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2015-07-07
C�/((ENt s V CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 07, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird O Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of May 26, 2015 City Council Meeting B. Approve Minutes of June 2, 2015 City Council Meeting C. Approve Minutes of June 16, 2015 City Council Special Joint Meeting D. Approve Minutes of June 16, 2015 City Council Meeting E. Approve Minutes of June 23, 2015 City Council Meeting F. Approval of Fire Alarm Monitoring and Service Agreement for the new Meridian Police Department Public Safety Training Center to Tyco/Simplex Grinnell for the Not -To -Exceed amount of $1,345.00.00 G. Approval of Change Order 1 "WWTP Safety Upgrades" to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $11,072.00. H. Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades — Water SCADA Application Development" to DC Engineering in the Not -To -Exceed amount of $20,900.00 Meridian City Council Meeting Agenda — Tuesday, July 07, 2015 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Approval of Award of Bid and Agreement to Loprest Water Treatment Co. for the "Well 27 Water Treatment Filter Equipment" Project for a Not -To - Exceed amount of $574,700.00 J. Approval of Award of Bid and Agreement to Custom Electric, Inc. for the "Well 15, Well 18 and Well 26 Control System Upgrades" Project for a Not - To -Exceed amount of $127,870.00 K. Scentsy Warehouse No.3 Water Main Easement L. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Katie Anderson's "Fall on the Farm" M. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Jessica Irvine's "Girl and the Balloons" N. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Madeline Denniston's "Opaque" O. Interagency License Agreement for Ada County Highway District (ACHD) use of City's Lighting Conduit at no Cost P. Development Agreement Decatur Estates AZ -15-002 Q. Development Agreement -Hill Properties/Century Farm School -AZ -15-004, RZ-15-007 Moved to Item 7Q - Approved R. Findings of Fact, Conclusions of Law: AZ 15-003 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Annexation and Zoning of 30.21 Acres of Land with an R-4 Zoning District S. Findings of Fact, Conclusions of Law: PP 15-005 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Preliminary Plat Approval Consisting of Seventy -Eight (78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres of Land T. Findings of Fact, Conclusions of Law: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning District U. Findings of Fact, Conclusions of Law: PP 14-018 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Preliminary Plat Approval Consisting of Thirty -One (31) Building Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land in a Proposed R-8 Zoning District Meridian City Council Meeting Agenda — Tuesday, July 07, 2015 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. V. Findings of Fact, Conclusions of Law: PP 15-008 Normandy Subdivision by Schultz Development Located at 4145 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of 110 Building Lots and 9 Common Lots on 26.93 Acres of Land in an R-8 Zoning District W. Final Order for Approval: FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 1/4 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District X. Final Order for Approval: FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 1/4 of Section 30, Township 3N., Range 1E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District Y. Final Order for Approval: TEC 15-002 Pinebridge Subdivision by B.W. Meridian, Inc. Located East Side of N. Locust Grove Road, South of E. Fairview Avenue and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Z. Final Order for Approval: FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC Located South of W. Overland Road and East of S. Linder Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Four (4) Common Lots on 12.51 Acres of Land in the R-8 Zoning District AA. Final Order for Approval: FP 15-020 Paramount Square Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Final Plat Approval Consisting of Twenty (20) Commercial Buildable Lots and One (1) Multi -Family Residential Lot on Approximately 31.95 Acres in the C -G and R-40 Zoning Districts BB. Resolution No. 15-1072: VAC 15-006 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Vacate Existing Easements Platted with Zaldien Zerua Subdivision CC. Resolution No. 15-1073: A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for approximately 87.01 acres of Land from Low Density Residential (LDR) to Mixed Use - Neighborhood District (MU -N). Said land is known as Hill Properties and is Generally Located on the East Side of S. Eagle Road and the South Side of E. Amity Road in the Meridian City Council Meeting Agenda — Tuesday, July 07, 2015 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Northwest '/4 of Section 33, Township 3 North, Range 1 East, Meridian, Idaho, Ada County. DD. Broadview University Space Use Agreement for City of Meridian Town Hall Meeting 6. Community Items/Presentations A. Solid Waste Advisory Commission: SWAC Project Application for Meridian Community Recycling Funds for a Park Bench in the Storey Dog Park. 7. Items Moved From Consent Agenda Item 5Q Moved Here - Approved 8. Action Items A. Continued from June 23, 2015: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty - Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District Approved B. Public Hearing: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 114 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District Approved C. Public Hearing: AZ 15-005 Stonesthrow Subdivision by Steve Arnold Located Approximately 114 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Annexation and Zoning of 10.26 Acres of Land with an R-40 Zoning District Approved D. Public Hearing: PP 15-006 Stonesthrow Subdivision by Steve Arnold Located Approximately 114 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Preliminary Plat Approval Consisting of Thirty -Five (35) Building Lots and Six (6) Common Lots on 9.22 Acres of Land in the R-40 Zoning District Approved E. Public Hearing: CUP 15-009 Stonesthrow Subdivision by Steve Arnold Located Approximately 114 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Conditional Use Permit Approval for a Multi -Family Development in the R-40 Zoning District Consisting of 140 Dwelling Units Approved F. Public Hearing: VAC 15-007 Erickson Vacation by Leroy Erickson Located 3056 N. Sunny Side Place Request: Vacate a Portion (4'X 24' area) of the 10 - Meridian City Council Meeting Agenda — Tuesday, July 07, 2015 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary Lot 10, Block 3 Platted with Staten Park Subdivision G. Public Hearing: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L -O Zoning District to the R-15 Zoning District Continued to July 21, 2015 H. Public Hearing: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District Continued to July 21, 2015 9. Department Reports A. Mayor's Office: Resolution No. 15-1074: A Resolution Appointing Ryan Hall to Seat 2 of the Meridian Transportation Commission Approved B. Mayor's Office: Resolution No. 15-1075: A Resolution Appointing Bryan L. Leisle to Seat 7 of the Meridian Transportation Commission Approved C. Mayor's Office: Budget Amendment for the Youth Farmers Market in the Not -to -Exceed Amount of $13,000.00 Approved D. Fire Department: Budget Amendment for Multi -Agency Master Plan for the Not -to -Exceed Amount of $20,000.00 Approved E. Fire Department Budget Amendment for Public Education/Prevention for the Not -to -Exceed Amount of $23,220.00 Approved F. Fire Department: Budget Amendment for Bicycle Medic Program for the Not -to -Exceed Amount of $16,232.00 Approved G. Legal and Fire Departments: Memorandum of Understanding and Agreement between the City of Meridian and the Meridian Rural Fire Protection District for FY 2015-2016 Approved H. Legal Department: Budget Amendment for FY 2015 for the Not -to -Exceed Amount of $50,000.00 for Outside Legal Expenses Approved 10. Ordinances Meridian City Council Meeting Agenda —Tuesday, July 07, 2015 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Ordinance No. 15-1649: An Ordinance (AZ 15-002 Decatur Estates) for the Annexation and Rezone of a Parcel of Land being the SE 1/4 of the NE 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho Establishing and Determining the Land Use Zoning Classification of Said Land to be R-4 (Low Density Residential) for 39.76 acres known as the Decatur Estates Approved B. Ordinance No. 15-1650: An Ordinance (AZ 15-004 Hill Properties) for Annexation and Rezone of a Parcel of Land being a Portion of the North 1/2 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of 43.2 Acres of Said Lands from RUT to R-8 (Medium Density Residential District) and 35.4 Acres from RUT to C -N (Neighborhood Commercial Zoning District Approved C. Ordinance No. 15-1651: An Ordinance (RZ 15-007 Century Farm School) for Rezone of a Parcel of Land Situated in a Portion of Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 8.39 Acres of Land from R-8(Medium Density Residential District) to C -N (Neighborhood Commercial District Approved 11. Future Meeting Topics Adjourned at 7:34 p.m. Meridian City Council Meeting Agenda —Tuesday, July 07, 2015 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 7, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 7, 2015, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, and Luke Cavener. Members Absent: Mayor Tammy de Weerd and Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Kyle Radek, John Overton, Mark Niemeyer, Perry Palmer, David Jones, Mike Barton, Robert Simison and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird Genesis Milam _X_ Lucas Cavener Mayor Tammy de Weerd Rountree: Good evening. I'm going to open the Tuesday, July 7th, meeting of the Meridian City Council. Welcome all of you to the meeting. Glad to have you and hope you enjoy the air conditioning. It's a lot nicer in here than it is outside. I will start this evening with roll call. Madam Clerk. Item 2: Pledge of Allegiance Rountree: If you would all rise and join me in the Pledge of Allegiance (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Rountree: Next, if you would, join us in the community invocation. We will be led this evening by Larry Woodard from the Ten Mile Christian Church. Larry, welcome this evening. Glad you're here. Woodard: Always a pleasure. What did you do, run off the female side of this Council? Rountree: Really, I hadn't thought about that, but you must be right. Woodard: Let's pray. Our Dear Heavenly Father, you have blessed this Council and its Mayor with wisdom and leadership skills and it's reflected in our beautiful and safe city. Meridian City Council July 7, 2015 Page 2 of 