underlying issue why they have signed up and what's the reason why they have left? Kline: Okay. So, I have two questions. So, sign-ups is -- we started late last year when the grass had -- we were able to -- had authorization to start the program in August, so as people's lawns were getting kind of crispy and people were less interested in recycling grass, because they wouldn't have a full cart. Cavener: I'm sorry. August of -- Kline: Of 2013. Cavener: Okay. Kline: Sorry. So, we -- we had kind of a soft launch then and we started just a couple customers that were on waiting list. This spring we ramped up to maybe 550, close to 600, and, then, we did see that number start to taper off this fall and a lot of it is just what were you saying, people were saying, okay, I'm not going to use this cart -- I'm not going to need this service, so go ahead and take it away. So, they may sign up again come next spring, which was what we were trying to avoid by having a year around option for the cart, but definitely the tapering off has come with the fall -- the cold weather. Cavener: Madam Mayor, maybe one more question if I can. Thanks. I like how you used the word pilot and I think that, you know, when you look at pilots you have got to identify the things that have been successful and find ways to overcome those pieces that maybe aren't so successful and for me when looking for an update, those are the things that I'm Meridian City Council November 25, 2014 Page 13 of 33 hoping to hear from. So, what are the things that Republic is really proud about this program and are the things that you guys are looking to improve on? Kline: Okay. You're -- you're good. Cavener: Sorry. Kline: You must be a teacher in your off hours. So, the things that we were -- we knew the nrire nnint wac hinh nnminn intn it anrt wa hari to rnvar tha rnct of caniira Karma= we were not imbedding this -- it had to be a stand-alone program and so based on that -- on it being a stand-alone program, we knew the cost was high. That price is something we would love to move down. The more people who participate in it the lower the price will be, just because you have more people sharing that core cost -- the core cost. We were hoping for a much larger volume and what we found this past year was the people would put their carts out every week for collection and they would be half full. You know, they wouldn't be full to the rim. So, we estimated volumes based on full carts at the curb and we didn't get full carts, we got, you know, half full, third full, sometimes people were on vacation, they didn't put them out at all, so the -- based on the number of participants the volume that we brought in was much lower, which didn't justify the testing on the back side. So, it would have been expensive to test a very small quantity, so we had to shift kind of mid -- midstream by probably July of this year we knew -- Mike McGurdio said we don't have a large enough batch to warrant the expense of testing all this for cattle feed, because it's so small and we would have to be starting over with a new batch in this next year, so we will need to add to it or -- I mean -- and, then, he ran some tests. So, he mixed it with -- like home trials, that's not chemical testing in a lab, but he mixed it with corn -- dry corn cobs to absorb some of the moisture and to see if the cows would eat them. So, he just had some of his cows try that diet of the grass and the corn cobs and they did, you know, they will eat tortillas, so they will eat just about anything we found. So, I think that, you know, we would probably let people switch cart sizes to -- you know, to a smaller size cart, not -- right now we have the 65 and the 95. We would make the smaller cart an option. Not everyone has a huge lawn and not everybody filled it. You know, definitely work on getting the price point lower and now that same group of customers really has been anxious to get a full organics program and that's why we said let's see if we can stretch this another year and, then, you guys would just roll that same cart into a full organics program. The upside of a full organics program that takes yard debris, in addition to grass we take, you know, shrubs and cooked food and -- and, you know, produce scrap and things like that, is that that would allow a lot of people to move down a cart size, you know, for trash, because here the cart rate varies based on how much you're putting out. So -- so, that's why we are hoping to get that in place and enhance it, because I think that it could stay at this level for a long time with maybe, you know, five to seven hundred customers if we didn't do something different. Cavener: When you say the five to seven hundred -- I understand the residents of Boise and Eagle are also participating, so is it 500 Meridian -- Kline: Uh-huh. Meridian City Council November 25, 2014 Page 14 of 33 Cavener: --households or -- Kline: Right. So, we have -- I didn't look at the numbers as of today, but between, you know, right around 500 in Meridian and the other communities are -- have slightly fewer participants. Cavener: Price point the same? Kline: Yeah. Yes. The same. Cavener: Okay. Thank you. Kline: There is one truck that services kind of the whole valley, so -- any other questions? De Weerd: No. Thank you. I think it's exciting that the first year saw success and as we continue to work with it -- I'm sure you have a huge advocate in Molly that's probably out there beating the bushes to -- to grow the program. I know we appreciate the work by SWAC and I see our chair is in the audience. Thank you, Steve, for being here. Anything further from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe she wanted -- De Weerd: Yes, she does. An extension. Bird: -- an extension for another year for that pilot and I would make a motion that we agree to extend the pilot program through 2015. Rountree: Second. Milam: Second. De Weerd: I have a motion and a second to extend this pilot project for another year. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Have a happy Thanksgiving. Meridian City Council November 25, 2014 Page 15 of 33 Kline: Thank you. C. Amended onto the Agenda: Discussion on Interchange Art De Weerd: Okay. Item 6-C is discussion on the interchange art and I will turn this to Robert. Cimi¢nn• Thank vnn Mnrinm 11Awnr Ummhcre of fhc r`nunAl Rn vnii rcmcmhor I f=llrcrl .,....,.,... ...,.... r., ........�.......�.. ..,,,,.....ow wo %1— .. Y-- .......,....,... ........... to you earlier a month or so ago about moving forward with doing the interchange art, which was removed at the end of the budget year last year. What I have -- thanks to the work of Brian McClure, he's been working with the contractor on the interchange to come up with options for the interchange art, trying to stay true to the original design, but also value engineering something to get the best work and fill that are there. So, our conversation today is just to get some of your feedback on the options and to provide you some cost information on what it might be, with the hopes of coming back to you next week with a budget amendment for the amount, so that we can move forward. We are at a point where we -- we will have to make a decision on whether or not to do this for certain with a budget amendment, otherwise, we will miss our window with the interchange construction occurring. So, you're getting some handouts that are there and I will just move -- show you the information here. We will go ahead and start with the -- what's called the short design pattern. You can see it just doesn't go all the way across the entire interchange and it has the basic design elements of what you originally saw when this process came through most recently with the sun, mountains, the birds, and the streams of air. So, this has been value engineered with Brian to try to be the most cost effective for a variety of reasons. The questions that you really are going to have today are do you -- shall we do a short or long and, then, also if you have a preference on material type and, of course, shorter is less than longer and material type varies as well in cost. And with that we, basically, kind of have four different price points in what we are prepared to discuss with you here today. I'm just going to start with the short one. If we do a stainless steel powder coated -- and that's what the -- is going to be similar to what the fence is going to be. The fence will be powder coated. And I also just want to mention that this was done also with maintenance in mind. We were trying to say what's going to be the least to maintain, because maintenance, obviously, adds cost. So, the powder coating the stainless steel it -- the stainless steel is not as -- it's a thinner stainless steel, but the powder coating will help it last longer and the thought is, since the fence is going to be powder coated, by the time the fence might need to be repaired or replaced or maintained at the same time, that the art would also, in theory, be at the same time as well with their both being powder coated. The other thing is to go with an uncoated stainless steel look and -- but that is going to be a more expensive metal that's mixed with something to keep some of the corrosion down. So, again, less maintenance. But what we don't have is how long until that may or may not be maintained via both of those options. So, what you have here is you have a base estimate of 33,000 and 41,000. The projected increase -- Brian has been working directly with the fence manufacturer for specific costs. As you go through the change order process with ITD, we have been told we can inspect up to a 30 percent increase just through that process. We don't know that for a fact, but that's what Meridian City Council November 25, 2014 Page 16 of 33 we are anticipating at this point in time, which gives you a total of 44 and 55 for the short version to look at. Similarly, if you look at the long version -- and the colors are there if we paint it and powder coat it you could do that color that you saw, the yellow or some other coat. This is meant to be -- show more of a stainless look in that version. But you can do the full in the powder coat as well, you know, there is -- it doesn't matter from that perspective. Here you can see the cost of 47 as a base for the powder coat, 58 for the untreated, which gives us a rough cost of 62 versus 77 if we were to go to the full, untreated, stainless steel version. So, that's really all -- that's really all I have from the narcnanfiva of if #harm ie n nmfarmnra mifhmr nn Inn4 nr nnef anf4 urhofavar faar11hnn4 I nmf I will bring back a potential budget amendment for next week for -- for a final discussion. And for that I'd open up to any questions from myself or to Brian, because he's really the expert here. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Robert, if we are powder coating, why aren't we using stainless steel and powder coating -- it's very successful to stay on -- and I don't know how thick the stainless steel is or -- they are using or anything, but I would think there would be another cheaper material that we could use and the powder coat, once it's baked on there or shot on there isn't going to -- isn't going to -- isn't going to go off. In fact, it's hard to even chip off and would think that would lower our cost quite a bit and my opinion, between the two of them, I like the shorter version -- not only do I like the price, but I think that longer version is awful, awful busy. I think it's too much. Where I think the shorter version is right. That's my two cents worth. Brian can answer a couple of the questions that you asked. McClure: Madam Mayor, Councilman Bird, the metals are recommended by the fence contractor. The reason stainless steel is being used is because it's a similar metal to what's being used in the fencing. If we went with something like aluminum, which is lighter and cheaper, it's called a dissimilar metal and it causes the other metal to rust faster and so there is -- there might be some other ones, but these are the ones they work with most frequently and are kind of proven, so -- Bird: Follow up, Madam Mayor? De Weerd: Uh-huh. Bird: Brian, you're telling me, then, the fencing is going to be stainless steel? De Weerd: Yes. Bird: Powder coated. McClure: It's stainless steel and it is powder coated, yes. Meridian City Council November 25, 2014 Page 17 of 33 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is the powder coating all the way around on both sides -- back side and everything? It's not just front surface; right? McClure: Madam Mayor and Councilman Zaremba. Are you referring to the artwork or the {Fence' 1116 fence) [ Zaremba: Say again. McClure: Are you referring to the artwork or the fence? Zaremba: The artwork. McClure: Well, in both cases it's yes. Zaremba: Okay. McClure: It would be basically dipped. Zaremba: Good. Well, I also would state a preference. I think the shorter one stands out much better. The long one actually isn't -- doesn't pop to me as much as the short one does. You really visualize that as a piece of art. So, I would like the short one and certainly like -- now that I have seen it -- the yellow or gold color. If the fence is going to be black or a dark gray and the cement is going to be a grayish color, I think the yellow or gold color just really makes it pop and makes it memorable. So, I'm -- I will go for short and gold. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Robert or Brian, when this project was first proposed a couple years ago what was the estimated cost at the time, do you guys recall? Simison: Madam Mayor, Councilman Cavener, there was never an estimated cost. We never got this far into the discussion. Last year when -- based on some very rough stuff when we pulled it out of the budget we were expecting at least a hundred thousand was what the anticipated budget amount was going to be. Cavener: Okay. And since we are in the business of offering our two cents, to no surprise I disagree with the previous recommendation. I like the long version. I think it welcomes to our community. I'm impartial on color. You know, I think the -- the gray Meridian City Council November 25, 2014 Page 18 of 33 would stand out well against the black fencing. I think the gold would stand out. I wouldn't have any issues. But that's just my two cents as well. De Weerd: Yeah. You just wanted to prove Robert right. We were just going to bring one, so we wouldn't have a three -three discussion. Rountree: You can break a tie. f)a Waarr♦• Arlriifinnal rlicrviccinn9 Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I do prefer the gold color. I like both versions. I think that the long version is more grand and it is kind of like an open door. But I like both of them as far as that goes. But in reference to what Councilman Bird said, I still -- it seems that having -- looking into a different type of metal, if it is less -- if it saves a lot of money, whether it's aluminum or the fence is some kind of steel, well -- but we are being sold stainless steel that's coated, it seems like a waste of money when it could be some type of steel also -- maybe galvanized steel or, you know, something else -- if it's going to be coated and totally covered, I don't think that that really matters or would make something rust. So, I kind of -- I do kind of question that -- that -- I don't know if it's a salesperson or, you know, the company that's doing it or -- but I do kind of have a question about that with them. Thanks. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I actually do prefer the shorter version. I think it is less busy. I'm not sure -- I'm not sure I follow the long version across bridge. I'm not particularly found of the gold color. Not that I dislike gold, but it's going to get dirty. So, the lighter you get the more debris it's going to retain, if you will. Splashing across the bridge and et cetera. So, I'd caution on the light colors. De Weerd: Even the stainless, Mr. Rountree? Rountree: The stainless -- if you went with the stainless it's -- it's going to do what it does, it's going to corrode to some degree and that could maybe be helped along with some chemical applications, but I understand the reason why the stainless. You don't want electrolysis to occur and the corrosion on the fasteners and have that art fall off on the traffic. Nor does the state. Bird: Madam Mayor? Meridian City Council November 25, 2014 Page 19 of 33 De Weerd: Mr. Bird. Bird: The electrolysis should go away once you powder coat it. We have -- I helped bring powder coating to Boise, Idaho, with -- in the aluminum industry and I have never seen -- I have never seen powder coating wear off if it's applied rightly and once it's coated there is no -- there is no way you can get electrolysis and, besides, stainless steel and aluminum, if you used aluminum, will not do electrolysis. Now, if you used a galvanized that would if they got together -- if they got -- over 30 or 40 years it could have some problems there, but I iust think that ctainlacc ctael i¢ an awfi d avnpnciva Chinn to nnuvAar nnnt Simison: Madam Mayor, Members of the Council, here maybe might be my suggestion, because, you know, we can take these comments back and Brian can work with the fence company and see what the options are. We were provided aluminum costs on this, which is cheaper, but they didn't provide us the cost of what it would take to make it effective in terms of powder coating or whatnot. But what I'm hearing right now, based on the information is approximately 55,000 dollars would meet the minimum expectations of what I'm hearing from Council and what I would propose is us bring back a budge amendment for that amount next week where we can continue to work with the company on the options based upon what we have heard. De Weerd: I think tonight we just need to know if we -- we want to move forward and we can bring the budget amendment next week to solidify the direction and perhaps the tie I need to break. Simison: And that amount would be for the short version -- a short design that would be fully treated with stainless steel. That would be our highest cost that we have seen of 55 for that type as a maximum and, hopefully, would be less as we work with the company. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I for one think go ahead and work, bring it back. Fifty-five -- not to exceed 55,000. 1 would be fine with that. Simison: And what I have -- I know that others have asked me to ask for more, just to make sure that we have contingency. I'm fine with 55. If we find out for some reason that those change orders go up more I will be back based on that information once we get it to the right point, but I think that's where we would want to start. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Robert, you made a comment -- remind me if my recollection is correct. Was there an item for this expenditure in our -- in our budget plan that we adopted in August? Meridian City Council November 25, 2014 Page 20 of 33 Simison: No, there was not. It was initially something that was being proposed, but based on where we were in the budget process it was never brought forward for consideration -- Borton: Okay. Simison: -- at that point in time, so -- Borton: It wasn't in the binder -- I thought I recall like seeing it and, then, it went away. Did it even get into the binder and the discussion -- maybe not in the discussion, but the preliminary budget that was going to include this cost, but, then, in the conclusion of the budget was removed? Simison: To my knowledge it never made it into the binders. There was initial discussion -- Borton: Okay. De Weerd: There was an initial discussion. We didn't know the direction that Council would go on a couple of different items and because we did have the savings we did set that money aside. It is not earmarked for any particular expenditure. Borton: Okay. Madam Mayor, do we have a tie? Is it three two or -- I support what makes it three three. Simison: I have only heard one -- I have only heard one person for the long version at this point. Milam: I like the long version. Borton: Then I like the long version. Bird: It's a generation difference. The three youngsters and -- Milam: I think that it's going to be there for 40 years. I'm just saying. Cavener: And being that we are a community of young families, I'm just saying -- Bird: Don't forget us old -- De Weerd: Well, I'm just saying the shorter version is less expensive and more affordable, so -- Simison: Thank you. Meridian City Council November 25, 2014 Page 21 of 33 De Weerd: I think, Council, you have given direction to come back next week with a budget change order not to exceed a 55,000 expenditure, so that gives staff some parameters and when it comes back as the short version, powder coated, that's what we will have. Unless you want to expend more. Okay. So, we will have that discussion next week. And we will look for your -- your motion and -- yeah. Unanimous would be nice. Milam: Madam Mayor? rlo 1A/oorrl- Nlre RAilom Milam: Though if we could get a less expensive metal, powder coated to not rust -- Cavener: Same price point -- Milam: We could get those longer ones for the same price as the shorter one. De Weerd: Staff will come back with whatever options can fit within the price parameters. Without any design change or -- so anyway. They have enough information to go on. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing Continued from November 5, 2014: 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 B. Public Hearing Continued from November 5, 2014: 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: Item 8-A is under Action Items. It's a public hearing continued from November 5th on AZ 14-011 and Item 8-B is a public hearing continued also from November 5th on PP 14-013. 1 will turn this over to staff. Oh, well, we have got the -- Freckleton: They brought me off the bench. Meridian City Council November 25, 2014 Page 22 of 33 De Weerd: Okay. Freckleton: Madam Mayor, Members of the Council, this item, as you stated, was continued from your previous meeting. A brief recap of the application. It is an application for annexation of 86.06 acres with the R-8 and R-15 zoning districts and preliminary plat was also submitted concurrently consisting of 318 building lots, two multi -family lots and 42 common lots on approximately 85.9 acres of land. The overall gross density in the nmiPe4 is d RQ arras __ nr d FQ rlurallinn nni4e ner arra rnncicf=nf Wifh the hAr1R designation. Per Council's direction at the November 5th hearing the applicant was to provide supplemental documentation addressing the following concerns of the Council. Item number one was high groundwater in the vicinity. Item number two was the timing for the construction of the five foot wide detached sidewalk adjacent to North Black Cat Road and number three was to provide more details related to the future multi -family development and incorporating the proposed multi -family developments within the marketing materials of the Jump Creek project. Following that meeting staff did meet with the applicant and their geo tech engineer and civil engineer to discuss the aforementioned items. Based upon the discussions the applicant has provided the additional information for Council's consideration and those things should be in your packets. Item number one, the applicant has provided a sample of elevations and pictures for the multi -family portion of the development. Item number two. The applicant has consented to the sidewalk construction, interim and permanent, with the first phase of the development and timing for the construction per the recommendations of the commission. Item number three, that applicant has agreed to disclose the multi -family development as part of the overall marketing scheme for the Jump Creek development. And item number 4, the applicant has provided a separate memo detail -- detailing the meeting outcome with staff and the recommended measures going forward for monitoring groundwater levels on the property and recommendations for eliminating water in crawl spaces in the future. We do have several people here tonight to speak to this. We have the applicant and his geo tech engineer. We have also Ryan Head, representative from Ada County Highway District, to address any questions that might come up regarding transportation in the area. So, with that I would stand for any questions. De Weerd: Thank you, Bruce. Council, any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to make comment? Noriyuki: Madam Mayor, Council, Scott Noriyuki, Northside Management, 6810 Fair Hill Drive, Boise, Idaho. Thank you. I'm happy to be back. Bruce did a good job of itemizing the five items or predominately the four, but the fifth item would be time for Council to review the traffic study. With that said, Bruce did a good job. We concur with everything and/or are confident with the supplementary information we provided and I will stand for any questions. Meridian City Council November 25, 2014 Page 23 of 33 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can elevations be put up? Freckleton: You want to run through those, Scott? Nnrivuki• Ahsnhrfaly Freckleton: They are on the presentation. Noriyuki: Which elevations are you specifically -- Borton: The multi -family. Noriyuki: Oh, the multi -family? Bruce, we can do one of two things. Did you get my -- I'm assuming -- Freckleton: I have got the photographs -- Noriyuki: You have the photography as well? Oh. Okay. Thank you. So, if you will, we have got our architectural rendering. Just predominately 2D. How do I advance? Freckleton: The lower left corner there should be an arrow. Noriyuki: So, what I'm showing you is a project recently completed in Boise, which is called Union Square off of Overland in the Maple Grove area. Very successful project. The rendering gives you an architectural feeling, but I felt it more appropriate to show you the actual craftsmanship and the materials. So, if I could just kind of pan these, I want to point out typically an apartment complex or a four-plex or a multi -family lacks in color, architecture, modulation, and quality of -- most importantly product, if you will. So, if I -- and you can see where I have zoomed up, so that Council can have a good flavor for the large timbers, the cultured stone, the hardy board siding, the multi colors, even the lighting, if you will, as well as the powder coated railings. It's a beautiful project. Here is some other aspects, if you will. I think the lower right-hand corner probably does some of the best justice. The architecture is pretty vast on all four sides. There is nothing that's flat or blank on any aspect of these structures. This -- I'm sorry. I'm sure not how to go back. Thank you. At this point this is our best representation of what our intent and our vision is. But please understand that this is not the first phase of our project. We need to -- as we all know, we need to get through the first potentially second or third phase. At that point where demographically and the pressure and the market dictate this, but this is our vision. We have been successful with this particular project and, in fact, we have got a similar one that's currently under construction on State Street and Bogart, which is in north -- northwest Boise. So, it's a tried and true product and we are very pleased with it. Meridian City Council November 25, 2014 Page 24 of 33 De Weerd: Thank you. Noriyuki: Thank you. De Weerd: Council, any questions? Bird: I have none. Nnriunki- Thnnkvnii De Weerd: Thank you. I did have a couple of people that did sign up to indicate their position on this. When I call your name if you would like to offer testimony, please, come forward at that time. Shawn Brownlee signed up for. Bob Arnold signed up for. Good evening. Arnold: Madam Mayor. My name is Bob Arnold, I'm the geo technical engineer for the project and I just wanted to make myself available for any soils or ground water related questions or inquiries. I have -- well, I'm in Boise, Idaho, also. And I think you have got some submittals that I turned into the -- our joint meeting with the staff. To summarize it, my position is -- and we don't have a high groundwater problem on -- on this parcel. We had a couple years of monitoring wells reading that indicates the groundwater during the height of the irrigation season this year was between six and seven feet below the existing ground surface. But more importantly we are dealing with a development team, in particular Trilogy Development, that that's what they hire me for. As a geo technical engineer they hire me to address the question of -- of what's in or below the ground surface that's going to cost them money at a later date. So, typically I'm asked specifically to address a few issues. Number one, design and pavement section. Number two, how do we dispose of storm water. High groundwater affects that. Number three do we have high groundwater and, number four, do we have some sort of geo technical obstruction or cost associated with the property. So, that would be bedrock or, perhaps expansive clays, things that -- we would more likely see expansive clays on the property than we would see bedrock. If we were further to the south we might get down onto bedrock. So, that's what I'm hired to do and that's what I generate an original -- an initial geo technical report that consists of digging test pits or drilling borings and when we are done we install monitoring wells, so that we can monitor the groundwater for submittal purposes, because ACHD requires a year's worth of groundwater monitoring where we reflect a seasonal high and a season low for the storm water disposal system. So, that's where I have been involved in this project. As my paperwork also indicates that I have done quite a few projects in this vicinity and as I stated, it's my position that we don't really have a high groundwater problem on this property and the water is -- the only concern is disposal of storm water and that's being addressed by the civil engineer in the method he's choosing to dispose of storm water. Are there any specific questions? De Weerd: Council, any questions? Bird: I have none. Meridian City Council November 25, 2014 Page 25 of 33 De Weerd: Any from staff? We have stamped -- engineered stamped certified plans; right? Bird: Yep. De Weerd: Okay. Arnnlri- Thank vnn De Weerd: Thank you. Mike Watts, signed up as neutral. Good evening. If you will, please, state your name and address for the record. Watts: It's Michael Watts. I live on McMillan Road, 4376 West McMillan De Weerd: Thank you. Watts: Here in Meridian. And I am right on the bottom of the -- I'm on the northeast corner in the Black Cat Estates. We all have five acre subdivision lots there and we all irrigate. Our concerns are the widening of the Black Cat and McMillan Road and the borrow pits that have been used for live water and wastewater and to make sure those are addressed and that the -- wanted to know about curbing, sidewalk, bike lanes, on the widening of the roads in our area and the impacts of traffic in our area, too. De Weerd: Thank you. Well, we will ask them to address that. Watts: Okay. Thank you. De Weerd: Thank you. Paul Poorman. Thank you for joining us. If you will, please, state your name and address for the record. Poorman: I'm Paul Poorman. Address 5230 North Black Cat, Meridian. De Weerd: Thank you. Poorman: And Madam Mayor, Members of the Council, I was here a couple weeks ago and talked about some concerns that were not answered by Scott Noriyuki. First is we have a shared lateral between our property and the development property and I would like a -- some kind of a statement from the developer is saying that they will share the maintenance of that lateral with me and I don't want to -- I don't expect to be doing it all myself. I would expect that they would share that -- that work. The second thing is I would like to know when we would get our water, if we would have maybe one day a week or what the allocation between their water use and our water use would be. The good thing is we are upstream from them, so if we want the water we can turn them off, but I'd like to have some kind of an official agreement on that, so we don't start fighting over the water. And, then, I do have a little concern -- I heard your engineer mention about the Meridian City Council November 25, 2014 Page 26 of 33 water table height. I guess we have a -- we have a basement and we have three sump pumps that run pretty much all -- all the time in the summer to keep the water out of our basement and the basement is only about five feet deep. If we didn't have those pumps the basement would be flooded. So, I'm a little concerned about the -- the date on that water table height, because we live out there and we are there 24 hours day and we know that if we didn't have those sump pumps we would have flooding. And the last thing I wanted to mention is that there is a deep drain ditch -- and I don't know if I can point on here. Is this in here? Hopefully -- over here is a drain ditch and -- well, that goes -- oh -oh. INP11 that nnPc nrrncc Rinrk (nt Rnnri -- Holman: Sir? Over here. If you push -- on the top of that board you will see buttons that are colored, so, then, I think there is red and blue. Poorman: Okay. Holman: If you push -- push the red button to show color on the top of the board above the screen. Poorman: I don't see any buttons up there. Holman: The very top row. Poorman: Oh. Oh. Okay. Holman: Now, you can -- now the pen will color in red where ever you -- Poorman: Oh. Okay. Okay. So, this here -- Holman: Here, let me help you. Poorman: I just want to draw a line on that right there. Holman: It's not working. Poorman: Glad I'm not the only one. Holman: Sorry about that. Freckleton: I might be able to -- to kind of highlight it with the cursor. Poorman: Yeah. He's got it on the -- the cursor there. So, that's a drain ditch and right where that crosses Black Cat, where the cursor is now, there has been several times in the last several years that we had floods right there where the ditch goes across Black Cat Road and the reason is is that that ditch where it flows north on Black Cat from where the cursor is, it's filled in with mud and dirt from all the farm fields and we pretty much have to go in and scoop that ditch out every year or so and if they tile that ditch in with pipe, I want Meridian City Council November 25, 2014 Page 27 of 33 to know how they are going to keep the mud out from plugging up that pipe. So, that's -- that's all. De Weerd: Okay. Thank you. Gayle Poorman. Okay. Thank you. Is there anyone else who would like to provide testimony? Okay. I will ask the applicant to respond to the questions that were raised. Noriyuki: Madam Mayor, Council, Scott Noriyuki with Northside for the record. I will try to nn fhrniinh fha rnmmanfe nnfannrinnllw if vnn will Tha fimf niiaafinn IA/nQ %Aiifh raenanf fn Black Cat widening. Of course within our property and phase specific per the ACHD staff report and Meridian's conditions of approval, we will convey any and all required right of way and we will provide any improvements or widening that's required. The next item as far as borrow ditch and/or drainage, that's encompassed within those requirements and they will be appropriately constructed and dealt with. Curb, gutter, sidewalk. That's equal and actually the sidewalk is furthered by the City of Meridian planning department and the preliminary plat that there is a detached sidewalk and we will be constructing that. As far as traffic impacts, the traffic study was conducted by Six Mile Engineering and with the contemplation of The Oaks North and South project, as well as COMPASS requirements, globally in projection and the impacts will be addressed on a phase by phase basis for both The Oaks, as well as Jump Creek. So, each time either one of us record a plat, prior to recording the secondary plat we have to update the traffic study. So, those trigger points and those improvements are addressed appropriately. The next item I want to jump into is with respect to Paul Poorman's question regarding the shared lateral. Yes, he is absolutely correct that it is a user's ditch and that user ditch is -- provides water to both he as well as our property. We do have a responsibility incrementally. We also have motivation, because we need water as well for our irrigation, but at his request I am making a statement that, yes, we will naturally pay our pro rata share towards any kind of maintenance to insure conveyance to his property and ultimately our property. I do want to point out that there is some -- also some opportunities to potentially divert our point of diversion, which could be somewhere in the neighborhood of Black Cat and McMillan. We -- ultimately we are going to work with Paul and we are going to do the right thing, because we need water just as much as he does. With respect to water use timing, that's also important. We need to collaborate and figure out what that is. That's a broader question, not only between the Poormans and ourselves, but also with the irrigation district and just kind an analyzing and breaking everything out. I think that can be ratified at the point of the final plat routing and the final plat submittals, but that it is important and I respect it. The next item I want to address that Paul had, his concerns as far as the water table. I do want to point out that his property -- his particular yard and his home is lower -- significantly from the center line of Black Cat Road, which naturally is going to create an issue. The vast majority of the Jump Creek project, it has a higher elevation and also we contemplate where the natural drainage course is. However, if there are continued questions I have my geo technical engineer here and I'd happily divert any specifics to him to give you a level of confidence. The last item is drainage concerns that Paul had brought up. I think that's fair and I think that's right. Naturally we are going to take on any -- any historical drainage that comes onto our property, as well as drainage with -- within our property we are going to appropriately deal with it through the final plat Meridian City Council November 25, 2014 Page 28 of 33 process and the engineering. We -- we will do the right thing. With that said I will happily stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Scott, if you would clarify your comments about your involvement on Black Cat Road. You said you -- you would do all the widening that was necessary. Was your intent of that statement that you would do all the widening on your half of Black Cat or are you going to be rebuilding the intersections and the roadway in the vicinities of your access points? Noriyuki: Good question. To be very clear, we -- through the course of annexation we are required to convey right of way. The physical improvements will transpire on a phase -by - phase basis. A final plat by final plat basis incrementally. There is one caveat when we talk about off site improvements or intersection improvements, those through the traffic impact study, as well as the ACHD requirements, those transpire at a trigger point that is shared by both The Oaks and Jump Creek and at phase one of Jump Creek we are not required to do anything aside from the phase specific improvement. However, at phase two and prior to signature of that we have to update the traffic study, which will not only contemplate Jump Creek, but all of the surrounding area and any improvements or phases that The Oaks has done. And once we hit that point, we -- when I say we, that's -- that's The Oaks developers, Jump Creek, and anybody else for that matter in that area, when that trigger point is hit, then, those improvements have to come about. I hope that was as clear as -- Rountree: So, how do you handle the right of way requirements that are not necessarily under your jurisdiction? Noriyuki: ACHD is handling that Rountree: So, you're going to be partnering with ACHD on these projects -- Noriyuki: Potentially if -- in the event that our -- one of our future phases triggers those off-site improvements, yes, then, we would partner or collaborate with ACHD. Otherwise, it may be The Oaks if they proceed more rapidly than us. Rountree: Thank you. Noriyuki: Thank you. Meridian City Council November 25, 2014 Page 29 of 33 De Weerd: Okay. Any other questions? Bird: I have none. Noriyuki: Thank you. De Weerd: Thank you. Rnrtnn• Mariam Mavnr? De Weerd: Mr. Borton. Borton: Mr. Arnold is here and there were comments about groundwater across the street, so to the extent there is anything that you can add that might not have been said, the neighbors might benefit from hearing it, too. De Weerd: If you will just restate your name for the record. Arnold: It's Bob Arnold and my firm is Site Consulting. As far as what I know about the groundwater in the immediate area of the project is that I did the original preliminary report for the developer of The Oaks in '06 and so I have some experience on The Oaks property and on the holdings for that developer, which are both at the southwest corner of this intersection, as well as to the west of the proposed Jump Creek property. I have also worked for Brighton further to the north and for Bridgetower further to the east. So, as far as right here in this concentrated area, as part of my research I spoke with -- well, I did part of the inspection during construction of Oak Creek. I was on phase one, phase two, and phase four during construction and actually observed the installation of the sewer. Spoke to all the contractors that installed the sewer to find out what their dewatering requirements were. The shallowest they indicated the groundwater was during the dewatering for sewer installation was five feet and as deep as it was was 14 feet. And that was all done during the irrigation season. I also spoke with Mr. Doug Ness with Ness Crawlspace. He's the guy that installs sump pumps in crawl spaces to evacuate water and he indicated that he -- he is installing systems in Oak Creek and he is injecting the water into injection wells that he's excavating in the yards that are going eight feet deep and not finding water. So, clearly he is not taking groundwater out of these crawl spaces, he's taking misdirected surface water out of these crawl spaces, which is either irrigation water or storm water, which should have been addressed during development and construction, but, unfortunately, once it gets there now you got to fix it and that's what Mr. Ness does is fixes it. So, I would certainly understand if the gentleman has water in a basement five feet deep on the northeast corner of this intersection, because like he -- Scott indicated, that subdivision is a little bit lower and having done a quality control and the trunk line, it travels from north of here on Black Cat all the way across the field north of Black Cat Estates over to the Bridgetower project. We did all the quality control and testing on that and they were pumping the water continuously to install that sewer and lots of water, especially on the sewer that was going in at 20 feet deep. So, I recognize that there is groundwater issues and problems that people have had in the area, but I do not Meridian City Council November 25, 2014 Page 30 of 33 foresee them happening on this project. Some of the things we have discussed with the civil engineer is, number one, holding our grades up higher, whereas if you drove past and watched during construction of the subdivision to the south, they cut the streets in, they rolled the material out of the street sections up onto the lot, but when you put fill on lots the code says you have to compact it, but when you compact fat and lean clays, you create a surface that can't be penetrated by water. Okay. Especially if you are putting fill in two or three feet deep. And that's what the homes in The Oaks are sitting on is structural fill that was placed during the subdivision development. It's our goal to keep our fill-, thinnar -,n tha fnunrfafinn-, Prfiinlly nanafrnfa fha fill anrd Inra nra siffinn fniinrintinns nn native soils that are not overcompacted or over consolidated to the point of lowering the permeability of percolation rate. So, that's one of the things we -- we have discussed. We have also discussed working with the principal builder and just making sure that he's aware of the situation, that we are taking good, sound construction practices during the construction of the homes and grading lots and that all the drainage issues are addressed. My son's in-laws live in Oak Creek and have water in their crawl space and he recognizes that it's -- it's storm runoff coming off the roof, coming off the berm that surrounds his property on two sides and if he doesn't keep track of his personal sprinklers, it puddles in the backyard and if it puddles in the backyard it ends up in his crawl space and, then, Mr. Ness assists and pumps it out into the front yard. So, I have looked into it. I do not foresee any problems on this property and I think any concerns we have is maintaining the proper clearances for storm water disposal, which are being address through the civil engineer and his best management practices for storm water disposal. Did I answer your question? Borton: You did Arnold: Okay. Borton: Thank you. De Weerd: I appreciate the -- and, then, some. That was important. Correct? Borton: Very helpful. Arnold: Anything else? Thank you. De Weerd: Thank you. Okay. Council, anything else needed from staff or the applicant? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further discussion, I move that we close the public hearing on Items 8-A and B. Bird: Second. Meridian City Council November 25, 2014 Page 31 of 33 De Weerd: I have a motion and a second to close the public hearing on Items 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? DP WPPrd- Mr RnuntrPP Rountree: I move that we approve Item 8-A, AZ 14-011 with staff comments and applicant's comments included in the annexation documents. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A with the inclusion of the new information that was submitted for this hearing. Any discussion from Council? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-13, the preliminary plat 14-013, subject to staff and applicant comment. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. 14-1632: An Ordinance (AZ 14-008 Shallow Creek Subdivision) for the Annexation and Rezone of a Parcel of Land Meridian City Council November 25, 2014 Page 32 of 33 Being a Portion of the NW 114 NW 114 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-15 (Medium -High Density Residential District); and Providing an Effective Date Approved De Weerd: Item 9-A is Ordinance 14-1632. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1632, an ordinance AZ 14-008, Shallow Creek Subdivision, for annexation and rezone of a parcel of land being a portion of the northwest one quarter of the northwest one quarter of Section 17, 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 from RUT to R-15, Medium High 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 the reading of this ordinance. Anyone who would like to hear it read in its entire? Rountree: Frank would. De Weerd: No. He wants to go home. Mr. Bird. Bird: Seeing how Frank don't want to hear it or Ralph, I move we approve Ordinance No. 14-1632 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Any items to consider under Item 10? Meridian City Council November 25, 2014 Page 33 of 33 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under maybe our workshop in January, we need to take a look at our ordinance regarding parking of recreational toy -- toys, whatever you want to call them and using your property as a sales lot and evidently people are going by the existing law that you mnvP It thrPP nr fntlr fP.Pt P.vP.ry Cn nftPn and it'52 nknv RI It win nPPli fn #akin n lnnk nt that and see. We had a complaint coming into the Mayor's office today and -- De Weerd: It's not the first either. Bird: I know it, Tam. But -- so, I think that's something that -- maybe in January if you and Mr. Rountree would put that in the back of your mind we maybe could look at that. Rountree: You don't want to put it there. De Weerd: Brother. Okay. Rountree: We will keep that up front. De Weerd: Okay. Anything further? Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:30 P.M. (AUDI _ E OF THESE PROCEEDINGS) MAYOR T F.11 aucG �t �s o� JAYt;"MAN, CITY CL SEAL 7<a u4 / `) /Iq DATE APPROVED Item #8A & B: 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 and preliminary plat was also submitted concurrently consisting of 318 building lots, 2 multi -family lots and 42 common lots on approximately 85.9 acres of land. The overall gross density for the project is 4.59 dwelling units to the acre consistent with the MDR designation. Per the Council's direction at the November 51h hearing, the applicant was to provide the supplemental documents addressing the following concerns of the Council: 1) High groundwater; 2) The timing for the construction of the 5 -foot wide detached sidewalk adjacent to N. Black Cat Road; and 3) Provide more details related to the future multi -family development and incorporating the proposed multi- family developments within the marketing materials of the Jumpereek project. Staff met with the applicant, the applicant's Geotech Engineer and Civil Engineer to discuss the aforementioned items. Based on the discussion, the applicant has provided the additional information for Council's consideration: 1) The applicant has provided a sample elevation for the multi -family portion of the development; 2) The applicant has consented to the sidewalk construction (interim and permanent) with the first phase of development and timing for the construction per the recommendation of the Commission; 3) The applicant has agreed to disclose the multi -family development as part of the overall marketing scheme for the Jumpereek development; 4) The applicant has provided a separate memo detail the meeting with Staff and the recommended measures going forward for monitoring groundwater levels on the property and recommendations for eliminating water in crawl spaces in the future. The additional items have been included in the Council's packet. Notes: Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of November 5, 2014 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of November 12, 2014 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of November 18, 2014 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM TITLE: APPROVE MINUTES ITEM NUMBER: PROJECT NUMBER: Approve Minutes of November 18, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION FBI DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF TASK ORDER WWTP Approval of Task Order 10460.e to Brown and Caldwell for the "WASTEWATER TREATMENT PLANT CAPACITY ASSESSMENT" Project for a Not -To -Exceed Amount of $72,183.00 MEETING NOTES Pr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 11/20/2014 Re: November 25h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 25th City Council Consent Agenda for Council's consideration. Approval of Task Order 10460.e to Brown and Caldwell for the "WASTEWATER TREATMENT PLANT CAPACITY ASSESSMENT' project for a Not -To -Exceed amount of $72.183.00. Recommended Council Action: Award of Task Order 10460.E to Brown and Caldwell for the Not -To -Exceed amount of $72,183.00. Thank you for your consideration • Page 1 TASK ORDER NO. 10460.e Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (CITY) AND BROWN AND CALDWELL (ENGINEER) This Task Order is made this _ 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 AND CALDWELL, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10460.e is as follows: CITY OF MERIDIAN WWTP CAPACITY ASSESSMENT Project Understanding This Scope of Work covers the Consultant and City of Meridian (City) activities that will occur during the wastewater treatment plant (Plant) Capacity Analysis Project. The primary objective of this investigation is to determine the maximum capacity of the treatment plant while satisfying permit requirements, operational and maintenance requirements, and reserve capacity needs. Another objective is to identify the capacity bottlenecks in the plant and prioritize improvements. These improvements may include changes in operating characteristics, construction of new units, and/or removal of bottlenecks. The project analysis and recommendations will be a collaborative effort between the City operations and engineering staff with Brown and Caldwell (BC). Project Objectives The objectives of the Capacity Analysis Project include the following: 1. Establish the capacity of the plant operating as designed, with all units in service. 