43 As we celebrated our nation's independence a few days ago, it also reminded us of our dependence on you. I pray tonight that you continue to keep us safe, especially our children. Tonight I also want to pray for those who work for the city, who come each day to fulfill tasks that no one else can do, from answering questions about legal forms, to reviewing plans, to questions about policing or fire safety. I thank you for the clerks who have children at home and come every day to do their jobs. Keep them and their families safe. Tonight I pray for the items on the agenda. To a casual visitor they may not look like much, but to some it may reflect their life's goals. I pray for sound,judgment as plans are reviewed. The city is also doing budgeting and I pray that they will ponder the best allocation of funds. On the Fourth of July my family and I observed more fireworks driving home after the city fireworks at the race track than we had seen in our over 20 years in Meridian. It was beautiful, but we wondered if the people of our city was in effect saying we are Americans and we are proud of it. Our beliefs that have carried us this far will not be taken from us. Our forefathers on July 4th, 1776, stepped out on a balcony and watched fireworks when they declared themselves free from Great Britain and I sense that same independent streak is alive and well in Meridian. I pray that we will safeguard -- that you will safeguard our emergency personnel. I cannot imagine a wife or a husband sending their spouse out each day to be the first on the scene of a crime, a wreck, or a fire. May they be comforted when they hug and say goodbye each day. We are blessed with a city that is led by this Council and how well they work together. I pray that this common respect for one another continues. The face of our city is changing. With more apartments and fewer single family homes, help us as a people to adjust to this fundamental change in our city. Lord, strengthen us when we feel weak and give us resolve when are uncertain in our thinking, in Jesus' name, amen. Rountree: Thank you, Larry. Woodard: You bet. Item 4: Adoption of the Agenda Rountree: Next item on the agenda is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On our agenda on Item No. -- under the Consent 5-Q, we would like to pull that for some explanation to 7-Q. Under 8-G, that has been requested to be moved to July 21st, which we will take care of at the proper time and also 8-H has been asked to be removed to July 21st. Under 9-A, the resolution number is 15-1074. Item 9-B the resolution number is 15-1075. And the -- Rountree: The resolutions on the Consent Agenda. Bird: Beg your pardon? Meridian City Council July 7, 2015 Page 3 of 43 Rountree: The resolutions. Bird: Oh, I'm sorry. I forgot them. Go back to the Consent Agenda. BB is Resolution No. 15-1072 and CC 15-1073. Under 10-A the ordinance number is 15-1649 and on 10-13 the ordinance is 15-1650 and that has been changed to be 43.2 acres from RUT to R-8 and 35.4 acres from RUT to C -N and the city attorney will explain that when we get ready to read it. And also under 10-C, the ordinance number is 15-1651. With that -- changes I would move we approve the agenda. Cavener: Second. Rountree: It's been moved and seconded to approve the agenda. All those in favor of the motion signify by aye. Opposed same sign. Very good. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of May 26, 2015 City Council Meeting B. Approve Minutes of June 2, 2015 City Council Meeting C. Approve Minutes of June 16, 2015 City Council Special Joint Meeting D. Approve Minutes of June 16, 2015 City Council Meeting E. Approve Minutes of June 23, 2015 City Council Meeting F. Approval of Fire Alarm Monitoring and Service Agreement for the new Meridian Police Department Public Safety Training Center to Tyco/Simplex Grinnell for the Not -To -Exceed amount of $1,345.00.00 G. Approval of Change Order 1 "WWTP Safety Upgrades" to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $11,072.00. H. Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades — Water SCADA Application Development" to DC Engineering in the Not -To -Exceed amount of $20,900.00 Approval of Award of Bid and Agreement to Loprest Water Treatment Co. for the "Well 27 Water Treatment Filter Equipment" Project for a Not -To -Exceed amount of $574,700.00 Meridian City Council July 7, 2015 Page 4 of 43 J. Approval of Award of Bid and Agreement to Custom Electric, Inc. for the "Well 15, Well 18 and Well 26 Control System Upgrades" Project for a Not -To -Exceed amount of $127,870.00 K. Scentsy Warehouse No.3 Water Main Easement L. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Katie Anderson's "Fall on the Farm" M. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Jessica Irvine's "Girl and the Balloons" N. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Madeline Denniston's "Opaque" O. Interagency License Agreement for Ada County Highway District (ACHD) use of City's Lighting Conduit at no Cost P. Development Agreement Decatur Estates AZ -15-002 R. Findings of Fact, Conclusions of Law: AZ 15-003 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Annexation and Zoning of 30.21 Acres of Land with an R-4 Zoning District S. Findings of Fact, Conclusions of Law: PP 15-005 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Preliminary Plat Approval Consisting of Seventy -Eight (78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres of Land T. Findings of Fact, Conclusions of Law: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning District U. Findings of Fact, Conclusions of Law: PP 14-018 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Preliminary Plat Approval Consisting of Thirty - One (31) Building Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land in a Proposed R-8 Zoning District V. Findings of Fact, Conclusions of Law: PP 15-008 Normandy Subdivision by Schultz Development Located at 4145 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Meridian City Council July 7, 2015 Page 5 of 43 110 Building Lots and 9 Common Lots on 26.93 Acres of Land in an R-8 Zoning District W. Final Order for Approval: FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 114 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District X. Final Order for Approval: FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 114 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District Y. Final Order for Approval: TEC 15-002 Pinebridge Subdivision by B.W. Meridian, Inc. Located East Side of N. Locust Grove Road, South of E. Fairview Avenue and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Z. Final Order for Approval: FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC Located South of W. Overland Road and East of S. Linder Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Four (4) Common Lots on 12.51 Acres of Land in the R-8 Zoning District AA. Final Order for Approval: FP 15-020 Paramount Square Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Final Plat Approval Consisting of Twenty (20) Commercial Buildable Lots and One (1) Multi -Family Residential Lot on Approximately 31.95 Acres in the C -G and R-40 Zoning Districts BB. Resolution No. 15-1072: VAC 15-006 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Vacate Existing Easements Platted with Zaldien Zerua Subdivision CC. Resolution No. 15-1073: A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for approximately 87.01 acres of Land from Low Density Residential (LDR) to Mixed Use - Neighborhood -District (MU -N). Said land is known as Hill Properties and is Generally Located on the East Side of S. Eagle Meridian City Council July 7, 2015 Page 6 of 43 Road and the South Side of E. Amity Road in the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Meridian, Idaho, Ada County. DD. Broadview University Space Use Agreement for City of Meridian Town Hall Meeting Rountree: Next item on the agenda is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: The Consent Agenda, as noted before, Item Q was pulled to 7-Q. The resolutions for BB and CC were 15-1072 and 15-1073 and with that I move we approve the Consent Agenda and for the President to sign and Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote, please. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Solid Waste Advisory Commission: SWAC Project Application for Meridian Community Recycling Funds for a Park Bench in the Storey Dog Park. Rountree: Next item on the agenda is a community presentation from the Solid Waste Advisory Commission and, Steve, you're here to give that I will bet. Good to see you. Cory: Mr. President, Members of the City Council, thank you for this opportunity. I bring you greetings from the Solid Waste Advisory Commission and I bring before you specifically a request for funding. SWAC has approved this request and recommends your approval. The request is from Parks and Recreation to provide a bench to be placed in the entrance area to the dog park portion of Storey Park. SWAC has reviewed the request and determined that it is consistent with the goals of the Community Recycling Fund and it provides visibility to the fund and should help us in the continued work with that fund. You have a -- the copy of the package requesting funding for this in front of you, so I won't go into details on it, but I do report to you that SWAC gives a do pass Meridian City Council July 7, 2015 Page 7 of 43 recommendation on this and I and Mike Barton from Parks and Recreation would stand for questions on the request if you have any. Thank you Rountree: Thanks, Steve. Any questions for Steve? I just had one question. So, the recycle fund is solvent? Cory: Well, we still have from when times were good about 1,150 dollars and this will spend a thousand dollars of that. So, we are suffering at this point for numerous reasons why recycling is not bring funding in, including the current work slow down at the ports on the west coast and our good senator is working on that issue. So, hopefully, we can get things back into a good position. Rountree: Verygood. Thank you. Any further questions? Bird: I have none. Rountree: Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I would move we approve the SWAC committee project of recycling funds for the park bench in the Storey Dog Park. Cavener: Second. Rountree: It's been moved and seconded to approve Item 6-A. Roll call. Loss the city clerk. I will call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Thanks, Steve. Cory: Members of the Council, thank you for your support. Item 7: Items Moved From Consent Agenda Q. Development Agreement -Hill Properties/Century Farm School - AZ -15-004, RZ-15-007 Moved to Item 7Q - Approved Rountree: Next item on the agenda was moved from the Consent Agenda, is now 7-Q. Who is going to address that? Meridian City Council July 7, 2015 Page 8 of 43 Nary: Mr