2. Establish the Idaho Department of Environmental Quality defined firm capacity with the largest of each type of process unit out of service. 3. Determine reserve capacity to accommodate growth or industries. 4. Prioritize processes for optimization, upgrade, and the incremental capacity gains achieved with each modification. The project will include the following tasks: • Task 10 — Project Management Task 20 — Gather Plant Performance and Background Data Task Order 10460.e W WTP Capacity Assessment Page 11 Brown and Caldwell • Task 30 — Solids Mass Balance Analysis Task 40 — Establish Process Objectives Task 50 — Plant Hydraulic Profile Analysis • Task 60 — Primary Sedimentation Analysis • Task 70 — Biological Process Evaluation Task 80 — Secondary Clarifier Evaluation • Task 90 — Solids System Evaluation • Task 100 — Disinfection System Evaluation • Task 110 — Systems Integration and Plant Capacity Report Scope of Work Task 10 — Project Management Objective. To manage, administer, and provide ongoing coordination for utilization of resources for the project. This task includes technical and financial management of the contract and liaison with the City, operational staff, and project team. Approach. 1. All communication from the Consultant regarding the project will include the City project manager (PM) or designee. The City PM will be responsible for coordinating and providing all review comments and the resolution of all issues to the Consultant in a timely manner (typically fourteen (14) calendar days for design review); all other decisions will be provided to the Consultant within seven (7) calendar days or less. Consultant PM will be responsible for drafting meeting minutes. 2. Consultant will document any and all requested changes to the scope of work using a Project Change Request form. The Consultant PM will collaborate with the City PM to develop an approach for addressing the change(s). The City PM will review all changes for approval and provide the Consultant with written approval prior to modifying the existing scope, schedule, and budget and prior to proceeding with any new or unscoped work activities. 3. Attend up to five (5) coordination meetings with City staff. 4. Prepare a Field Work Safety Plan to guide field activities during the investigation. City Responsibilities. Provide the following: 1. Identification of a PM with final authority for City decisions. 2. Timely review of products and decisions on issues critical to scheduled progress. 3. Identification and involvement of appropriate City staff. 4. Coordinate collection of comments and resolution of any conflicting comments from all City reviewers prior to returning to the Consultant. Work Products. Deliverables for the tasks listed above include the following items: 1. Monthly progress reports and invoices 2. Field Work Safety Plan Task Order 10460.e W WTP Capacity Assessment Page 12 Brown and Caldwell Task 20 — Gather Plant Performance and Update Background Data Objective. Collect plant performance data, service area planned flows and loadings, operating data and plant configuration information to identify additional data needs and conduct plant capacity analysis. Organize the data to facilitate systems analyses. Approach. 1. BC will gather the following data from the City: — Historical operating data for the past three (3) years, including daily monitoring reports and any additional available data. (This has been obtained and needs to be updated based on daily records.) — The most recent set of facility flow and loading projections, including specific industry contributions. — Plant design data, including drawings, equipment submittal documents, product data, and relevant reports; plans, and studies. (This has been obtained.) 2. Prepare a sampling plan for sampling performance of the primary sludge fermenter and for spot sampling of the influent and effluent to confirm that the previous wastewater characterization (completed in 2011) is still relevant. If confirmatory sampling shows differences in current plant influent from previous plant influent, prepare a sampling plan for a 14 -day wastewater characterization to be conducted at the Plant. The purpose of the wastewater characterization is to understand the Plant's unique influent composition and to assess performance of various unit processes within the Plant. Ultimately, the wastewater characterization data will be used to calibrate the biological process models in Task 70. 3. Hold a workshop to discuss the sampling and to distribute responsibilities between BC, the City, and contract laboratories. 4. Coordinate the conduct of the sampling, providing direction to City staff regarding sampling times and locations. City Responsibilities. 1. Provide daily historical operating data for the past three (3) years. 2. Provide the most recent set of facility flow and loading projections. 3. Provide access to Plant design data, including drawings, equipment submittal documents, product data, and relevant plans and studies, upon request. (Much of this has been done.) 4. Review and comment on the wastewater characterization sampling plan. 5. Participate in the wastewater characterization workshop. 6. Collect samples, as required. 7. Send samples to contract laboratories for analysis, as required. 8. Conduct laboratory analyses, as required. Assumptions. 1. Plant historical data, flow and loading projections, and design data will be transmitted in electronic format when possible. 2. The City will either conduct laboratory analyses in house or will contract directly with a send -out laboratory to conduct analyses. Shipping and analytical costs are not included in this scope of work. Task Order 10460.e W WTP Capacity Assessment Page 13 Brown and Caldwell 3. City staff will conduct sampling and preserve, store, organize, and assemble samples for shipping and/or analyses. Work Products. 1. Wastewater sampling plan Task 30 — Solids Mass Balance Analysis Objective. Understanding how solids are inventoried, accumulated, and consumed in the liquid and solids stream processes is important in understanding the capacity of the whole plant. The mass balance also helps to identify, assess, and correct uncertainties or inconsistencies in the Plant data record. Approach. 1. Construct solids mass balance based upon historical data and data obtained during the wastewater characterization in Task 20. 2. Assess mass balance closure across various Plant unit processes in order to determine data gaps, irregularities, or inconsistencies in the data record. 3. Investigate mass balance irregularities and suggest follow up sampling and/or equipment assessment, as needed. 4. Use calibrated mass balance to project system loadings for use in the following tasks. City Responsibilities. 1. Support the mass balance analysis through phone and/or email conversations, limited supplemental sampling, and providing equipment data, as needed. Task 40 — Establish Process Objectives Objective. Collaboratively develop process objectives and evaluation criteria for conducting the capacity analyses. Approach. 1. One (1) workshop will be held with City staff to identify process criteria, including the following: — Planning period and assessment timeframes — Effluent performance target (single target will be established for analysis for each season) — Seasonal differences in Plant operation or effluent performance targets (up to two seasons) — Number of units in service/out of service to meet specific demands — Additional operational considerations or scenarios of interest, including the following: • Capacity for nitrification • Capacity for nitrogen removal • Capacity for phosphorus removal City Responsibilities. 1. Attend and participate in workshop Task Order 10460.e W WTP Capacity Assessment Page 14 Brown and Caldwell Task 50 — Plant Hydraulic Profile Analysis Objective. Estimate the plant hydraulic profile and energy grade -line for liquid stream using the PROFILE program calibrated to field conditions. Identify system bottlenecks through computer simulations and field observations. Approach. 1. Conduct field reconnaissance and review Plant data. 2. Construct a hydraulic model of liquid stream unit processes. 3. Calibrate the hydraulic model to field conditions. 4. Observe field conditions during high flow event in 2015. 5. Identify hydraulic bottlenecks. 6. Summarize findings and prepare recommendations. City Responsibilities. 1. Provide operating schemes for each unit process including operating levels and typical recycle rates. 2. Conduct water surface elevation measurements as needed. Task 60 — Primary Sedimentation Evaluation Objective. Evaluate the performance of the primary sedimentation system to remove BOD and TSS and estimate the effect on downstream processes. Approach. Using the results of the previous tasks, conduct statistical evaluations of past plant data and wastewater characterization data to develop a spreadsheet model of unit process performance. This model will be used to project loadings to the secondary process. 1. Statistically correlate historical TSS and BOD removals with hydraulic and mass loading 2. Develop primary sedimentation performance model to project loadings to secondary process Task 70 — Biological Process Evaluation Objective. The primary focus of this task is to identify the maximum biological treatment capacity, with respect to current permit requirements, and criteria established in Task 40. Approach. This task will involve using an existing calibrated model for the Plant to project Plant performance across a range of flow and loading scenarios. The investigation will determine the capacity of the biological process. 1. Use existing calibrated BioWin activated sludge process model, updated if necessary using data collected in Task 20. Wherever possible, we will collect data that will be compatible with calibrating the SUMO simulator. 2. Use the calibrated models to simulate performance across a range of flows and loads, for up to a maximum of four (4) different operating conditions. The conditions will be decided upon in Task 40 and may include the following variables: — Seasonal condition: summer, winter — Effluent target condition: existing permit, future permit, ammonia removal, phosphorus removal Task Order 10460.e W WTP Capacity Assessment Page 15 Brown and Caldwell — Units in service: primary clarifiers, aeration basins, secondary clarifiers, fermenter 3. The models will be used to project a suite of Plant parameters, including effluent characteristics, effluent loadings, secondary clarifier loadings, WAS flow and loadings, and RAS flows. Task 80 — Secondary Clarifier Evaluation Objective. Estimate the capacity of the secondary clarification system through historical data analysis and calibration of a state point analysis (SPA) model. Approach. The Plant's historical data will be used to calibrate a state point analysis model. The SPA model is a graphical approach to determining secondary clarifier capacity. The model depends upon flow, mixed liquor settleability (characterized via the sludge volume index [SVI]), clarifier surface area, and RAS flow rate. The model does not account for unique clarifier geometry including center wells, launders, depth, or energy dissipating inlet structures. 1. Determine the design mixed liquor settleability condition through an analysis of historical settleability (SVI) data. 2. Develop a correlation between the SPA model and historical clarifier operating conditions. Generic correlations determined at other Plants and published in the scientific literature may be used if the historical data does not include episodes of failure or near -failure conditions to calibrate against. 3. Use the calibrated SPA model, in concert with the biological model outputs from Task 60, to project the capacity of the secondary clarifiers. Assumptions. 1. No sampling or on-site testing will be conducted as part of this task. 2. SPA model calibration will be based on a combination of historical data analysis and correlations published in the scientific literature. Task 90 — Solids System Evaluation Objective. Determine the capacity of the solids handling treatment processes, including DAFT, two- stage fermentation, digestion, and dewatering. Approach. Solids system capacity will be evaluated through analysis of Plant historical data and manufacturer's rated capacities of unit processes. I. Evaluate historical performance of the solids system unit processes through analysis of historical data, including solids loading rates, hydraulic loading rates, polymer use, capture rates, volatile solids destruction (for the digester) and cake thickness. 2. Evaluate the capacity of the centrifuge using manufacturer rated capacity. Assumptions. 1. No sampling or on-site testing will be conducted as part of this task Task 100 — Disinfection and Tertiary Filtration System Evaluation Objective. To assess the performance and identify capacity limitations within the tertiary filters and disinfection system. Task Order 10460.e W WTP Capacity Assessment Page 16 Brown and Caldwell Approach. 1. Review plant performance data for the existing tertiary filters and disinfection system. 2. Review vendor specifications for tertiary filters and specific disinfection process equipment. Task 110 — Systems Integration and Plant Capacity Report Objective. Combine the information from all above tasks to form an integrated assessment of the plant capacity and bottlenecks. Develop a prioritized list of improvements to maximize existing plant capacity. Approach. 1. Conduct sensitivity analyses comparing component performance. Analyze and compare plant performance against equipment/design data. 2. Prepare a prioritized list of bottlenecks and develop composite rating diagrams establishing the plant capacity. This scope of work does not include developing cost estimates for the identified improvements. 3. Provide the City with recommendations for expanding Plant capacity and optimizing Plant performance. 4. Prepare draft Plant Capacity Report. 5. Review results and the draft report with City staff at a workshop. 6. Amend report based on City comments and prepare a final Plant Capacity Report. City Responsibilities. 1. Review and comment on the draft Plant Capacity Report. 2. Attend a workshop to discuss the draft Plant Capacity Report. Work Products. 1. Five copies of the draft Plant Capacity Report. 2. Five copies of the final Plant Capacity Report. REIMBURSABLE EXPENSES The estimated travel expenses are based on the following: Task 40 Travel — Airfare: two people @ $400 per round trip ticket — Meals and incidentals: two people at per diem rate for two days ($46/day, $34.50/day on travel days) — Lodging: two people for one night at per diem rate ($83/night) — Rental Car + gas = $80/day Task 110 Travel — Airfare: two people @ $400 per round trip ticket — Meals and incidentals: two people at per diem rate for two days ($46/day, $34.50/day on travel days) — Lodging: two people for one night at per diem rate ($83/night) — Rental Car + gas = $80/day Task Order 10460.e W WTP Capacity Assessment Page 17 Brown and Caldwell TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 2014 and resulting in Final Report being completed by April 2015. A NTP issued on a different date will change the schedule accordingly. Due Date 20 ;' Gather Plant Performance and Background Data Aril 2015 $6,570 (labor) 36 - Solids Mass Balance Analysis Aril 2015 $2,320 (labor) 4Q Establish Process Objectives April 2015 $3,800 (labor) $1,184 (expenses) 50 '' Plant Hydraulic Profile Analysis Aril 2015 $10,200 labor 60 Primary Sedimentation Analysis Aril 2015 $1,920 (labor) Biological Process Evaluation Aril 2015 $11,560 (labor) 80 Secondary Clarifier Evaluation Aril 2015 $2,320labor Solids System Evaluation Aril 2015 $2,320(labor) Disinfection Svstem Evaluation April 2015 $1.960 (labor) Systems Integration and Plant Capacity Report April 2015 $21,300 (labor) $1,184 (exoem The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10460.e is seventy two thousand one hundred eighty three dollars ($72,183.00). 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. End of Text. Signatures to follow on next page. Task Order 10460.e W WTP Capacity Assessment Page 18 Brown and Caldwell Signature Page Task Order 16460.e WWTP Capacity Assessment Brown and Caldwell CITY OF MERIDIAN ';i e, MMY RD,MAYOR Dated: //-a?5- N BROWNe CALDWELL Dated: 11 :' 1 (+— Approved by Council: A6 p 25 f,Zq JAYCEE V HOLMAN, CITY CLE K, SE&L Al Purchasing Approval Del BY: BY: KEIT ATTS, Purchasing Manager WA City Project Manager Clint Dolsbv Task Order 10460,e WWTP Capacity Assessment Brown and Caldwell STEWART, Engineering Manager Dated: / 1 Page I9 Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: APPROVAL OF TASK ORDER WWTP Approval of Task Order 10521.a to CH2M Hill Engineers, Inc. for the "WASTEWATER TREATMENT PLANT PLC UPGRADE" Project for a Not -To -Exceed Amount of $237,352.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Emily Skoro Date: 11/20/2014 Re: November 25"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 25"' City Council Consent Agenda for Council's consideration. Not -To -Exceed amount of $237,352.00. Recommended Council Action: Award of Task Order 10521.a to CH21V! Hill Engineers, Inc. for the Not -To -Exceed amount of $237,352.00. Thank you for your consideration. • Page 1 E IDIAN-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer II DATE: November 10, 2014 Mayor Tammy de Weerd City Coundl Hemberlr Joe Borton HeRh Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10521.a FOR THE WASTEWATER TREATMENT PLANT -AERATION PLC UPGRADE WITH C112M HILL FOR A NOT TO EXCEED AMOUNT OF $237,352.00 I.RECOMMENDED ACTION A. Move to: Approve Task Order 10521.a with C112M HILL for the WWTP Aeration PLC Upgrade Project, for a not -to -exceed cost of $237,352.00. 2. Authorize the Mayor to sign the agreement. H. 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 John McCormick, Deputy Director of Public Works 489-0372 III. DESCRIPTION A. Background At the City of Meridian's Wastewater Treatment Plant (WWTP), the existing programmable logic controllers (PLCs) are approaching their end of life, and do not allow for full integration into the Supervisory Controls and Data Acquisition (SCADA) system. Therefore, the WW Division needs to upgrade more than 10 PLCs that make up the control network within the WWTP. The PLC replacement Page I of 3 projects include the design, purchase, programming, and installation of new logic controllers to replace the existing process Logix 500 based PLCs and control panels. The new PLCs will leverage existing and new technology to enhance current functionality, reduce future application development time, and allow automated maintenance procedures. B. Prouosed Project CH2M Hill will provide services that allow the City of Meridian WWTP to convert the existing Aeration PLC hardware and software to the City's standard Allen Bradley Control logix and Wonderware Archestra platform. There are two phases specified in the proposed task order. The first phase is the design phase which will investigate the current system setup and hardware at the WWTP and develop biddable construction drawings. The second phase is to update all the software for the PLC, HMI, WIN911, and Historian programming. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants, their programming and integration expertise and their familiarity with the Meridian Wastewater Treatment Plant. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Fiscal Impact: Project Costs Phase 1 and Phase 2 —Aeration PLC Upgrade $237,352.00 Project Funding Plant PLC Replacement (FYI 5) (3590-94300) $237,352.00 VI. TIME CONSTRAINTS Council's approval will allow this project be completed as scheduled in fiscal years 2015 and 2016. VII. LIST OF ATTACHMENTS A. Task Order No. 1052 La. Page 2 of 3 Department Approval: Page 3 of 3 TASK ORDER NO. 10521.A Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL ENGINEERS, INC. This Task Order is made this 25th 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 CH2M HILL ENGINEERS, INC., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 7a) between the above mentioned parties dated September 18, 2012. The Project Name for this Task Order 10521.A is as follows: CITY OF MERIDIAN WASTEWATER TREATMENT PLANT - AREATION PLC UPGRADE PROJECT UNDERSTANDING The following Scope of Services describes the services that will be provided by the ENGINEER to convert the existing Aeration PLC hardware and software to the City's standard Allen Bradley Control logix and Wonderware Archestra platform. The Aeration PLC system consists of 3 control panels located in the Aeration Electrical Room, plus remote flex 1/0 panels located Primary Clarifier 4, Primary Clarifier 5 and at the Aeration Electrical Distribution Panel. The work will be completed in 2 phases. Phase 1: 1 Design will include drawings that can be issued to a contractor for construction. A construction cost estimate will also be included. Phase 2: Software will include software planning, development, testing and startup. Task Order 10521.s WWTP-AREATION PLC UPGRADE Page 1 of 12 CH2M HILL ENGINEERS, INC. SCOPE OF SERVICES Task Order Administration Engineer shall manage, coordinate and lead Engineer's Team's activities and perform administration of the task order execution and quality reviews. Activities include contract administration, project accounting, Health &Safety Plan preparation, project documentation, monitoring progress, change management, periodic invoicing, and closeout. The effort associated with these functions is based on a thirty-five (35) week duration from City -issued notice -to -proceed for completion of the tasks described herein. Phase 1- Design To convert the system to the owner standard hardware platform, the existing equipment requires modification. The extent of the required modifications will be determined during the design phase of the project. ENGINEER shall provide the following services: • Provide field investigation of existing conduit and cabling between the field mounted flex 1/0 modules and the control panels. Note: An owner supplied electrician may be required to assist with the investigation to determine the best solution for these locations. • Develop pre -design report summarizing the field investigation notes and explaining the design approach. • Provide design review meetings with the owner at the 50% and 90% design. • Develop biddable construction drawings including bill of material lists and notes required to complete the construction. • Develop implementation plan including impacts to operation, construction sequence, and software installation sequence. • Provide Services During Construction (SDC) o Assist Owner with Bid Walk through and project description o Review Submittals and answer Contractor questions Deliverables • Pre -design report • Biddable Construction Drawings o 1 Cover Sheet o 1 Legend Sheet o 1 1/0 network block diagram o 3 panel layout drawings o 2 panel external wiring diagrams o 2 panel internal power wiring diagrams o 16 1/0 module wiring diagrams Task Order 10521.s WWTP -AREATION PLC UPGRADE Page 2 of 12 CH2M HILL ENGINEERS, INC. o 2 flex 1/0 replacement wiring diagrams • Record Drawings • Implementation plan • Construction cost estimate Updated project schedule Details Panel SABB1-PLC-1A contains One Allen Bradley Control logix PLC and 4 slot rack. This panel was installed with the blower controls upgrade in 2012. No hardware changes are anticipated. The existing PLC program will be re -used, with additional logic added to replace the control functions currently provided by the SLC platform shown in figures 2 and 3. Figure 1: Panel SABB1-PLC-1A Task Order 10521.s WWTP -AREATION PLC UPGRADE Page 3 of 12 CH2M HILL ENGINEERS, INC. Panel SABB1 PLC0001 contains One Allen Bradley SLC 13 slot remote 1/0 rack with 8 1/0 modules and 1 remote 1/0 scanner module. We anticipate replacing only the 1/0 rack and modules in this panel. Internal wiring and terminal strips shall be reused. Figure 2: Panel SABB1 PLC0001 Task Order 10521.s W WTP - AREATION PLC UPGRADE Page 4 of 12 CH2M HILL ENGINEERS, INC. REPLACE RE -USE Panel SABB1 LCP0006 contains One Allen Bradley SLC and 10 slot rack with 8 1/0 modules and 1 remote 1/0 scanner module. We anticipate replacing the entire back panel and all internal wiring, terminal strips and components in this panel. Figure 3: Panel SABB1 LCP0006 The approach for updating the 3 phase of the project. Currently v field panels, and hardwiring the electrical room. We anticipate Distribution Panel flex 1/0 with an REPLACE BACKPANEL AND DEVICES. RE -USE FIELD WIRING remote flex 1/0 modules will be determined during the design fe anticipate removing the clarifier flex 1/0 modules from the signals back to one of the 1/0 racks located in the blower replacing the communication module on the Electrical Ethernet communication module. Task Order 10521.s WWTP - AREATION PLC UPGRADE Page 5 of 12 CH2M HILL ENGINEERS, INC. Phase 2 — Software Task 2.1 - Existing Aeration System Software To complete the system conversion the PLC and HMI software applications will be updated to Owner standards. ENGINEER shall provide the following services: • Software Planning o Lead a one day workshop at the project site with City staff to review the existing process control approaches that are to be replicated by the system upgrade. This information shall be used as the basis for developing process narratives and detailed loop descriptions documenting the automated monitoring and control functions. o Lead one half-day workshop at the project site with City staff to review and finalize the process narratives and detailed loop descriptions. • PLC Programming: o Program existing Aeration PLC to consolidate of functions agreed upon during the software planning. o Investigate the following undocumented PLC code with City staff to determine functions that will need to be duplicated. ■ Ladder File 2; main routine ■ Ladder File 3; scaling ■ Ladder File 9; sludge blanket ■ Ladder File 11; aeration basin 1 air flow valve ■ Ladder File 12; aeration basin 2 air flow valve ■ Ladder File 21; basin 1 mixers ■ Ladder File 22; basin 2 mixers ■ Ladder File 23; basin 3 mixers ■ Ladder File 24; basin 4 mixers ■ Ladder File 27; secondary clarifier 5 • HMI Programming: o Create new process graphics, control pop -ups, trends and alarming for the systems. o Modify the existing Wonderware Intouch graphics that are affected by the process modifications. o Lead one half-day telephone workshop with the City for review of draft HMI graphics. The City's comments will be incorporated prior to the factory software demonstration test. Task Order 10521.s WVVTP - AREATION PLC UPGRADE Page 6 of 12 CH2M HILL ENGINEERS, INC. • Win 911 Programming: o Modify existing Win911 software for dial -out alarms associated with the project. • Historian Programming: o Update Historian tags currently linked to the Aeration SLC processor to the new control logix PLC tags. • Software Testing: o Execute offsite testing to confirm that the PLC, and HMI programs are ready for site acceptance testing. o Lead a Factory Software Acceptance Test (FSAT) workshop to demonstrate that the PLC and HMI programs are ready for site acceptance testing. The test will be conducted by CH2MHill programmers for demonstration to City staff that the software functions operate as defined in the final software loop descriptions. o Execute Site Acceptance Testing (SAT) to confirm that the new automated monitoring and control functions operate as defined in the loop descriptions. • Final Documentation o Provide a software operation manual to instruct operators how to use the control system graphics for system operation. Includes screen shots of the new and revised HMI graphics, written operating instructions, PDF copy of the final control narratives, PDF copy of the final loop descriptions, and PDF copy of the final test documentation. Deliverables • Written process narratives • Detailed software loop descriptions • Software test documentation forms for signature by a City representative authorized to witness and approve successful test completion. • Updated Wonderware HMI application • Updated Historian tag database export • Final PLC program • Updated Win911 program Task 2.2 - Aeration DO and Blower System Software To incorporate the aeration basin air flow control valves (6 per basin), basin DO control loops (2 per basin), revise the aeration blower header pressure controls, and aeration blower sequence the PLC and HMI software applications will be developed. All software will be developed to Owner standards. ENGINEER shall provide the following services: Task Order 10521.s WWTP - AREATION PLC UPGRADE Page 7 of 12 CH2M HILL ENGINEERS, INC. • Software Planning o Lead up to two days of workshops at the project site with City staff to review the existing process control approaches that are to be replicated by the system upgrade. This information shall be used as the basis for developing process narratives and detailed loop descriptions documenting the automated monitoring and control functions. o Lead one half-day workshop at the project site with City staff to review and finalize the process narratives and detailed loop descriptions. • PLC Programming: o Program aeration basin FCV, DO, header pressure and blower PLC to functions agreed upon during the software planning. • HMI Programming: o Create new process graphics, control pop -ups, trends and alarming for the new systems. o Modify the existing Wonderware Intouch graphics that are affected by the process modifications. o Lead one half-day telephone workshop with the City for review of draft HMI graphics. The City's comments will be incorporated prior to the factory software demonstration test. • Win 911 Programming: o (completed as part of task 2.1) Historian Programming: o Develop Historian tags for the new control logix PLC tags. • Software Testing: o Execute offsite testing to confirm that the PLC, and HMI programs are ready for site acceptance testing. o Lead a Factory Software Acceptance Test (FSAT) workshop to demonstrate that the PLC and HMI programs are ready for site acceptance testing. The test will be conducted by CH2MHill programmers for demonstration to City staff that the software functions operate as defined in the final software loop descriptions. o Execute Site Acceptance Testing (SAT) to confirm that the new automated monitoring and control functions operate as defined in the loop descriptions. • Final Documentation o Provide a software operation manual to instruct operators how to use the control system graphics for system operation. Includes screen shots of the new and revised HMI graphics, written operating instructions, PDF copy of the final control narratives, PDF copy of the final loop descriptions, and PDF copy of the final test documentation. Deliverables Task Order 10521.s W WTP - AREATION PLC UPGRADE Page 8 of 12 CH2M HILL ENGINEERS, INC. • Written process narratives • Detailed software loop descriptions • Software test documentation forms for signature by a City representative authorized to witness and approve successful test completion. • Updated Wonderware HMI application • Updated Historian tag database export • Final PLC program • Updated Win911 program REIMBURSABLE EXPENSES Reimbursement will NOT exceed the limits allowed under the US General Services Administration Per Diem Rates for the Boise area. Transportation (Pre -approved by Project Manager): All travel must be by the most economical means practical. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed the cost of uninterrupted travel. Airline: Consultants will only be reimbursed for coach or economy class rates. Rental Cars: A vehicle is only allowed with prior authorization by the City Project Manager. Mileage: Mileage to and from consultants office and airport may be reimbursed if incorporated in any associated task order. Task 1 • The estimated expenses for the base scope are based on the following: o Travel — Airline: 1 round-trip o Travel — Rental Cars: 1 day onsite and 2 total to/from airport o Travel —Lodging: 1 nights o Travel —Meals: 2 days Task 2.1 • The estimated expenses for the base scope are based on the following: Task Order 10521.s wWTP - AREATION PLC UPGRADE Page 9 of 12 CH2M HILL ENGINEERS, INC. o Travel — Airline: 5 round-trip flights o Travel — Rental Cars: 11 days onsite and 10 total to/from airport o Travel — Lodging: 14 nights o Travel — Meals: 14 days Task 2.2 • The estimated expenses for the base scope are based on the following: o Travel — Airline: 5 round-trip flights o Travel — Rental Cars: 15 days onsite and 6 total to/from airport o Travel —Lodging: 24 nights o Travel —Meals: 24 days ASSUMPTIONS • Field instruments and devices shown on the Aeration Basin Control Improvement drawings are assumed to be accurate. • Control functionality shall be as identified during software workshops. The functionality shall be reviewed with the Owner for schedule and budget impacts before proceeding. • The Owner will provide the following items following notice to proceed: o Complete, tested and ready for software installation of the Aeration Basin Control Improvements. o The AB Control Improvements software will not begin onsite testing until 100% of the AB Control Improvements hardware as shown on the drawings have been installed, tested and finalized by the installation Contractor. • PLC programming for this project will be done remotely from the site. • PLC modifications are based upon the 1/0 shown on Aeration Basin Control Improvement drawings. Produced by CH2M Hill Engineers, Inc. • The software programming effort for Control logix PLC is based on the use of the ENGINEER'S existing add-on instructions (AOIs) similar to those used on the Fermentation project. • HMI programming for this project will be done remotely from the site. Programming will be done in a similar fashion as the WWTP Fermentation programming and the City of Meridian HMI programming standards. • New HMI graphics will be developed using Wonderware System Platform Objects similar to those used on the Fermentation project. • Win911 modifications will add a limited number of new alarms based on new PLC programs. Task Order 10521.s W WTP - AREATION PLC UPGRADE Page 10 of 12 CH2M HILL ENGINEERS, INC. • The total effort for onsite software testing includes up to 23 person days at the site. Onsite software testing will not begin until system readiness testing has been successfully completed by the City and authorization to proceed issued to ENGINEER. System readiness means that all wiring is complete and tested, field instrumentation is calibrated and operational, phase rotation has been confirmed on all 3-phase powered rotating machinery, all required manufacturer's startup service is complete, and local manual control of all equipment has been confirmed. • City staff will be available for coordination and assistance during software testing. ENGINEER will use software test documentation forms for signature by an authorized City representative (similar to those used for previous work executed at the WWTP by ENGINEER). TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 2014 and resulting in task order completion by June 2015. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation Task Order Administration ovember 2014 through June 2015 . $9,600.00 1 Design November 2014 through January 2015 • $37,500 (labor) • $970 travel expense) 2.1 Existing Aeration System Software January 2015 to April 2015 • $83,000 (labor) • $6,171 travel expense) 2.2 Aeration DO and Blower System Software January 2015 through June 2015 • $92,650 (labor) • $7,461 travel expense TASK ORDER TOTAL $237,352.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10521.a is Two hundred thirty-seven thousand three hundred fifty-two dollars ($237,352.00). 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 10521.s W WTP - AREATION PLC UPGRADE Page 11 of 12 CH21VI HILL ENGINEERS, INC. CITY OF MERIDIAN NAME OF CH2 HILL ENGINEERS, INC. B 7 BY: TAMMY de RD, MAYOR Dated: //- Z5 -d Approved by Council: jlod5 Dated: O 00 oma, CITY CLER '✓ ' " �u a u o�' Purchasin Approval 9°, SF�� D@v a Appro I BY: BY: KEIT ATTS, Purchasing Manager W REN STEW RT, Engineering Manag /��� City Project Manager Dated: / 9 / I �t Emily Skoro Task Order 10521.s WWTP- AREATION PLC UPGRADE Page 12 of 12 CH2M HILL ENGINEERS, INC. Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: APPROVAL OF PURCHASE ORDER WWTP Approval of Purchase Order # 15-0117 to Western States Automation for 16 Additional Rotork Actuators for the WWTP Aeration Basin Control Upgrade Project in the Not -To - Exceed Amount of $82,862.00 MEETING NOTES J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager . CC: Jacy Jones, Emily Skoro, Clint Dolsby Date: 11-19-2014 Re: November 25h City Council Meeting Agenda Item The Purchasing. Department respectfully requests that the following item be placed on the November 25, 2014 City Council Consent Agenda for Council's consideration. Approval of Purchase Order #15-0117 to Western States Automation for 16 additional Rotork Actuators for the WIMP Aeration Basin Control Upgrade Project in the Not - To -Exceed amount of $82,862.00. This PO is written against the IFB PW -15-10162.i that was received and opened on November 5, 2014. . Recommended Council Action: Approval of Purchase Order #15-0117 to Western States Automation for the Not -To -Exceed amount of $82,862.00 and authorize the Purchasing Manager to sign. Thank you for your consideration • Page 1 IDIANI-- VE, Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer II DATE: November 13, 2014 Mayor Tammy de Weerd City Council Nornberu Joe Barton Keith Bird Luhe Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PURCHASE OF 16 ROTORK ACTUATORS FOR THE WASTEWATER TREATMENT PLANT -AERATION BASIN CONTROL UPGRADES FY14 ENHANCEMENT NO. 4 FOR A NOT TO EXCEED AMOUNT OF $82,862.00 I.RECOMMENDED ACTION A. Move to: 1. Approve purchase of 16 Rotork Actuators for the WWTP Aeration Basin Control Upgrades FY14 Enhancement No. 4, for a not -to -exceed cost of $82,862.00. 2. Authorize the Mayor to sign the purchase requisition. II. 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 John McCormick, Deputy Director of Public Works 489-0372 III. DESCRIPTION A. Background At the City of Meridian's Wastewater Treatment Plant (WWTP), the current total air flow to each of the aeration basins are automatically adjusted by the header control valve upstream of the manual valves feeding four zones. The current air Page I of 3 LUT VI. VII. flow system does not let the operator individually control the air flow to each individual zone within the aeration basin which greatly reduces the overall air flow system efficiency. B. Proposed Project CH2M Hill has developed design plans to automate the flow valves on the aerobic/anoxic zones. By installing automatic valves in each necessary zone, the WWTP will be able to efficiently operate the aeration basins. The City has purchased 8 actuators for the Aeration Basin Control Improvements Construction Project. The design plan set specifies the installation of 8 actuators and calls out for the installation of an additional 16,actuators at a future time. The Public Works Department would like to purchase the rest of the required actuators for the aeration basins specified as "FUTURE" in the design plans. C. Consultant Selection C112M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Fiscal Impact: Proiect Costs Phase 1 -Purchase 8 Actuators for $41,556.00 Construction Project Installation -Complete Phase 2 -Purchase 16 Actuators for Future Installation 2 2. Total Cost: $124,418.00 Project Funding Aeration Basin Control Upgrades (FY 14) (3590-96101) $124,418.00 TIME CONSTRAINTS Council's approval will allow this equipment procurement to proceed and acquire the actuators by February 2015. LIST OF ATTACHMENTS Page 2 of 3 A. Bid No. PW-15-10162.I Actuators. B. Aeration Basin Control Itvement Design Plan Set Department Approval: Date Page 3 of 3 IDAHO PURCHASING DEPARTMENT 33 East Broadway Ave., Ste 106, Meridian, ID 83642 Phone: (208) 888-4433 ext 416 Fax: (208) 887-4813 INVITATION FOR BID BID NO. PW -15-10162.1 CONTRACT SPECIFICATIONS FOR: ACTUATORS BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. NOVEMBER 5, 2014 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE. STE 106 MERIDIAN, ID 83642 SUBMITTING BID NAME: Western States Automation ADDRESS: 335 N Steelhead Way Boise, ID 83704 PROJECT DESCRIPTION The City of Meridian is requesting bids for (ACTUATORS — See Attachment A) CITY'S REPRESENTATIVES Purchasing Representative Kathy Wanner, Buyer 33 East Broadway Ave Meridian, ID 83642 (208)469-0416 Fax (208) 887-4813 kwannendimerldtancity,ora Any and all explanations desired by a respondent regarding the meaning or Interpretation of this Invitation for Bid or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with "Additional Terms and Conditions (Bid Inquires). Violation(s) may be caused for rejection of the Bid. Dated: lujf 231jy, CITY OF MERIDIAN Kathy Wanne , Buyer GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDER Bid must be submitted on the form provided in this Invitation for Bid. All items shall be filled in and the signatures of all persons signing shall be written. Bids shall be delivered to the City Purchasing Department, 33 East Broadway Avenue, Meridian, ID 83642 prior to 2:30 P.M., NOVEMBERS, 2014. No oral, telephone, facsimile, telegraphic, emailed, or late submissions will be considered. Bids, received after said time will be returned unopened to the respective bidder. Emailed or faxed bids are not acceptable. Mistakes must be corrected and the correction inserted; correction must be initialed In Ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly Identified on the outside with the name of the vendor submitting the bid and the following: INVITATION FOR BID a) ACTUATORS b) Bid Number: PW -15-10162.1 C) Bid Opening Date: NOVEMBER 5, 2014 Bids shall be opened in public at 2:30 P.M. on said date. 2. Alternate bids will NOT be considered unless otherwise stipulated. 3. The City reserves the right to waive any Informalities or minor irregularities In connection with the bids received. 4. All provisions of the City code are applicable to any bid submitted or contract awarded pursuant thereto. 5. If equipment Is proposed, It Is to be newest and latest model In current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 6. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the most responsive bidder, subject to the right of the City to reject all bids, as It may deem proper In Its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension In writing with his bid. 7. If awarded the contract, the most responsive bidder agrees to deliver the equipment to the City per the terms of this Invitation for Bid. 8. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 4 ABOVE, THE CITY MAY NOT ACCEPT A BID FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. PW -15-10162.1 ROTORK ACTUATORS 3 of 8 ADDITIONAL TERMS AND CONDITIONS COST OF PREPARATION OF BID The City shall not pay costs Incurred In the bid preparation, printing or demonstration process. All such costs shall be borne by the Bidder. EXAMINATION OF CONTRACT DOCUMENTS The bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should a Bidder find discrepancies in, or omissions from, the specifications and/or drawings, or should he/she be in doubt of their meaning, he/she shall at once notify the City of Meridian Purchasing Department through written notification to be received no later than 3 working days prior to bid opening date, noon local time. The notification shall be in written form and will state the exact nature of the clarification sought, describing the location of the specification or clause in the Bid document. Any Interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addendum. The receipt of any resulting addendums must be acknowledged in accordance with the directions on the addendum. Oral explanations or instructions given before the award of the contract will not be binding. Written requests are to be directed to: Purchasing Representative Kathy Wanner, Buyer 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Fax (208) 887-4813 kwannerOmeridiancity.orq ADDENDA If this bid is modified by the Purchasing Office, the modifications will be sent to each Bidder of record in writing, either by fax, email, or mail. Verbal modifications are not binding on the City or the Bidder. No oral exchanges will be considered or acknowledged. Bidders must acknowledge each addendum received in their Bid Response. AWARD The City of Meridian reserves the right to make an award on any Item, group of Items in the aggregate to that/those lowest responsible contractors (s) whose bid (s) is/are most responsive to the needs of the City. DELIVERY OF EQUIPMENT: Equipment shall be delivered within 60 days after receipt of purchase order, FOB destination, Meridian Waste Water Treatment Plant, 3401 N Ten Mile Rd, Meridian, ID 83642. The company will deliver the equipment during City of Meridian business hours. INSPECTION/ACCEPTANCE: Prior to acceptance and upon delivery, the equipment will be Inspected by an authorized representative of the City of Meridian for proper workmanship, quality of appearance, proper functioning of all equipment and systems, and conformance to the minimum specifications. If it is determined by the City that the equipment does not meet the minimum specifications or that it has body damage, etc., the vendor will pick up the equipment within 96 hours and make the necessary corrections at the vendor's expense. Payment will not be made until corrective action is made, the equipment re- inspected and accepted by the City of Meridian. It will be the responsibility of the vendor to transport the equipment, make necessary repairs or corrections, and redeliver for re -inspection and acceptance. INFORMATION REQUIRED: The manufacturer will supply at time of delivery; complete operation and maintenance manuals covering the equipment as delivered. PW -15-10162.1 ROTORK ACTUATORS 4 of 8 C> QUANTITIES (Additions) The quantity specified is based upon current known requirements and is subject to increase within 365 days of contract award. Said increase will be governed by the same terms and conditions of this Invitation for Bid. WARRANTY / GUARANTEE Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements set forth herein. If it Is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, General Conditions and Instructions to Bidders, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Bidder's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents will form the basis of the purchase agreement upon award of the contract. All equipment, materials or services supplied by the Contractor/Bidder shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. NON -COLLUSION STATEMENT All bidders are hereby notified that, in the event a contract is awarded to a Bidder whose bid was made in collusion with other Bidders for the same equipment, the resulting contract is not enforceable against the awarding agency and may be vold by that agency. TAXES The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificate for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the contractor and are to be included in the Contractor's bid pricing. PUBLIC RECORDS The City of Meridian is a public agency. All documents in Its possession are public records. Bids are public records and, except as noted below, will be available for inspection and copying by any person. If any Bidder claims any material to be exempt from disclosure under the Idaho Public Records Law, the Bidder will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any informafion marked "confidential" by the Bidder, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Bidder upon request after the award of the contract It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Bid Is subject to potential disclosure. BID INQUIRIES Questions, in written form, regarding this bid should be sent to: City of Meridian, Purchasing Department, 33 East Broadway Ave., Ste. 106, Meridian, ID 83642, Attn: Kathy Wanner, '.kwanne ' meridiancity.orp, (208) 888.4433 x476. PAYMENT AND INVOICING Invoices shall be malled or delivered to: City of Meridian, Accounts Payable, 33 East Broadway Avenue, Meridian, ID 83642 PW -15-10162.1 ROTORK ACTUATORS 501`8 ROTORK ACTUATORS BID NUMBER PW -15-10162.1 PRICI G SCHEDUL E (PERATTrACHED SPECIFICA IONS—A+TTACHMENT A) DESCRIPTION QNTY UNIT AMOUNT EXTENDED ACTUATORS 8 Ea $5,194.50 $41,556.00 TOTAL BID $ 41,556.00 Total cost to Include all labor, material, equipment, freight, Insurance, travel, lodging, incidental, and applicable taxes F.O.B. Prices shall be submitted F.O.B. Destination. - 3401 N Ten Mile Rd, Meridian, ID 83642 Anticipated Delivery Date: 7 weeks after receipt of approved Purchase Order Certificate of Understanding The undersigned represents and warrants that the undersigned has reviewed and understands the plans, specifications and other documents, has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid,and the undersigned is satisfied with all conditions for performance of the work. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is Informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid Is prepared and submitted without collusion with any other person, business entity, or corporation with any Interest in this bid. I declare under penalty of perjury that the foregoing Is true and AUTHORIZED Theodore E. Hanson PRINT NAME Company Name Western States Automation DATE: 11/04/2014 All Addendums Must Be Acknowledged With Initials and Date Below, Failure To Do So May Deem Your Bid Response Non -Responsive. Bidder acknowledges Receipt of the Following Addendaq A- No.1 1llogl2ol4 No.2 No.3 No.4 DO NOT DETACH THIS SHEET - SUBMIT ENTIRE BID PACKAGE AS YOUR BID PW -15-10162.1 ROTORK ACTUATORS 6 of 8 ATTACHMENT A SPECIFICATIONS / SCOPE OF WORK A. 480 -Volt Electric Motor Actuators: 1. General: a. Shall be able to actuate existing 3" Center Line butterfly Valves. b. Comply with latest version of AW WA C542. C. Size to 1-1/2 times required operating torque. Motor stall torque not to exceed torque capacity of valve. d. Controls integral with actuator and fully equipped as specified in AW WA C542. e. Stem protection for rising stem valves. 2. Actuator Operation—General: a. Suitable for full 90 -degree rotation of quarter -tum valves or for use on multitum valves, as applicable. b. Manual override handwheel. C. Valve position indication. d. Operate from FULL CLOSED to FULL OPEN positions or the reverse in the number of seconds given in Electric Motor Actuator Schedule. e. Nonintrusive Electronics: Local controls, diagnostics, and calibration, including limit and torque switch settings, shall be accomplished nonintmsively. Electronic valve position display with capability to show continuous torque output. If applicable, provide two hand-held configuration units for every 10 actuators provided, two minimum. f. Actuator controls shall be suitable for 120V ac. g. Voltage source inputs to actuators shall be from valve actuator. Output voltage source shall be remote from valve actuator. 3. Modulating (M) Service: a. Size motors for continuous duty. b. Feedback potentiometer, or equivalent, and integral electronic positioner/comparator circuit to maintain valve position. C. HAND -OFF -AUTO (Local -Off -Remote) Selector Switch, padlockable in each position: 1) Integral OPEN -STOP -CLOSE momentary pushbuttons with seal -in circuits to control valve in HAND (Local) position. 2) 4 to 20 mA do input signal to control valve in AUTO (Remote) position. 3) Auxiliary contact that closes in AUTO (Remote) position. d. Valve shall close upon loss of signal, unless otherwise indicated. e. OPEN and CLOSED indicating lights. f. Ac motor with solid state reversing starter or do motor with solid state reversing controller, and built-in overload protection. Controller capable of 1,200 starts per hour. g. Duty cycle limit timer and adjustable band width, or equivalent, to prevent actuator hunting. I h. Valve position output converter that generates isolated 4 mA to 20 mA do signal in proportion to valve position, and is capable of driving into loads of up to 500 ohms at 24 volts dc. 4. Actuator Power Supply: a. 480 volts, three-phase, unless otherwise indicated. b. Control power transformer, 120 -volt secondary. 5. Enclosure: a. As defined in NEMA 250, Type 4, unless otherwise indicated. b. 120 -volt space heaters are required for all actuators installed outdoors. 6. Limit Switch: a. Single -pole, double -throw (SPDT) type, field adjustable, with contacts rated for 5 amps at 120 volts ac. b. Each valve actuator to have a minimum of two auxiliary transfer contacts at end position, one for valve FULL OPEN and one for valve FULL CLOSED. C. Housed in actuator control enclosure. 7. Control Features: Electric motor actuators with features as noted above, and as modified/supplemented in Power Operated Valve Schedule. 8. Manufacturers and Products: a. Rotork Controls; IQTM125 WT; Wiring Diagram 7010-100 PW -15-10162.1 ROTORK ACTUATORS 8 of 8 'O �O m am o0 zo mC-J �cn D -q S u C C'] gill V z ss� z H Fes, O 9�A55�9s'P I M 0000gaRa ae ��k � Lz1 €5515 5� N EWE. 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Ig .°� SECONDARY PUMP STATION FLEX 110 MODULE WIRING 1572 awawxo w Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: APPROVAL OF PURCHASE ORDER WATER METERS Approval of Purchase Order #15-0122 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not -To -Exceed Amount of $788,621.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dennis Teller Date: 11-18-2014 Re: November 25th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 25, 2014 City Council Consent Agenda for Council's consideration. Approval of Purchase Order #15-0122 for New and Replacement Sensus Water Meters to Fersuson Enterprises in the Not -To -Exceed amount of $788,621.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. Recommended Council Action: Approval of Purchase Order #16-0122 to Fersuson Enterprises for the Not -To -Exceed amount of $788,621.00 and authorize the Purchasing Manager to sign. Thank you for your consideration. 0 Page 1 C.i'VC E IDIAN�-- IDAHO CITY OF MERIDIAN SOLE SOURCE FORM Date: 10-25-2011 Item or Service: Water Meter and Readinq System Equipment PURCHASING MANAGER 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-8881433 Fax: 208-887-4813 Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. X Sole Brand: Various vendors can supply the specified model & brand, and Competitive bids will be solicited for the brand requested. JUSTIFICATION: (Attach additional pages if needed) The City made the decision to switch over to Sensus Automated Water Meters several years ago and by doing so greatly improved its water recording system by standardizing the radio frequency and communication between meters and reading software. This standardization reduced the amount of time needed to complete monthly reads and simplified data transactions required for the billing process. The Public Works Department has designated Sensus as the Sole Brand water meter and equipment supplier for the City in order to maintain this reading capability and avoid data transfer issues encountered with the mixing of multiple brands. The Public Works Department would like to extend the Sole Brand designation for fiscal years FY12-FY16. All purchases in subsequent fiscal years will be subject to budget approval by the City Council. Every distributor for Sensus Metering Systems is assigned a specific geographic territory in which they are allowed to sell Sensus products. They are prohibited from selling outside that assigned territory and risk being terminated as a distributor should they "sell or attempt to sell Sensus Products outside their Territory" which dictates a Sole Source for the supply of Sensus Water Meters. United Pipe and Supply, with their Idaho, Washington, Oregon and Alaska branches, is an exclusive distributor of Sensus Automated Meter Reading (AMR) and meter products for these regions. They are not permitted to sell outside of these areas and distributors from other states are not permitted to sell to customers within these boundaries. 'Please see attached the attached letter from Sensus Technologies which verifies the sole source designation. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical Information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. DEP TMENTAPPROVAL By: Rich Dees Council Approval date: tKArJ\Ie mbeN,- (i 301 Purchasing Approval: Z�/� ha ' anager 05-14-12;12:22PM; Erik Ongatad 2105 NE V' Street North Amarra Watar Renton, WAN M USA - ToMtary Managar To Whom it May Concern: This document is validation that Fer usonEnter rises as the only stn utor or the following: ME! T: 206-;91.1299 F: 425255.2M e4k o Qdad(Mcenwa.aom wwWxenew.eom L ` ens.us TF,ofv1aa51:ttl J!1�"i tit7r;o April 11, 2012 Sensus, USA—Raleigh, NC recognizes authorized full line Authorized Water State(s): WASHINGTON, OREGON, IDAHO and ALASKA in the following Counties: All Counties Please feel free to call me with any questions. Respectfully yours, Erik Ongstad Territory Manager # 4/ 4 FEI 1822 CF�C��/� KCS 452 NORTH LOCUST OROVERD.' Deliver To! eldon.enbyak@fargueon.com �,we� 67rAi MERIDIAN, ID 83642-0000 From: Aldon snbyak ..,,..VV Comments: 14:23:35 SEP 18 2014 FERGUSON WATERWORKS#1701 Price Quotation Page# 1 Phone: 208-855-2040 Fax : 20&855.2869 Bid No.......: e1B3453 Bid Date....: 09/17114 Cust 208-888-2191 Quoted By.: ALE Terms........: NET 10TH PROX Customer., CITY OF MERIDIAN Ship TO: CITY OF MERIDIAN 2235 NW 8TH ST 2235 NW 8TH ST MERIDIAN, ID 83646 MERIDIAN, ID 83848 CUSt POM ...: QUOTE TO CHIP HUDSON Job Name: 2015 ANNUAL CONTRACT Item Description Quantity Net Price UNI Total . SC41XXXXGIDAXX LF 4 OMC2 Mrr 10GPL1000G AMR 1 3099.110 EA 3089.11 ST41XXXXGIDAXX LF 4OMT2 MIT 10GPL 1000G AMR 1 2414.760 EA 2414.76 . SC21XXXXGl GAXX LF 2 OMC2 MIT 1GPL 1000G AMR 1 1419.840 EA 1419.84, ST2IXXXXG1GAXX LF 2 OMT2 MIT 1GPL 1000G AMR 1 999.810 FIC 999.81 SC11XXXXGIGAXX LF1-V2 OMNI C2 TRPL 1 M USG W/STRN 1 1231.680 EA 1231,68 ST11XXXXGIGAXX LF 1.5 OMT2 MIT IGPL 1000G AMR 1 841.360 EA 841.36 S13SBGLXX LF 3/4 IPERL 1 MG SM 6 3W 1 153.000 Flt 153.00 SSM80802239001 LF STRNR 1 IPERL 1 1.050 EA 1.05 SSM66502239001 LF STRNR 3/4 IPERL 1 0,970 EA 0.97 S14SSGLXX LF t IPERL I MG SM 63W 1 195.260 EA 195.26 S5396153752063AL M520R-D1-TC-TC-AL 2P PIT W A 1 169.330 EA 169.33 S53961537520DIAL M520R-CI-TC-X-AL IP PIT TC W -A 1 143.850 EA 143.85 SSM50535200009 CABLE TR IPERL 67 RPL 3WIRE SEN AY 1 26.830 EA 26.83. S5396353704404 SMPCL AY -COMMAND LINK SMART. POINT 1 486.670 EA 486.67 $5390733755003 RECVR & BRIT F/GPS ARS500 1 728.360 FA I' 728.36 S53963537522DIMI M520M-F1-TGX E MI 1P PIT W-ID/LD 1 148.460 EA 148.46 S5396353752203MI M520M-FI-TC-TC-E MI2P PIT TC W -IDI 1 169.470 EA 169.47 Net Total' $12219.81 Tax: $0.00 Freight: $0.00 Total $12219.81 Quoted prices are based upon receipt of the total quantity for Immediate shipment (48 hours). SHIPMENTS BEYOND 46 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or Increase of pricing due to causes beyond our control, and/or based upon Local, Stale and Federal laws governing type of products that can be sold or put Into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are Incorporated by reference and found either following this document, or on the web at http:/Iwolseleyna.cam/terms_condillonsSaie.htmi. Govt Buyers: All Items are open market unless noted otherwise. LEAD LAW WARNING: It Is Illegal to Install products that are not 'lead free" in accordance with US Federal or other applicable law In potable water systems anticsPclad for human consumption. Products with *NP In the description are NOT lead free and can only be Installed In non -potable applications. Buyer is solely responsible for product selection... City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Warty 3410 - Nater - Operations 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 798,621.00 785,145.16 9,475.64 1.194 TOTAL EXPENDITURES WITH 798,621.00 789,145.16 9,415.84 1.19% TRANSFERS OPERATING COSTS 52460 Nater Mecet. 0000 NON -DEPARTMENTAL 10472 New Capital Nater Meters 10600 New Replacement Nater Budget Neter. A.tual Total OPERATING COSTS Remaining DEPT EXPENDITURES 798,621.00 785,145.16 9,475.64 1.194 TOTAL EXPENDITURES WITH 798,621.00 789,145.16 9,415.84 1.19% TRANSFERS P.rrent of Budget with Current Year Budget Budget Amendments A.tual Remaining Remaining 798,621.00 0.00 799,621.00 100.00% 0.00 524.16 (524.161 0.00% 0.00 330,000.00 (330,000.00) 0.005 0.00 458,621.00 (450,621.00) 0.00% 798,621.00 789.145.16 9.475.84 1.196 798,621.00 785,145.16 9,475.64 1.194 TOTAL EXPENDITURES WITH 798,621.00 789,145.16 9,415.84 1.19% TRANSFERS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICE AGREEMENT Professional Services Agreement for Wellness Services with Kristy Swinney 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 PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES This PROD SIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES is made this —A' of tjhU ,, Jgj= , 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Kristy Sweeney, an individual person whose address is 1517 W. Euclid Avenue, Boise, Idaho (hereinafter "Massage Therapist') (collectively, "Parties"). WHEREAS, City and Massage Therapist are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Massage Therapist has specialized massage training, experience, and skill and is willing to dedicate such skill for the benefit of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Massage Therapist agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF MASSAGE THERAPIST. A. Scope of Services. Upon execution of this Agreement, Massage Therapist shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit,4 and incorporated herein by this reference. B. Term of Agreement. Massage Therapist shall perform services under this Agreement from October 1, 2014 through September 30, 2015. C. Compliance with laws and standards; licensing. Massage Therapist shall provide services under this Agreement consistent with the requirements and standards established by any and all applicable federal and state laws and regulations, including, without limitation, all licensing and other requirements established by the Idaho State Board of Massage Therapy pursuant to Title 54, Chapter 40, Idaho Code. Massage Therapist shall furnish a copy of her current State of Idaho Massage Therapy License to City within seven (7) days of execution of this agreement and shall notify City of any change in status as it pertains to such license. Massage Therapist represents and warrants that Massage Therapist will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Compensation. City employees shall pay Massage Therapist directly for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Massage Therapist. B. Method of payment. City employees shall remit payment to Massage Therapist for services rendered under this Agreement at the time service is provided. AGRFEMENT FOR WELLNESS MASSAGE SERVICES PAGE 1 OF 5 C. Taxes. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Massage Therapist. D. No additional compensation. Except as expressly provided in this Agreement, Massage Therapist shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. I1I. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Massage Therapist acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Massage Therapist and each and all of Massage Therapist's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby do, indemnify, save and hold harmless, release and forever discharge City and its agents and employees 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 Massage Therapist or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Massage Therapist's use. Massage Therapist accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each massage day and/or massage session. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Massage Therapist: Kristy Swinney Attn: Human Resources Director 1517 W. Euclid Avenue 33 E. Broadway Avenue Boise, Idaho 83706 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 2 OF 5 F. Assignment. Massage Therapist shall not assign or sublet all or any portion of Massage Therapist's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor. In all matters pertaining to this Agreement, Massage Therapist shall be acting as an independent contractor, and neither Massage Therapist nor any officer, employee or agent of Massage Therapist shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Massage Therapist understands, acknowledges, and agrees: 1. Massage Therapist is free from actual and potential control by City in the provision of services under this Agreement. 2. Massage Therapist is engaged in an independently established trade, occupation, profession, or business. 3. Massage Therapist has the authority to hire subordinates. 4. Massage Therapist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Massage Therapist nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. H. Termination. If, for any reason, Massage Therapist fails to fulfill in a timely and proper manner Massage Therapist's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Massage Therapist of such termination and specifying the effective date thereof, at least forty- eight hours prior to the effective date of such termination. Massage Therapist may terminate this agreement at any time by giving at least seven (7) days' notice to City. Upon termination of the Agreement, Massage Therapist's schedule shall be immediately cancelled and the Parties shall have no further dealing hereunder. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, termination of the Agreement shall not relieve Massage Therapist of liability to City for damages sustained by City by virtue of any breach of this Agreement by Massage Therapist. This provision shall survive the termination of this Agreement and shall not relieve Massage Therapist of liability to City for damages or the City's right to pursue legal remedy allowed by law. J. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 3 OF 5 K. Attorney fees. Should litigation commence 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. L. Discrimination prohibited. In performing services under this Agreement, Massage Therapist shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Massage Therapist shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. asp IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of Nnutyn6,l - 201, 4 MASSAGE CITY OF MERIDIAN: BY: L T d Weer 'M Mayor N 0 aycee L. Holman, City Clerk SPALL AGREEMENT FOR WELLNESS MASSAGE SERVICES orf °i rn n c �tV,e PAGE 4 OF 5 EXHIBIT A SCOPE OF SERVICES Duties: Massage Therapist to perform massage duties one day every other week, Thursday, 12:00 p.m. to 2:00 p.m., unless otherwise specified and mutually agreed upon by both parties. Compensation: None from the City of Meridian. City employees will pay the following rate for massage services: $8.00 per ten (10) minute interval(s). AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 5 OF 5 Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: LICENSE AGREEMENT License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Recreational Pathway Adjacent to the Ridenbaugh Canal in Reflection Ridge Subdivision No. 3 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: TEMPORARY CONSTRUCTION EASEMENT - THE OAKS Temporary Construction Easement for The Oaks - Harger 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 2014-095966 BOISE IDAHO Pgs=5 BONNIE 111261201410:26 AM MERIDIAN CITY NO FEE X0043607 01009 9 8006 00043607201400969890050062 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 95 day of Mov, 201 between Linda P. Harger, the parry of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sewer construction right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer lines are to be provided for through an underground pipeline to be constructed by others (CONTRACTOR); and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for a construction easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The temporary construction easement hereby granted is for the purpose of construction of sewer lines and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire thirty (30) days after the installation of the sewer lines and acceptance of said sewer lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after the sewer lines have been installed and accepted, CONTRACTOR shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. THE GRANTOR hereby covenants and agrees that she 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. Linda P. Harger Temporary Construction Easement THE GRANTOR hereby covenants and agrees with the GRANTEE that, should any part of the right-of-way and easement hereby granted separately become part of, or lie within the boundaries of, any public street, then, to such extent, this easement hereby granted which lies parallel to such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that she is lawfully seized and possessed of the aforementioned and described tract of land, and that she has a good and lawful right to convey said easement, and that she will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed her signature the day and year first herein above written. GRANTOR: in a . Harger Meridian, ID 83646 STATE OF IDAHO ) ss. County of Ada I ) On this l 1 f day of 201 before me, the undersigned, a Notary Public in and for said state, p sonally appeared L nda P. Harger, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set m hand and affixed my official seal the day and year first above written. ,1 . /I / / e Linda P. Harger Temporary Construction Easement NOTARY PUBLIC O AHO V Res ding at: Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy 0�>i0eerd, Mayor L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) h4o r'CHn n UCUy , v City of IDIANt6 mr.xo lerk i SEAL a On this aS day of Oweng , 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. �S? OT•g"+'• EAL) NOT Y UBS I� Residing at: �,� Commission Expires: '•: %� �l0 ,.OF VON Linda P. Harger Temporary Construction Easement (JNA J•U•a ENGINEERS, INC. EXHIBIT A THE J -U -B COMPANIES ®I "INDOOR NRPWNO GROUP INC. The Oaks Pressure Sewer Linda P. Harger Temporary Construction Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the northeast quarter of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence S00"27'22"W, 1113.00 feet along the east line of the northeast quarter of Section 33; Thence continuing 500°27'22"W, 264.00 feet along the east line of the northeast quarter and the boundary of the Harger Parcel of Quit Claim Deed Instrument Number 107030543, records of Ada County, Idaho; Thence N89°17'51"W, 957.00 feet along the boundary of the Harger Parcel; Thence S00"27'22"W, 219.48 feet along the boundary of the Harger Parcel to the POINT OF BEGINNING: Thence continuing S00"27'22"W, 12.95 feet along the boundary of the Harger Parcel to the north line of the Five Mile Drain; Thence N77°43'33"W, 60.94 feet along the boundary of the Harger Parcel and the north line of the Five Mile Drain; Thence 587°05'54"W, 302.00 feet along the boundary of the Harger Parcel and the north line of the Five Mile Drain to the west line of the northeast quarter of Section 33; Thence N00°28'22"E, 5.01 feet along the boundary of the Harger Parcel and the west line of the northeast quarter of Section 33; Thence N87°05'54"E, 341.90 feet; Thence S70°24'06"E, 20.98 feet to the POINT OF BEGINNING. The above-described easement contains 0.05 acres, more or less. Page 1 of 1 a 250 S. Beechwood Avenue Suite 201 Boise ID 83709 p 208-376-7330 i 208-323-9336 w www.jub.com Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: SANITARY SEWER EASEMENT - THE OAKS Sanitary Sewer Easement - The Oaks Gravity Sewer 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 2014-095967 BOISE IDAHO Pgs=5 BONNIE 11126/201410:26 AM MERIDIAN CITY NO FEE IIIIIIII III 11111111111111111111111IIIIIIII 1111 III 00040604201400959670050057 SANITARY SEWER EASEMENT 'r THIS INDENTURE, made this 2 day of ON , 2014 between New Oaks LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. The Oaks Permanent Sewer Easement2 C C r�'v1 h�) THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: New Oaks LLC Thomas M. Coleman, Manager STATE OF IDAHO ss. County of Ada S! ) On this � day of 14, before me the undersigned, allotary Public in and for said state, personallyjapp4ared Thomas M. Coleman, Jr., known or identified to me to be the President of Coleman Conities, Inc., a Delaware Corporation; the Manager of Coleman Homes LLC, an Idaho limited liability company; and the Manager ofNew Oaks LLC, an Idaho limited liability company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set Mand and affixed my official seal the day and year first above writtcw49056"ft r I i , , tyOTgR�, 7� Pu$L�G ±ATB- p Q The Oaks Permanent NOTARY PUBL FO Ij IDAHO Resi�ing at: l.,r Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy de )W96rd, Mayor v Ciry of �E TDIAN Jaycee L. Holman, City 'erk SEAT- p/ s Approved By City Council On: STATE OF IDAHO ) ss County of Ada On this Oe'� day of AmeM 6v/- , 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. Residing at: T—AUn Commission Expires: Tac 'o: ••9?E' OTJn)00i ••••.00 The Oaks Permanent Sewer Easement2 EXHIBIT A ��•� J -U -B COMPANIES A THE "WT + I INC. weia ® ; LGROUPANGO ®I INC. J'U•B ENGINEERS, INC. The Oaks Gravity Sewer New Oaks, LLC Permanent Easement Boundary Description Project Number 10-12-041 August 13, 2014 An easement situated in the northwest quarter of the northwest quarter of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southwest corner of the northwest quarter of the northwest quarter of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence N00"32'31"E, 563.50 feet along the west line of the northwest quarter of the northwest quarter of Section 33; Thence, at a right angle, S89°27'29"E, 25.00 to the east right-of-way line of North McDermott Road, the POINT OF BEGINNING: Thence, at a right angle, N00°32'31"E, 30.00 feet along the east right-of-way line of North McDermott Road; Thence, at a right angle, S89°27'29"E, 25.00 feet; Thence, at a right angle, 500°32'31"W, 30.00 feet; Thence, at a right angle, N89"27'29"W, 25.00 feet to the POINT OF BEGINNING: The above-described easement contains 750 square feet, more or less. EXHIBIT B a 0 I o I 0 E 589'27'29"E 25.00' o------------1 o o m 20 o! to of Ip Z C;f I M i i M SCALE IN FEET w� i3 �I jM MI j M S89'27'29"E z I 1 0 25_00' 1 POB I N -- N89'2T29'W 25.00' New Oaks 0 U) N W NW4 NW4 M N M O Z LANA G a 34 N 1/16 Corner y13� u`lq/ OS\ ey�� "`E"°' "� •"µ"ocywenBED D-EwPAsar°oEs swwxPawimxu"w. sue Pfl�c,wam w �� The Oaks Gravity Sewer, New Oaks, LLC SHEET LflVMENi OF PflRE°BIIXIK9E"NCE I9mEPRMERIV IF °E"°EI"EED,•UEETVSB i°°E°°m.WWB�Em (�B) Permanent Easement Boundary Description f°flaNY__p"°IERWIIMVFiMCFAnPE49 WF"IFN A°MOSEDU DSa SN.E ENmNEESS.n. °ESNN°V: Cd J "" Situated in the northwest quarter of the northwest quarter 1A-B ENGINEERS, INC OAll-=.--' of Section 33, TAN., R.1 W., B.M. Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: SANITARY SEWER EASEMENT - THE OAKS Sanitary Sewer Easement - The Oaks Pressure Sewer Easement 1 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 2014-095966 BOISE IDAHO Pgs=6 BONNIE 11/26/201410:26 AM MERIDIAN CITY NO FEE 11111111111111111IIIIIIII111111111111111111 VIII I III 00043603201400969660060067 SANITARY SEWER EASEMENT THIS INDENTURE, made this -2F day of 1��� , 2014 between New Oaks LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. The Oaks Pressure Sewer Easement A 1 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: New Oaks LLC Thomas M. Coleman, Manager STATE OF IDAHO J ss. County ofAda (I ) On this � day of 2014, before me the undersigned, a Notary Public in and for said state, personally ap ared Thomas M. Coleman, Jr., known or identified to me to be the President of Coleman Communities, Inc., a Delaware Corporation; the Manager of Coleman Homes LLC, an Idaho limited liability company; and the Manager of New Oaks LLC, an Idaho limited liability company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set and and affixed my official seal the day and year first above written., ,% " se% 07 (SEA rlp�-%OT:1 + IC p `� y NO �RY PUBLODAHO Residing at: (Cf Jr4 Ab 3 LNC' a Commission Expires. O OF The Oaks GRANTEE: CITY OF MERIDIAN Mayor L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) :x: County of Ada ) City of SERI. _�yfFp °/ Abe TRF RSUR�,Py On this �� day of Nove-yyl 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. Residing at: "e4-jCj 1 ctrl I Commission Expires: n The Oaks Pressure Sewer Easement 3 EXHIBIT A CJ•U-B J -U -B COMPANIES ®I TIN ®I max "Naa INC J•U•B ENGINEERS, INC. The Oaks Pressure Sewer New Oaks, LLC Permanent Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the north half of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence 500'27'22"W, 2631.60 feet along the east line of the northeast quarter of Section 33 to the east quarter -section corner of Section 33; Thence N89"18'39"W, 1318.42 feet along the mid-section line to the center -east sixteenth -section corner; Thence N00"28'22"E, 995.69 feet along the east line of the southwest quarter of the northeast quarter to the POINT OF BEGINNING: Thence S87005'54"W, 41.41 feet; Thence N47°54'06"W, 22.15 feet; Thence NO2"06'31"W, 48.58 feet; Thence N47006'31"W, 30.57 feet; Thence S65°23'29"W, 163.41 feet; Thence S87"53'29"W, 1024.22 feet; Thence N76"42'31"W, 65.95 feet to the east line of the southeast quarter of the northwest quarter; Thence continuing N76°42'31"W, 808.65 feet; Thence N65027'20"W, 321.89 feet; Thence N76"42'20"W, 241.74 feet to the west line of the northeast quarter of the northwest quarter; Thence N00°30'58"E, 20.51 feet along the west line of the northeast quarter of the northwest quarter; Thence S76°42'20"E, 248.24 feet; /2Tlr , Thence S65°27'20"E, 321.89 feet; TH1334 Page 1 of 2 rwa.Y1J671 OF (J- J•U•B ENGINEERS, INC. Permanent Easement continued... J -U -B COMPANIES THE ®I n"au°v°N �' I NC. xo Thence S76°42'31"E, 802.14 feet to the west line of the southwest quarter of the northeast quarter; Thence continuing S76"42'31"E, 67.79 feet; Thence N87°53'29"E, 1017.54 feet; Thence N65"23'29"E, 172.80 feet; Thence S47006'31"E, 52.22 feet; Thence SO2°06'31"E, 48.42 feet; Thence S47054'06"E, 5.42 feet; Thence N87°05'54"E, 34.30 feet to the east line of the southwest quarter of the northeast quarter; Thence S00"28'22"W, 20.03 feet along the east line of the southwest quarter of the northeast quarter to the POINT OF BEGINNING. The above-described easement contains 1.27 acres, more or less. Aj, Page 2 of 2 `hg4t a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 O 208-376-7330 f 208-323-9336 w www.lub.com EXHIBIT B I,, �4- m ry e F, N M N 2 2 2 � N ro 2 o Z .o !%1 Pn 2 o °OO N� o� Ir N ”' R 2 o y i ,09'1£9Z M„ZZ,LZ.00S �..1 co N M M M J rn N M I: a �0 f J J J m 0 M J 0 Z a ,69'566 J 3„ZZ,BZ.00N S O �\� M N VOR S ii• Q W 00 N r M O 11 N W G olio fii� Q`�Q U o -a C a rn11mNN mM (V 00 Cm �I1� �.p� �Ilh m� mm (n ru co ZIIN Z -0 h om N z II 0 0 w w II 3 m r mrn 0 I I Cn c U]E C cc o ii N (Dca « II w ro c o o colic, IZ W m 0 3 0 If O C 0 cis N c Z ^ll D E n Ili FL- d /L O eF�IM z� Z o IN 3 aly l w yIb t Z n 112 w It Z 11 �� e4 N ' ZR 9 /% N // O. N �� SCh /// /% (o tu p N Ll O N pp N't Q N Q n Zo r ills N / Z 9 m ry e F, N 2 2 2 � N ro 2 o Z .o !%1 Pn 2 o °OO N� o� Ir N ”' R 2 o y i Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: SANITARY SEWER EASEMENT - THE OAKS Sanitary Sewer Easement - The Oaks Pressure Sewer Easement 2 MEETING NOTES I ,U L,;' - 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 2014-095965 BOISE IDAHO Pgs=S BONNIE 1112612014 10:26 AM MERIDIAN CITY NO FEE IIIIIIII III I IIIIIIIIIIIIIII II II III IIIIIIIIIIII III 00043602201400969660060063 SANITARY SEWER EASEMENT THIS INDENTURE, made this qday of Ido / , 2014 between New Oaks LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. The Oaks Permanent Sewer Easementl a THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or tie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: New Oaks L\ LC Thomas M. Coleman, Manager STATE OF IDAHO ss. County of Ada ) On this day of 2014, before me the undersigned, allotary Public in and for said state, personally appe red Thomas M. Coleman, Jr., known or identified to me to be the President of Coleman Communities, Inc., a Delaware Corporation; the Manager of Coleman Homes LLC, an Idaho limited liability company; and the Manager ofNew Oaks LLC, an Idaho limited liability company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the day and first above written. �CA L4� L (SEA OTA};,u NO ARY PUBLIC R J,DAHO ve S Resi ing at: LC pUBL�G •s Commission Expires: 4 y� '•a OF 19�'0o The Oaks Permanent Sewer Easement GRANTEE: CITY OF MERIDIAN Tanury de Mayo�ot�" n .r City of Attest by(J�aycee L. Holman, City Cl SEAL Approved By City Council On: o? STATE OF IDAHO ) ss County of Ada On this c day of NO\/e "v C/ 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. •G •• l p. JON •. (SEAQ); 1 AIJBtiSG `bo. The Oaks Permanent Sewer EasementI 4�kl � N T PUBLIC FOR IDAHO Resi ing at: "Cn lA r Commission Expires: \�q vi L� act DC7 J•U.R ENGINEERS, INC. EXHIBIT A 1 -U -B COMPANIES The Oaks Pressure Sewer New Oaks, LLC ®WE � a�tcw�v uxunoN R�.p� NAPPING GROUP i�iii%% M. Permanent Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the northwest quarter of the northwest quarter of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence S00°27'22"W, 2631.60 feet along the east line of the northeast quarter of Section 33 to the east quarter -section corner of Section 33; Thence N89.18'39"W, 2636.85 feet along the mid-section line to the center quarter -section corner; Thence N89018'03"W, 1318.84 feet along the mid-section line to the center -west sixteenth section corner Thence N00030'58"E, 1316.64 feet along the west line of the southeast quarter of the northwest quarter to the northwest sixteenth -section corner; Thence N00°30'58"E, 13.87 feet along the east line of the northwest quarter of the northwest quarter to the POINTOF BEGINNING: Thence N76°42'20"W, 1166.32 feet; Thence N00"32'39"E, 151.70 feet; Thence S89°27'21"E, 20.00 feet; Thence S00°32'39"W, 135.72 feet; Thence S76°42'20"E, 1145.80 feet to the east line of the northwest quarter of the northwest quarter; Thence 500'30'58"W, 20.51 feet along the east line of the northwest quarter of the northwest quarter to the POINT OF BEGINNING. The above-described easement contains 0.60 acres, more or less. Page 1 of 1 a 250 S Beechwood Avenue Suite 201 Boise ID 83709 p 208-376-7330 J 208-323-9336 w www..jub.com 1=;Xri1t511 15 r O 09.L£9Z K,ZZ,LZ.00S N M ! z Z W fn 3„99,0£.00N l� 1/ N 1 1 w / 1 / O Iwl / l/ I ¢ Z 1 / 1 / 0 / / W z N//N 1 / 1 / 1 / N N o� 11 JL -------J ; ,OL' lS l 3„ 6£,Z£.00N z Z W fn 3„99,0£.00N l� Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: SAGEWOOD SUBDIVISION SEWER EASEMENT Sagewood Subdivision Sewer Easement 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 Chrlstopher D. Rich 2014-095964 BOISE IDAHO Pgs=S BONNIE 111261201410:26 AM MERIDIAN CITY NO FEE IIIIIIII III I IIIIIIIIIIIIIII I' II II I IIIIIIII II I I III 00043601201400969640060067 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this a5day of J\1 OV , 2014, between Thomas L. and Joanne Q. Pfost, husband and wife, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: \ Thomas L. Most STATE OF IDAHO 6 L C") o oann Q. Pfost ) ss. COUNTY OF ADA.g ) 4 On this I � day of 2014, before me, the undersigned, a Notary Public in and for said State, pirsohUy appeared Thomas L. and Joann Q. Pfost, husband and wife, known or identified to me to be the owners of the property and the persons that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) fop ARY PUBLIC F R I AHO _ C 8 Res ing at: $? J, p[181.% Commission Expires: Tg oP Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost GRANTEE: CITY OF MERIDIAN /IVY/sem/ ssnT';n n uc�s� Tammy de erd, Mayor city 0r EI1R� TAN*- �io_nxo- ttest b ycee L. Holman, City Clerk S>iAL f p ?ee"'he TPF rSw'E Approved By City Council On: ��'o? STATE OF IDAHO ) ss. County of Ada On this - S day of t ov 6e,,,- 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. i •51CAJ() 00 • (SEAL) • y' Y PUBLI AHO Residing at: ►. i P Xl r� 1 q Commission Expires: �Aan L4, Sagewood Subdivision Off -Site Sewer & Water Easement —Pfost June 27, 2014 DESCRIPTION FOR OFF SITE MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED SAGEWOOD SUBDIVISION An easement located in the NW % of the NW '/< of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, covering a strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at the NW corner of said Section 24, from which the N '/o corner of said section bears South 89107'22" East, 2655.69 feet; thence along the north boundary of the NW '/< of said section South 89°07'22" East, 1327.90 feet to the NE comer of the NW '/ of said NW '/<; thence along the east boundary of said NW % of the NW % South 00°28'27" West, 264.85 feet to the BEGINNING POINT of said easement line; Thence leaving said boundary North 75°41'46" West, 144.75 feet; Thence North 60°59'28" West, 71.69 feet; Thence North 56'24'19" West, 246.86 feet; Thence North 00149'50" East, 16.00 feet to a point on the southerly right-of-way of W. Overland Road, the ENDING POINT of said easement line. Said easement encompassing 9,251 SF, more or less. 120726-offsitess. docx BASIS OF BEARING SCALE 1 "=100' DWG.DATE 06/27/14 PROJ. No. 120726 SHEET 1 OF 1 MERIDIAN CITY OFF-SITE SANITARY SEWER EASEMENT PROPOSED SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF THE NW 1/4, SECTION 24, T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (209) 930-0980 Fox (209) 938-0941 Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 5P PROJECT NUMBER: MDA 13-007 ITEM TITLE: DEVELOPMENT AGREEMENT MEDINA SUBDIVISION Development Agreement for Approval: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot MEETING NOTES J 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 2014-095963 BOISE IDAHO Pgs=6 BONNIE 111261201410:26 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00043698201400969630080061 2nd ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Promenade P1, LLC, Owner/Developer 3. William & Mary Howell, Owner/Developer 4. Green Star Properties, LLC, Owner/Developer � a5 N This addendum is made and entered into this day of NB✓fiWV%b A-- 2011, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY and Meridian Promenade Pl, LLC whose address is PO Box 1159, Deerfield, IL 60015; William & Mary Howell whose address is PO Box 1277, Boise, ID 83701-1277; and Green Star Properties, LLC whose address is 13601 W. McMillian Rd., Suite 102, PMB 354, Boise, Idaho, 83713, hereinafter called OWNERS/DEVELOPERS. RECITALS A. CITY and OWNERS/DEVELOPERS, and/or predecessors, entered into that certain Development Agreement dated September 15, 2005 (Instrument # 105134293) and an Addendum to the Development Agreement dated July 13, 2007 (Instrument # 107099630) on the land described in Exhibit "A" ("Property"). B. CITY and OWNERS/DEVELOPERS now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this 2nd Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNERS/DEVELOPERS shall be bound by the terms of the Development Agreement and the Addendum to the Development Agreement, except as specifically to delete Section 5.13.5 of the original Development Agreement as follows: SECTION 5. CONDITIONS GOVERNING ANNEXATION AND REZONING OF SUBJECT PROPERTY: 2ntl ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-006 MEDINA SUBDIVISION) PAGE I OF 6 13-ao: 2. That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This 2"d Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This 2"d Addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this 2"d Addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this 2nd Addendum. 4. If any provision of this 2nd Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this 2"d Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This 2"d Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This 2nd Addendum shall be effective as of the date herein above written. 2n° ADDENDUM TO DEVELOPMENT AGREEMENT (MDA.F3BB6 MEDINA SUBDIVISION) PAGE 2 OF 6 3-co4- ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPERS: MERIDIAN PROMENADE PI, LLC GREEN STAR PROPERTIES, LLC By, By: J hn on, Member L�� j 2�� l William Howell CITY OF MERIDIAN By: Mayor T y de Weerd �liiiil111 o il, Attest: e ADDENDUM TO DEVELOPMENT AGREEMENT (MDA RB N&MEDINA SUBDIVISION) JGJ�. City of VPHO City C >y r SEAL eq 00.E y PAGE 7 OF 6 STATE OF IDAHO ) ss: County of Ada, ) On this 2J day of SP1 n��01 X�be ore me, the undersigned, a Notary Public in and fo said State, ersonally appeared ltie known or identified to me to be the of Meridian Promenade P1, LLC, and acknowledged to me that he executecY the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ( EAL)f HRONGABD PUBLIC j "i':E'r _;E IDAHO STATE OF IDAHO ) ss: County of Ada, Notary Publk forIdaho Residing at: 01,6 C My Commission Expires: i lS l On this IJ' " day of tjot)Wt 201 ; before me, the undersigned, a Notary Public in and for said State, personally appeared John Nelson, known or identified to me to be the managing member of Green Star Properties, LLC, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �i�1-iRONGAFiD n t6(S�Inl=t`f PUBLIC /�ctGl�a � t �l ly4 �( h OF IDAHO Notary Public r Idaho Residing at: My Commission Expires: t; T" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 14-006 MEDINA SUBDIVISION) PAGE 4 OF 6 13-rw7- STATE OF IDAHO ) ss: County of Ada, ) On this ! P day of QOU M U -201 �' before me, the undersigned, a Notary Public in and for said State, personally appeared William Howell, known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SAN GY TI -fl ,()NCAHD ctrl cnl ✓bn FYI 1ICiiAi1' PUBLIC Notary Public or Idaho S7la! c (.3F IDAHCI Residing at:� My Commission Expires: STATE OF IDAHO ) ss: County of Ada, ) II �{ On this' day of 1.t0 VOd 2Ll�, 2013; before me, the undersigned, a Notary Public in and for said State, personally appeared Mary Howell, known or identified to me to be the person who signed above and acknowledged to me that she 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. i. (S ALjAN Y THRONGAHD ol6kl cl P.ti(O 1CUTA"rTf PUBLIC Notary Public for Idaho 1 "k CT IDAHO Residing at: My Commission Expires: / S' 2n0 ADDENDUM TO DEVELOPMENT AGREEMENT (MDA +3=006MEDINA SUBDIVISION) PAGE 5 OF G 13 - -7— STATE OF IDAHO ) ss County of Ada ) On this ` S day of Qwe—mbty , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Not 'y P is for Idaho Resid gat: 0 ay -1 Commission expires: An q , ric��7 2"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 19=006 MEDINA SUBDIVISION) 13-cx�-4- PAGE 6 OF 6 Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-008 ITEM TITLE: DEVELOPMENT AGREEMENT SHALLOW CREEK Development Agreement for Approval: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-095960 BOISE IDAHO Pgs=40 BONNIE 111261201410:2 EM MERIDIAN CITY II1III I I I I I 00043696201400969600400407 I I I I'lll'll DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BCS Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this JA of -1J dtr a*kb� 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 BCS Properties, LLC, whose address is 1341 S. Spring Valley, Nampa, ID 83686, 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 ofAda, State of Idaho, described in Exhibit i' "A", which is attached hereto and by this reference incorporated herein as if \_ set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning ,the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 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 6.61 acres described in Exhibit "A", requesting a designation of R-15 (Medium- High 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 DEVELOPMENTAokEEMENT—SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 1 OF8 j' 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 161h day of September, 2014, the Meridian City Council approved certainFindings 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- SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers BCS Properties, LLC, whose address is 1341 S. Spring Valley, Nampa, Idaho 83686, 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 -High Density Residential District (R-15) 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 Tight to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of this site shall be generally comply with the preliminary plat, landscape plan and elevations include in exhibit A of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B". A maximum of 64 multi -family units shall be constructed on the site. 5.1.2 Future development of the site shall comply with the ordinances in effect at the time of development. 5.1.3 The site shall develop with 3.82 acres of common open space as proposed. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT- SHAILOw CREEK SUBDIVISION (AZ 14-008) PAGE 3 OF 8 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 party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. 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 DEVELOPMENTAOREEMENT-SHALLOW CREEK SUBDIVISION (AZ 14-008) PAOE4 OF 8 ( 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 ofthe 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: BCS Properties, LLC 13418, Spring Valley Nampa, ID 83686 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. 15 • 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 DEVELOPMENT AGREEMENT -SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 5 OF 8 j 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 expresslyprovided, each party shall act reasonably in giving any consent, approval, ortaking 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 re -zoning of the subject Property herein provided for can be modified or amended withoutthe approval of the City Council after the City has conducted public hearing(s) in accordance with the { notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT- SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 6 OF 8 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the patties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BCS Properties, LLC By: -L g�77'— CITY OF MERIDIAN By: Mayor ?,-*Y de Weerd eO ATuD AUGt,1) or 2� City of ryG V IDPPIO ; Holman, City Clerk Sr, hL W I Al DEVELGPMENTAGREHMENT— SHALLOW CREEK SUB ivisioN (AZ 14-008) PAGE 7 of 8 STATE OF IDAHO ) ss: County of Ada, Onthis-0ayof I,Duevy\6er ,2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Dea v\ L- Covnd e_ , known or identified to me to be the, tie , of BCS Properties, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NO), �eLIC STATE OF IDAHO ) ss County of Ada otary Public for Idaho esiding at: (YA 1'A 'd o kg My Commission Expires: On this 6Q5 � day of �j OjC Mkg.Z 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. .Owes, .gSCA'�0•�. �C T'9.Q�A: (SEAL) :•y f�LIG �v�� Residing at: t"I Commission expires: DEVELOPMENT AGREEMENT— SHALLOW CREW SUBDIVISION (AZ 14-008) PAGE 8 OF 8 EXHIBITA Exhibit A Annexation Legal Description • a50M r prokealanotEogk*W,Land8wueyaaOWPINUM `^g 464- t.3oath.RKCM) I"79 Ph MOM Fux (26a) 451-0870 o•ms8: dlmldiav®rmaa.us FOR: SyriagacreakuC 108 NO.: AU0713 DATE May 02, 20I4 ANN99ATiON PARCEL. An saaexation panel of lend being apantoo of the NW114 NWI/4 ofSoaaon 17, Township 3 North, Range 1 But. pulse Meddlen, Ada County Idaho, more particularly described es follovn: EERWMG at the nmthwostcomar of the NWI/4 NWIA; Thence S 899 56'10"E a dietaaoe of 740.01 fat along the north boundary of the NW114 NW114 to a point; Them S 009 301" W a distanaof 185.0I fat parllel with the west boundary of the NW114 NWIN to a point; ThenceS 89" 56' 10" E a d"otana of 345.45 fat parallel with the north boundary of the NW114 NW114 to a point on the approximatecentcdfw Wive Mile Creek; Thence along the approximate ceatedlae ofFlve Mile Creek the fallowing aurew and dineaeea; Thence 449 38'22' E e distance of 44.34 fat to a point; Theacc S 36" 23'10" E a 41stancs of 119,84 fat to a point, Theuce3 169 22' 57'H a dinanceof 292,73 feet to a point' Ther leaving approximate ceMllaeofHv6Mile Geek N 899 56 10" W a distance of 391.10 fad parallel with the north houndaryoftheNW114 NWIN to point; Thence N009 31'11 " E a distance of 113.74 fat parallel with the west boundary of the NW114 NW114 to a point; MAWN&6TAN I=k4G s,a,s.rs Shallow Creek A7,14.008 I0:4C11*30 -\ Thmm N 89° 5t? IV W a dtalanoeof 382.98 fact parallel widt thenon6 boundary of theNW114 NWIf4 to a polat on Bte west boundaryofthe NW114 NWI14; Thence N 00031' 11" B a dblutasof479.96 feet along the west boundary of the NW1f4 NWIf4 to the POINT' OFBBGMMG. This unantlon parml *Wain 6.61 acro more or INI. MASON&STSrEW.W CAGPTliCS.` AIA yiprj&nAff A5 aws.rs Shal low Creek AZ -14.006, EXHIBIT A STAFF REPORT p �► HEARING DATE: September 2, 2014 Ci E IDIAN�, - (Continued from July 22, and August 19, 1 D A H O 2014) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Shallow Creek— AZ 14-008, PP -14-008 and CUP -14-005 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for annexation of 6.61 acres of land from the RUT zoning district in Ada County to the R-15 zoning district; preliminary plat consisting of eighteen (18) buildable lots and two (2) common lots on approximately 5.85 acres and; a conditional use permit (CUP) for a multi -family development consisting of seventeen (17) four-plex structures, totaling sixty-eight (68) dwelling units. (See Section 9 for further analysis) II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard these items on June 19, 2014. At the public hearing, the Commission voted to recommend approval of the subiect AZ, PP and CUP renuests. a. Summary of Commission Public Hearing: i. In favor: Steve Arnold ii. In opposition: None iii. Commenting: Rod Cullip. Helen and Dale Sharp. John and Mary Ann Duncan and Melanie Hensmen (all in opposition) iv. Written testimony: Steve Arnold v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The land use designation of the property to the east. ii. Development in the flood plain. C. Key Commission Chanae(s) to Staff Recommendation: I. None d. Outstanding Issue(s) for City Council: I. None The Meridian City Council heard these items on July 22. and September 2.2014. At the public earjng. the Council approved the subject AZ. PP and CUP repuest. 8,Summary of City Council Public Hearing: L In favor: Steve Arnold & In opposjtjon: None nL Commenting@ Rod Cullill and Dave Skaggs Shallow Creek AZ -14.008, PP -14-008 & CUP -14.005 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 008, PP -14-008 and CUP -14-005, as presented in the staff report'for the hearing date of September 2, 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 -14-008, PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the NW '/4 of Section 17, Township 3N., Range 1E. (Parcel No. S1117223430) B. Applicant/Owner: BCS Properties, LLC 1341 S. Spring Valley Nampa, ID 83686 C. Representative: Steve Arnold, A Team Land Consultants 1785 S. Whisper Cove Avenue Boise, ID 83709 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2 �,'"TlrrlffmI1 ►I I' ,, 1 1 I I' ,I � _ III 11 � I 1� 1 I : 1_I I I ►. r I , , I 1 I I' 1•I ► I 1' 1 111 1 I' 1111'1 I' I 1 1 1111'1 ' 1 1 II • I KM.1nTr9UT21rr1r11ffM111, I I I I i 1 1 1.. • I 1 : 1' ,_ _ , u a 1 I t 1 1 n I I I I 111 ti 9 -Te FITINU 11 i I LK I1US I KIMa II' si Ku1' ► 1 1' II 1 =1 1 1 1 I 1 1 I' I I 1 1 , , 1 1 1 I' 11 1 1 1 1 1 1 1' I 11 I II 1 1 11 11 11 1 11 1 1 ' 1 1 1 1 1 1 1 , I I 1 rl MR-MR1111 II' \ slI I 1 111 1 1 1 1 .I ITM M 111 ' 1', III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 008, PP -14-008 and CUP -14-005, as presented in the staff report'for the hearing date of September 2, 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 -14-008, PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the NW '/4 of Section 17, Township 3N., Range 1E. (Parcel No. S1117223430) B. Applicant/Owner: BCS Properties, LLC 1341 S. Spring Valley Nampa, ID 83686 C. Representative: Steve Arnold, A Team Land Consultants 1785 S. Whisper Cove Avenue Boise, ID 83709 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2 EXHIBIT A D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for annexation, a preliminary plat and a conditional use permit. A public hearing is required before the Planning and 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 July 14, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 26, 2014 (Council) D. Applicant posted notice on site by: June 9, 2014 (Commission); July 11, 2014 (Council) VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Pasture, County residence and undeveloped commercial property, zoned RUT and C -G South: LDS Stake Center, zoned C -N East: County residences and pasture, zoned RUT West: Single family residence and ACHD drainage pond, zoned R-40 C. History of Previous Actions: NA D. Utilities: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Locust Grove Road. b. Location of water: A water main intended to provide service to the subject site currently exists in S. Locust Grove Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek transverses the property. 2. Hazards: See comments below. 3. Flood Plain: The property is encumbered by both a flood plain and floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed-use Community" on the Comprehensive Plan Future Land Use Map. The mixed-use area anticipates densities between six (6) and fifteen (15) dwellings per acre. The proposed site plan depicts 68 dwelling units on 5.85 acres for a total gross density of 11.6 dwelling units/acre which falls within the density parameters stated in the Comprehensive Plan. In a typical mixed use area, the Comprehensive Plan envisions a mix of non-residential and residential uses that are interrelated. However, this site is encumbered by a natural waterway (floodway) which limits the potential to have a true mixed use project. When analyzing the surrounding parcels along the Franklin and Locust Grove Corridor, staff believes there will be other Shallow Creek AZ -14-008, PP -14-008 & CUP -]4-005 PAGE 3 EXHIBIT A opportunities in the future for adjacent properties to development with non-residential uses to complement the proposed multi -family development. Given the site constraints of this parcel and its proximity to an established street network, staff believes a single use such as the proposed multi -family development is favorable for this site. Therefore, staff finds that the proposed development is consistent with the Comprehensive Plan. Staff also finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56) Stafffinds that this location is ideal for a multi family development because ofits proximity to services and transit along Locust Grove and Franklin Road Corridors. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117, pg. 45) City services will be provide and extended with the development of this site. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B, pg. 48) A segment of the City's pathway is proposed to be constructed with the multi family development. Although this connection will not tie into an existing network- this pathway will connect with the Woodbridge Subdivision pathway in the future. • "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.0213, pg. 69) The proposed development is an infill project consistent with this objective. • "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page 48). Access to site will be provided from single driveway connection to S. Locust Grove Road. Due to the number of constraints on the property no other access is proposed nor is cross access being required to any ofthe surroundingproperties. "Require common area in all subdivisions." (3.07.02F) The applicant is required to provide a minimum of 10% qualified open space as set forth in UDC 11-3G-3. The submitted plat depicts plats 22.5% (or 3.85 acres) of common open space. The proposed subdivision is in compliance with the common area requirement. • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (5.01.01E) Shallow Creek AZ -14.008, PP -14-008 & CUP -14-005 PAGE 4 EXHIBIT A The Five Mile Creek is proposed to be improved as an amenity with a 10 foot wide pedestrian pathway. The applicant will have to coordinate with the City, irrigation district and the Army Corp of Engineersfor the improvements to Five Mile Creek. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the proposed R-15 zoning district. The proposed multi -family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this site. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. D. Landscaping Standards: 1. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. 2. The proposed 10 -foot multi -use pathway shall comply with the design standards in accord with UDC 11-3A-8 and UDC 11-313-12. 3. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-313-8C. 4. A 25 -foot wide landscape buffer is required adjacent to E. Franklin Road and S. Locust Grove Road in accord with UDC Table 11-2A-7. The landscape buffers must comply with the standards set forth in UDC 11 -3B -7C. E. Parking Standards: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage. The clubhouse will require one space per 500 square feet of gross floor area in accord UDC 11-3C-613. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ): The applicant has applied to annex and zone a total of 6.61 acres of land with an R-15 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU -C. The legal description submitted with the application, included in Exhibit A.2, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 5 EXHIBIT A The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation. See Exlrihit B for the recommended changes to the development agreement. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of eighteen (18) buildable lots and two (2) common lots on approximately 5.85 acres. The eighteen (18) lots are proposed to develop with seventeen (17) two story four-plex structures containing sixty-eight (68) units and a club house. Lot sizes range in size between 5,403 square feet and 8,190 square feet respectively. All of the lots comply with the minimum lot size of the R-15 zone (see Exhibit A.3). Access: Access to the proposed development is provided from a single curb cut to S. Locust Grove Road. Due to the number of constraints on the property no other access is proposed nor is cross access being required to the east. Both staff and ACHD are supportive of the access to the site. The parking area and the internal drive aisles are proposed as a common lot (Lot 10, Block 1) within the development. Since this common lot provides the public street access, the applicant must add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire complex. Flood Plain and Floodway: The subject property is encumbered by a flood plain and floodway. Development in the flood plain will require the approval of a flood plain development permit prior to construction commencing on the site. The applicant is also proposing several enhancements and encroachments (e.g. landscaping, pathway, parking and planter islands) in the floodway which may not be allowed without further approvals and study. Staff has coordinated with the City's Flood Plain Administer and if this area is to be enhanced as proposed, the applicant may have to revise the plans based on the review and approval by the City's Flood Plain Administrator and the Army Corp of Engineers. Prior to the submittal of a final plat, the applicant should provide the City's and Corp's approval for development in the floodway. Landscaping: UDC Table 11-2A-7 requires a 25 -foot wide landscape buffer adjacent to Franklin and Locust Grove Roads. The landscape buffers must comply with the standards set forth in UDC 11-313-7C. Multi -use Pathway: The City's Master Pathways Plan designates a 10 -foot multi -use pathway to on the subject property. The applicant is proposing a 10 -foot multi -use pathway adjacent to the north and east side of proposed development. The pathway must comply with the standards set forth UDC 11-3A-8 and UDC 11-3B-12. Fencing: The applicant is not proposing to construct any fencing with the proposed development. There is existing fencing along the south boundary of the development installed with the LDS church. Any fencing constructed with this development must comply with UDC 11-3A-7. Ditches, Laterals, and Canals: The Five Mile Creek courses through this site. UDC 11-3A-6 requires natural waterways to be left open as a natural amenity. Irrigation ditches, laterals, canals and drains that are not being used as an amenity must be piped or otherwise covered. The Five Mile Creek is a natural waterway that should be protected and enhanced by leaving it open and constructing a pathway adjacent to it. The applicant is proposing to enhance the Five Creek as envisioned by the Comprehensive Plan; however the applicant is responsible to obtain all of the necessary approvals from the City and the Army Corp of Engineers prior any development occurring on the property. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 6 EXHIBIT A Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family development in an R-15 zoning district in accord with UDC Table 11-2A-2. The proposed multi- family development consists of seventeen (17) two-story four-plex structures containing a total of sixty-eight (68) dwelling units. Unit mix includes all two and three bedroom units. The specific use standards for multi -family developments are contained in UDC 11-4-3-27. These standards apply to site design, common open space, site amenities, architectural character, landscaping, and maintenance. The proposed project generally complies with the following standards. a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 12 feet in the rear.) All of the buildings along the perimeter are setback in excess of 12 feet in accord with the R-15 dimensional standard. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The proposed trash enclosures are internal to the proposed development and will have limited visibilityfrom the site in accord with this requirement. c. Private, usable open space: A minimum of 80 square feet of private, usable open space is required for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. All of the units must have 80 square feet ofpatio space and/or private open space. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. The property management office, maintenance storage area and the directory map are not depicted on the submitted plans and will need to be included to the plans submitted with the certificate ofzoning compliance application. The central mailbox location is located on Lot 17, Block 1. e. Parking: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is required. Based on the unit mix (68- 2 and 3bedroom units), a combined total of 136 covered and uncovered parking stalls are required. The clubhouse will require one space per 500 square feet of gross floor area. The applicant is proposing a 69 covered parking stalls and 67 uncovered parking stalls which meets the minimum requirements for multi- family units. However, the applicant has not provided the required parking for the clubhouse. With the submittal of certificate of zoning compliance application, the applicant must Include the required parking stalls far the clubhouse or reduce the number of multi family units on the site. The submitted site plan depicts a total of eleven (11) bikes racks throughout the Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 7 EXHIBIT A development. Staff is supportive of the proposed number ofbike racks for the site but a detail was not provided with the submitted application. With the submittal of certificate of zoning compliance application, the applicant must provide details ofbike racks. f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 250 square feet of outdoor common open space for each unit containing more than 500 square feet and up to 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) Because all ofthe proposed units contain between 500 and 1,200 square feet of living area, a minimum of 17,000 sf of common open space is required to be provided. The open space for the entire development is approximately 3.85 acres. Note: The development has a large amount of open space due to the inclusion ofthe improvements proposed to Five Mile Creek. g. Amenities: All multi -family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27 requires multi -family developments between 20 and 75 units provide a minimum of three (3) amenities; one from each of the aforementioned categories. The applicant is proposing the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse and 4) a 10 foot pathway. Stafffnds the applicant is providing a greater number of amenities than required by ordinance. Staff is supportive of the proposed amenities for the development. h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. As mentioned earlier, the applicant is proposing to construct twenty (20) four plexes with the same architectural design. The proposed buildings provide variations in the roofplanes and modulation in the fafades. All of the structures are proposed to incorporate a mix of building materials to include thefollowing: three (3) wood siding material (board and batten, horizontal lap and shake), architectural shingles and belly band (see Exhibit A.4). While staff is supportive ofthe proposed material changes, staff is concerned that the development will have a monotonous design concept and the applicant has not proposed any color schemes. At a minimum, staffrecommends three (3) distinct color palettes of earth tone colors to provide color variation. Additionally, staffrecommends the applicant provide three (3) building designs that use the same form and building materials but orient the materials differently on the facade of the structures to provide variations in the proposed development. The proposed clubhouse should also contain the same building materials as the four plexes to complement the proposed development. The site will also house twenty-eight (28) carport structures. The submitted a carport is a fat roofed single post design. The Meridian Design Manual (E-2.3.2.4) encourages carport designs that complement the design of residential structures. Staff recommends the proposed carports should be painted or powder coated to complement the overall color scheme for the development. Compliance with the aforementioned design changes will be required with the submittal ofa certificate ofzoning compliance and administrative design review application. i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC. The landscape plan, labeled Landscape Concept Plan, is approved with the following modifications/notes: • All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 8 EXHIBIT A shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance for the structures should comply with this requirement. • Parking lot landscaping must be installed in accord with the standards listed in UDC 11-313-8C. Each planter island that serves a single row of parking spaces is required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Engineer's signature on the Final Plat. All standards of installation shall apply as listed in UDC I1-311-14. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must comply with this requirement and a single entity must manage the entire development. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the lots. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the multi -family development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A- 19 and the guidelines contained in the Meridian Design Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Legal Description and Exhibit map 3. Proposed Preliminary Plat/Site Plan (dated: 04L24F1408/15/14)(REVISED) 4. Proposed Landscape Plan (dated: 04/21/14) 5. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 9 EXHIBIT A Exhibit A.1: Vicinity Map Vicinity Map D 0J6 06fis Mink Dale: 69.4014 (. QVF IDIAN4v Oellp Vicinity Map o oas oMiles 0 RIM Dale: 691]014 ( j>WE IDIZ IAN V- I�paHO Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 10 EXHIBIT A Exhibit A.2: Annexation Legal Description and Exhibit Map anon Professional Engineers, Land Surveyors and Planners -N-to n� 1 Inc. ORD -0 56 Fax ID 53&51 Ph (208) 454A258 Fel[ (208) 454-0979 e-mail: dholzhev®nacna.us FOR: Syringe Creek LLC JOB NO.: AU0713 DATE: May 02, 2014 ANNEXATION PARCEL An annexation parcel of land being a portion of the NW I/4 NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows: BEGINNING at the northwest corner of the NW I/4 NW I/4; Thence S 89" 56' 10" E a distance of 240.01 feet along the north boundary of the NWI/4 NWl/4 to a point; Thence S 00" 31' Il" W a distance of 185.01 feel parallel with the weal boundary of the NW 1/4 NW I/4 to a point; Thence S 89" 56' 10" E a distance of 345.45 feet parallel with the north boundary of the NW 1/4 N W I/4 to a point on the approximate oenterline of Five Mile Creek; Thence along the approximate centerline of Five Mile Creek the following courses and distances; Thence S 44" 38'22" E a distance of 44.34 feet to a point; Thence S 36'23'10" E a distance of 119.84 fat to a point; Thence S 16" 22'57" E a distance of 292.73 feet to a point; Them leaving approximate centerline of Five Mile Creek N 89" 56' 10" W a distance of 391.10 feel parallel with the north boundary of the NW I/4 NWl/4 to a point; Thence N 00" 31' 11" E a distance of 113.74 feet parallel with the west boundary of the NWl/4 N Wl/4 to a point; MAWNd5TArrf EMW— FA7G4VrmSfd wyo&5ofZAAArA5 ey"1.n Shallow Creek AZ -14-008, PP -14.008 & CUP -14-005 PAGE 11 EXHIBIT A Theca N 89° 56 10" W a distance of 382.88 feet parallel with the north boundary of tine NWIN NWI/4 to a point on the west boundary of the NW IM N WI/4; Thence N 00" 31' I I" E a distance of 479.96 feet along the west boundary of the NW 1/4 NWi/4 to the POINT OF BEGINNING. This annexation parcel contains 6.61 acres more or less. MA 0r4&5TANMrLD,ING CACfCZO R"PEYQC5&nAMHCR5 P"pr0r3 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 12 EXHIBIT A N0013111"IE Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 13 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat/ Site Plan (dated: ""'. :r'"" " &I5/14)(REVISED) _ ..N W. e c.wss� ..no •J 6t IW-�'- s y -� ° ♦ '.� �� - i V 0r i � N ------------ I �� V �� �!l c �>,� �•d t�Y1�t2��Mf11Oa s o ]Ill T ME Rif r-- i Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 14 EXHIBIT A Exhibit AA Proposed Landscape Plan (dated 4/21/14) Shallow Greek Apartments / Meridian, Idaho TEAM Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGG 15 m EXHIBIT A 2 —`. n�.aDRPUN 1 !jM!!-OORP"N' 4 3 LOOF!MN-W&WMM 2 sL`TTnooRp'AN-'A-&wLw"s Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 17 I. WE MIN 2 —`. n�.aDRPUN 1 !jM!!-OORP"N' 4 3 LOOF!MN-W&WMM 2 sL`TTnooRp'AN-'A-&wLw"s Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 17 F L r- 3 ET.Oo A\ EXHIBIT A r_�s y�'..• w I%%la ANnrAlw sunmvt _ 1%X)0.TY13. ••••.MINI%1•S'T'195 . •S'.1:::5'J :.'�•. 072 aGEp 11N � I , vY...........}7�...... ?ti!r••{ry?fr'n,•ki!•. . �v:i''r'r4•i%iiv... .�.. nyvvntiV.±Nth:'{{,vy}m'xxmN_±±.SyA'n±'M_�.._ _.•_�'AM'nH}xy�YiAMNenvn�:.._ CJI '3 }�QN 2 IEVAT CH 1 ff2i0.0P1AN Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 18 R1 1 ff2i0.0P1AN Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 18 EXHIBIT A Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 19 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 ANNEXATION 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. A final plat application will not be accepted until the DA is recorded. 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 the site shall generally comply with the preliminary plat, landscape plan and elevations included in Exhibit A. A maximum of (�64 multi -family units shall be constructed on the site. b. Future development of the site shall comply with the ordinances in effect at the time of development. c. Future development of the site shall be consistent with the design standards in UDC 1I - 3A -19 and the guidelines in the Meridian Design Manual. d. The site shall develop wither acres of common open space as proposed. 1.2 PRELIMINARY PLAT - SITE SPECIFIC CONDITIONS OF APPROVAL 1.2.1 The preliminary plat, prepared by Mason and Stanfield, dated 04hWA4 08/15/14, shall be revised as follows: • The applicant shall add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire multi -family complex (Lot 9, Block 1). • Maintenance of all the multi -family common areas shall be the responsibility of the Shallow Creek Subdivision Owners' Association. • Other than the single driveway access approved by ACRD and the City, direct lot access to S. Locust Grove and E. Franklin Road is prohibited. 1.2.2 The landscape plan, prepared by Power Enterprises Inc., dated 04/21/14, shall be revised as follows: • The applicant shall construct a 25 -foot wide landscape buffer adjacent to S. Locust Grove Road and E. Franklin Road in accord with UDC 11 -3B -7C. • The 10 -foot multi -use pathway shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-311-12. Submit a public use easement to the Planning Division for the multi -use pathway adjacent to the Five Mile Creek prior to City's Engineer signature on the final plat. • Parking lot landscaping shall comply with the standards set forth in UDC 1 I -3B -8C. • The applicant shall construct any proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. The applicant shall construct a 4 -foot tall decorative wrought iron fence and two -foot tall cinder block wall combination on the north and east boundary as proposed on the revised site plan, dated Shallow Creek A7_-14-008, PP -14-008 & CUP -14-005 PAGE 20 ENIIIBIT A 08115LI4. 1.2.3 With the submittal of a final plat and prior to any development within the flood plain and the floodway, the applicant shall have plans reviewed and approved by the City's Flood Plain Administrator, Nampa and Meridian Irrigation District, and the Army Corp of Engineers. 1.2.4 The applicant shall record a final plat prior to obtaining a building permit for the proposed multi -family development. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I - 3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Intal] all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.4 Process Conditions of Approval 1.4.1 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.2 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 11-613-7. 1.4.3 Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.5 CONDITIONAL USE PERMIT - Site Specific Conditions of Approval 1.5.1 The site plan, dated 04/21/14, is approved with the following changes: • Provide a detail of the eleven (11) bike racks proposed for the development. • The applicant shall revise the site plan to include a property management office; maintenance storage area and the directory map. The property management office and storage area may be incorporated as part of the clubhouse. • The applicant shall revise the site plan to include the required parking stalls for the clubhouse or reduce the number of multi -family units on the site. The number of parking stalls is predicated on the size of the proposed clubhouse. 1.5.2 The landscape plan prepared by Power Enterprises Inc., dated 04/21/14, is approved with the following changes: • Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F. • Provide a minimum of 3.55 3.82 acres of common open space as proposed. The applicant shall provide the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse with a covered natio. 4) a pool and 5) a 10 -foot pathway as proposed. 1.5.3 The building elevations attached in Exhibit A.5, are approved with the following changes: • The applicant shall provide three (3) building designs that use the same form and Shallow Creek AL -14.008, PP -14-008 & CUP -14-005 PAGE 21 EXHIBIT A building materials but orient the materials differently on the fagades of the structures to provide variations in the proposed development. The clubhouse shall incorporate the same mix of building materials as the four-plexes; • At a minimum, the apartment buildings shall have three (3) color schemes to include two field colors and one trim color and; • The carports shall be painted or powder coated to complement the overall color scheme of the development. 1.5.4 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27. 1.5.5 All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.5.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.5.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party for the maintenance of the development shall be a single entity overseeing the entire multi -family development. 1.5.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B - 5I, 11 -3B -8C, and Chapter 3 Article C. 1.5.9 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. 1.6 General Conditions of Approval 1.6.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and the perimeter lighting shall not impact the surrounding single family residences. 1.6.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.6.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. All HVAC equipment shall be screened. 1.6.4 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.6.5 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6171 or 2) gain approval of a time extension as set forth in UDC 11 -SB -6F4. 1.6.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi -family units on a lot/parcel. 2. PUBLIC WORKS DEPARTMENT 2.1 The Shallow Creek plans as submitted do not appear to meet the floodplain regulations. These items need to be resolved before any floodplain permit application is submitted Shallow Creek AZ -14.008, PP -14-008 & CUP -14.005 PAGE 22 EXHIBIT A and reviewed: • Next to the walking path there appears to be a wall within the floodway. The wall must be outside of the floodway. • Parking and curbing are shown within the floodway. The curbing creates a rise. While minimal, it does not meet the "no -rise" requirement. • The submitted landscape plan shows the installation of new trees to be planted in the floodway. This will not likely meet the no -rise requirements as well. There are a few options here: a. Do not propose to plant trees within the floodway; b. Provide hydraulic analysis showing no rise from the proposed new plantings; c. Develop a habitat restoration plan and study, including hydraulic analysis which would likely have to include compensatory storage for the amount of rise calculated. 2.2 Sanitary sewer service for this development shall be from an extension of the existing main in N. Locust Grove Road. Per Meridian City Code, the applicant shall install mains to and through this subdivision. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service 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. Applicant shall be required to abandon the existing sewer stub to the property from the existing manhole in N. Locust Grove Road, north of the entrance to the development. 2.2 Domestic water service to this development will be from an extension of the existing main in N. Locust Grove Road, and via a second connection to an existing main to the south through the adjacent LDS Church site as shown on the preliminary plat map. Applicant will not be required to install the parallel water mains through the site as shown. Per Meridian City Code, the applicant shall install mains to and through this subdivision. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Applicant shall be required to either abandon the existing water main stub to the property in N. Locust Grove Road, north of the entrance to the development, or install a new fire hydrant at this location. 2.3 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 23 EXHIBIT A 2.5 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. 2.6 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.7 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. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 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. 2.10 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office, and provide evidence of their approval prior to signature on the final plat. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 24 EXHIBIT 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. 2.20 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. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 100 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. 2.23 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. 2.24 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 2.25 Applicant shall submit compaction testing results to the Community Development Department for all areas that have, or will receive fill materials, prior to applying for building permits. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. Shallow Creek AZ -14.008, PP -14-008 & CUP -14-005 PAGE 25 EXHIBIT A h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.6 Provide signage CWo Parking Fire Lane') for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.11 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.13 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. POLICE DEPARTMENT 4.1 Lighting needs to be installed on all pathways at the read of each building that has the walking path. The best solution to requiring pathway lighting would be to have substantial read pathway lighting at each structure to light that section of the rear pathway and keep safety of users at a premium. 4.2 Addressing needs to be done in a manner to assist first responders. So signage needs to direct public safety personnel to the rear buildings addresses set back from the road and behind the first set of building that abut the roadway. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 26 EXHIBIT A 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 6. PARKS DEPARTMENT 6.1 Construct a 10 -foot wide multi -use pathway consistent with standards set forth in UDC 1I - 3A -8 and UDC 11 -3B -12C. The pathway shall be constructed along the north and east side of the proposed development. 6.2 Prior to signature on the final plat by the City Engineer, the applicant shall submit a public access easement to the Planning Division of the Community Development Department for the multi -use pathway along the north and east sides of the proposed development for approval by City Council and subsequent recordation. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 In accordance with District Policy 7203.3 the applicant shall be required to update the existing ramps located in the following locations so as to be ADA compliant: • The intersection of Locust Grove Road and Franklin Road abutting the site. 7.2 The applicant will be required to pay all applicable platting and review fees prior to final approval. Shallow Creek AZ -14-008, PP -14-008 & CUP -I4-005 PAGE 27 EXHIBIT A C. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation and zoning to R-15 is consistent with the MU -C future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed R-15 zoning district and the multi -family use allowed in that district is consistent with the purpose statement of the residential district in that it provides for a range of housing opportunities. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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 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 11-511-3.E). The Council finds annexing this property with R-15 zoning district is in the best interest of the City as the property will be able to develop the project consistent with the vision of the Comprehensive Plan. Further, annexation this property will allow utilization of available City services and a reduction of enclave areas in this area 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. The plat is in conformance with the Comprehensive Plan and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. See Exhibit B of the Staff Reportfor more details from public service providers. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 28 EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because water and sewer and any other utilities will be provided by the developer at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services for/to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council does not find there are any significant natural, scenic or historic features that will be lost with development of the site. 3. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the multi -family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed multi -family residential use in the R-15 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the some area. The Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. The Council considered all public testimony presented to determine whether or not the proposal will adversely affect the Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 29 EXHIBIT A other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the City utilities into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 30 Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-012 ITEM TITLE: FINDINGS - HILL'S CENTURY FARM Findings of Fact, Conclusions of Law for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 55 PROJECT NUMBER: PP 14-014 ITEM TITLE: FINDINGS - HILL'S CENTURY FARM Findings of Fact, Conclusions of Law for Approval: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-040 ITEM TITLE: SCENTSY COMMONS SUBDIVISION Final Order for Approval: FP 14-040 Scentsy Commons Subdivision by Hotl, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts MEETING NOTES $' I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-042 ITEM TITLE: PARAMOUNT SUBDIVISION NO. 28 Final Order for Approval: FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District MEETING NOTES _LjJ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM TITLE: RESOLUTION NO. ITEM NUMBER: PROJECT NUMBER: VAC 14-006 lj-ko33 Resolution No. : VAC 14-006. A Resolution for the Vacation of the two (2) 5 -foot wide Public Utility, Drainage, and Irrigation (PUDI) Easements Located on the Common Lines between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision Located North of Chinden Boulevard and East of N. Jayker Way in the Southeast'/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. 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 2014-095962 BOISE IDAHO Pgs=4 BONNIE 11/26/201410:26 AM MERIDIAN CITY NO FEE II111111I111111IIIIIIII111111II1111IIIIII VIII III 00043597201400969620040041 CITY OF MERIDIAN RESOLUTION NO. P oC 1 `A- 103 3 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE TWO (2) 5 -FOOT WIDE PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENTS LOCATED ON THE COMMON LINES BETWEEN LOTS 7 AND 8, BLOCK 1 OF SPURWING RIM SUBDIVISION LOCATED NORTH OF CHINDEN BOULEVARD AND EAST OF N. JAYKER WAY IN THE SOUTHEAST '/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 18, 2014 the City Council of Meridian, held a hearing on the vacation of the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements located on the common lines between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision located north of Chinden Boulevard and east of N. Jayker Way the southeast 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements located on the common lines between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision located north of Chinden Boulevard and east of N. Jayker Way the southeast %4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, are hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". VACATION —SruawiNGRTm —VAC -14-006 PAGE 1 OF 1 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of QYrG , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. ATTEST: �& I U City. Clerk STATE OF IDAHO, ) ) ss County of Ada ) Mayor `�r�ilF.D A ACLS Q g �. SEALh, IRS de Weerd On this �D6Y day of �JOVembey- , 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. r SEAL j: .•' P -Q14 •�01o�SAR �I VACATION— SeuxWtNvivrg- RESIDING AT: "-C- 0(t0. rl 1 0 MY COMMISSION EXPIRES: Qqh PAGE 2 of 2 I0:4111b] Ir:\ August 7, 2014 i Mi Public utility, pressure Irrigation and lot drainage easements per Note 2 of the plat of Spurwing Rim Subdivision, as riled for record In Book 107 of Plats at Page 14783, records of Ada County, Idaho, located on Lots 7 and 8 of Block 1 of said subdivision, being strips of land 6.00 feet in width, adjacent to each side of the following described easement line: BEGINNING at a % Inch Iron pin marking the Northwest corner of Lot 7, Block 1 of said Spurwing Rim Subdivision, from which a 1/2 Inch Iron pin marking the southwest corner of said Lot 7 bears South 00028'32° West a distance of 125.00 feel; thence along the lot boundary common to said Lots 7 and 8 South 89°31'28" East a distance of 125.78 feel to a 1/2 Inch iron pin marking an angle point on said boundary; Thence continuing along Bald cornmun boundary South 00602'32° East a distance of 67.88 feel to a''/x inch iron pin on the westerly right-of-way of N. Spurwing Rim Place, the ENDING POINT of said easement line. Spurwing Rim — VAC 14-006 10,14:11C�lr_� I I i 8 FUlil VT,",:il;r5 FR£SSr<Rt 1R(Efi? p,Y fYA !CAYARA? EA.AW WBOAYR E IYA( 0,` $!"JRA>N: !vN .SUBfJ:"/}lpY I I I I I lRl;AC tMV%65. fh'ESSBNL .uYdw,AFCAV I A'10 for W,Wta {45jAlENT PfR I A'AT OJ SPURWWO RCN $VBAIM AY I I I � I NW CORNER LOT 7, BLOCK 1 \ \ BEGINNING POINT \ \ 1 47, Se1'2�9 SIT, �, LLLI��1., w. KJfibr YPOPCS PRfSSoBf fRR6ATi V A-0 IOr OA4i�4 bZ&P >t PER \ \ PLAT L4' SWR406 RIP SUB!A15 v TO Bt YA A7EO PAC UPOPiS,, PRFSSUR6 1RR12AW,' Am IOT DRf.'h'A§E f4spoir PER Pw 5 SPO,4bd4b R'N Sf1B�;YYS,VN -< 7 / `�s / ENDING / ���j��j�1jljjl lljjll¶I jj�j[{} � 1tI1LLLL LdL�W1 FA$ELIENf AREA TO BE VACATED I r t r -luat U 414 !'RESyvRx /�7RK.ArXA'/ I Aho 40( 0f S0aYA EA56 N£/A PER RJR 4C . . !TA( OF RFV ,CS�44i�h' i ScAl 1"-30 LOTS 7 & a, BLOCK 1 onsutE 08/07/14 bkb SPURWING RIM SUBDIVISION YRO, Im 1408as PROPOSED EASEMENT VACATION 1 0(: 1 LOCATED IN THE $E 1/4 OF $ECTION 22 T.4N., RAW., 8,k1. Spurwing Rim - VAC 14-006 ENGINEERING SOLUTIONS. ST.. Sir 100 Pra. (me) on -ow rm Meridian City Council Meeting DATE: November 25. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CHILD CARE IN IDAHO - IdahoSTARS Discussion Regarding Child Care in Idaho by the IdahoSTARS Project MEETING NOTES v) Sc�✓� , C &,",- fky Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDAHO STARS Quality Child Care Matters ■ Ages 0-5 are the the most critical years for brain development for a child ■ 90% of the brain develops during these years IDAHO STARS Quality Child Care Matters ■ Quality early learning translates into direct returns for our economy and society ■ 60% of Idaho's young childre sort of child care IDAHO STARS n are in some State of Idaho Childcare By Idaho law, providers are defined by offering care to seven or more children and receiving compensation for even one of those children. Child care providers must complete four hours of ongoing professional development training every 12 months Background check First aid/ CPR certification Health / Fire check ■ Cities have the option to implement their own their standards, as long as they are compliant with minimum requirements of the state IDAHO STARS Idaho Cities with Child Care Licensing ■ Ammon ■ Boise ■ Chubbuck ■ Coeur d'Alene ■ Moscow ■ Lewiston ■ Pocatello ■ Idaho Falls Suggested Child Care Policies ■ Additional physical activity/ limited screen time standards ■ Additional nutritional standards ■ Plan for children with diverse abilities ■ Additional training hours for staff and directors ■ Parent involvement/ communication IDAHO STARS Advocacy ■ Help us by encouraging quality for friends, family and community ■ Share the importance of early learning and quality child care environments IDAHO STARS V a 77 4 How IdahoSTARS can help Leading expert and referral source for quality child care in Idaho IdahoSTARS steps to quality offers pathway for providers to improve quality Offers professional development and training for child care providers Agency for child care licensing in Idaho IDAHO STARS Amanda Watson, Red Sky 1ZED SKY ASERAlE01C COMMUNICATION AGENCY ■ IdahoSTARS Communications/ Marketing/ Advocacy Contractor ■ amandawatson@redskypr.com ■ 208-407-8850 Beth Oppenheimer, Idaho AEYC ■ Director of Idaho Association for the Education of Young Children ■ bo-Ppenheimer&idahoaeyc.org ■ 208.338.4710 ** IDAHO STARS Meridian City Council Meeting DATE: November 25. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: REPUBLIC SERVICES UPDATE Republic Services: Grass Recycling Program Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS qR-4 REPUBLIC b0i SERVICES Meridian City Council Grass Recycling Pilot Program Update Prepared for the Meridian City Council by Rachele Klein, Republic Services Business Development Manager November 2014 • Grass Recycling Program started July 2013 in Meridian, Eagle and Boise Optional curbside service for residents 267 Meridian households currently participate in the program (593 in all service areas) • 95 and 48 gallon carts available • Trash can colors with tan lids (Meridian customers w/ 48 gal. cart will get grey with tan lid) • Grass collected on regular trash day, weekly Cart has three, year-round uses: o Grass only (April — October) — Note: This is not a green waste, composting cart. o Leaves only (November, during municipal program) o Overflow trash (after leaves — March) o Customers must commit to rinsing cart before grass starts April I sc $7.95/month o Republic Services billed participating Meridian residents quarterly (customers paid $4 more per month for grass service if they decreased trash service from 95 gallons/week to 32 or 65 gallons/week). Customers were asked to cut their grass as close to their service day as possible. Customers were asked to use earth friendly/animal friendly fertilizers and pesticides (like Zamzow's products) and apply according to label. No: dirt, rocks, pet waste, food scraps, leaves, weeds, woody debris or hazardous chemicals in grass cart. Customers self-selected in to this program so this was not a problem. • Republic Services transported the grass clippings to a pit in unincorporated Ada County where they were compacted and tarped. This is a silage process: freshly cut green grass will be fermented to retain its moisture. The process is similar to pickling — freshly cut grass clipping are packed tightly to squeeze air out. Rapidly filling the silage pit allows the continued weight of the forage materials to compress and eliminate air pockets. Reducing air exposure and covering the grass with a tarp prevents it from getting moldy. Silage can be stored under anaerobic conditions for long periods of time. Acids, such as lactic acid, that are good for the cattle, are preserved in the silage during storage. Grass silage is a good source of nutrition. After several months, the grass can be used as food for COWS. During the first year we did not have enough grass to warrant silage testing. Instead, a portion of the grass was ground in with corn cobs to control moisture and fed to cattle. The majority of the grass, however, was land applied and tilled in to nutrient poor fields in south Ada County. Feedback from participants in the grass -only recycling program has been positive. Republic Services respectfully requests permission to move forward with this grass recycling pilot program in to a second year. Meridian Interchange Barrier Design City Council 11/25/2014 "Short" Design Pattern Option LAW UWE LAW UNE UNE LAW UNE UWE UWE UNE 304 Stainless Steel, Powder Coated Note: Concept shown with 304 Stainless Steel, Powder Coated stimate I Projected Increase " I or Total t. 000 316 Stainless Steel, Untreated $ 41,850 $13,550 Change order process will increase base estimate. Value is a guess until that process occurs. $55,400 "Full" Design Pattern Option EYE UK LAW EAIE LAE ME ME ME ME ME 304 Stainless Steel, Powder Coated Note: Concept shown with 316 Stainless Steel, Untreated stimate I Projected Increase "MTotal II 316 Stainless Steel, Untreated $ 58,900 $18,100 Change order process will increase base estimate. Value is a guess until that process occurs. $77,000 Original Design Meridian Road Interchange Overpass Various species and sizes of birds of prey, natwal to the Snake Rtn habitat,willbewed fe.temotion and continuity. Al be wed with a ite theseulpt. The design represents the Snake River and the natural textures and colorsfound in tke surrm cling wiWlfe. This ua sample designaf whet tha blydswlll look like. lk Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25. 2014 ITEM TITLE: JUMP CREEK ITEM NUMBER: PROJECT NUMBER: AZ 14-0 Public Hearing Continued from November 5, 2014: 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 MEETING NOTES 6. C) Vis, o Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25, 2014 ITEM NUMBER: $B PROJECT NUMBER: PP 14-013 ITEM TITLE: JUMP CREEK Public Hearing Continued from November 5, 2014: 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 MEETING NOTES LIJ �b4i �v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE, E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 25. 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-008 ITEM TITLE: ORDINANCE - SHALLOW CREEK SUBDIVISION Ordinance No. lq- 16-3.D_ : An Ordinance (AZ 14-008 Shallow Creek Subdivision) for the Annexation and Rezone of a Parcel of Land Being a Portion of the NW 1/4 NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-15 (Medium -High Density Residential District); 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 2014-095961 BOISE IDAHO Pgs=6 BONNIE 11126/201410:26AM MERIDIAN CITY NO FEE III11111 II I III IIIIIIIIIIIII II III 11111111111111 III 00043696201400969610060067 CITY OF MERIDIAN ORDINANCE NO. fq - I (j3;k_ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-008 SHALLOW CREEK SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING A PORTION OF THE NW '/a NW % OF SECTION 17, 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-15 (MEDIUM-HIGH 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: BCS Properties, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-15 (Medium -High 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 — SHALLOW CREEK SUBDIVISION (AZ 14-008) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,2 day of 2014. MAYO MMY de WEERD ATTEST: Ae(�0+1141F.IDIA'N*- o 11111- ;; * a a rJ . Cityuf Jrj�'� � \\IUAJ119 JAYC . HOLMAN, CITY CLE SES �,'I4i vRG�o� ANNEXATION — SHALLOW CREEK SUBDIVISION (AZ 14-008) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this 5 day of N oyP nv >e2 , 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. JoAr•. (SEAL) ; �j� p�ARs '��: RESIDING AT: MY COMMISS ANNEXATION — SHALLOW CREEK SUBDIVISION (AZ 14-008) Page 3 of 3 EXHIBIT A Exhibit A Annexation Legal Description 7Son�. professionalEngi:eers,LandS:WeyorsandPlanneta tan ieI , Cera `J 8283RD St. SauOr, IJerrpa,IDB3&51 Ph(20B)464-OM Fax (208) 454-0879 N --amen: dhobhcvOmsensu FOR: Syriogn Crack 11.0 108 NO.: AU0713 DATE: May 02, 2/114 ANN=ATIONPARCEL An annexation parcel of land being a portion of the NWI/4 NWI/4 of Section 17, Township 3 North, Range I Bart, Borne Meridian, Ada County Idaho, more particularly described as follows: BEGINNING at the northwest cemer of the NWI/4 NWI/4; Them 8985610"Ea distance of 240.01 feet along the north boundary of the NWI/4 NWI/4 to ' point; Thence S 00' 31' 11" W a distance of 185.01 feet parallel with the west boundary of the NWI/4 NW 114 to a point; Thrace S 890 56' 10" B a distance of 345.45 feet parallel with the north boundary of the NW114 N W1/4 to a point on she approximate aracr imof Five Mile Creek; Thence along the approximate centerline of Five Mile Crack the following owuses and distances; Them S 440 38'2r E a distance of 44.34 fat to a point; Thence S 36" 23'10" E a distance of 119.84 fat to a point; ThenceS 16" 22' 57" B a distance of 292.73 fat to a point; Thaws leaving approximate ceatealineofFive Milo Crock N 890 56'10" W a distance of 391.10 feet parallel with the north boundary of the NWI/4 NWI/4 to a point; Thence N 00" 31' 11" E a distance of 113.74 feet parallel with the wen boundary of the NWI/4 NWI/4 to a point; MAWN&SruXTIANC rAUP 2,Ca5f MYL1eSAFMA R5 rwida Shallow Creek AZ -14-008 EXHIBIT A Thence 99056 10' W a distance of 382.88 feet pamilel with the north boundary of the NWI/4 NWl/4 to 8 polnton the west hoondaryof the NW114 NWI/4; 77sna N 006 31'118 E a distance of 479.96 feet along the west bosdwy of the NW V4 NWI/4 to the POINT OF ESGE MG. Thls annexation parcel oontains 6.61 acres mora or lus. Va9onr5TAMr.tA W r'xa=ammu*AN taro o.Ra.ra Shallow Creek AZ -14-008. lM/11: YID: Shallow Creek AZ -14-008 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- /D3� PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being a portion of the NW '/4 NW '/4 of Section 17, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 6.61 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 250 - day of3j a6M nom, 2014. 0001. 9 AUCfI.S j.I J" Mayor and City Council U' "� 1✓I`PH� W By: Jaycee L. Holman, City Cler , sr,hL CPy First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES i/ NO Second Reading: — Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- /63.;1- 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. 14-_ /� 32 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 25 day of 2014. 1.3dl .'/Z William. L.M. Nary City Attorney ORDINANCE SUMMARY -SHALLOW CREEK SUBDIVISION (AZ 14-008) Meridian City Council Meeting DATE: November 25. 2014 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS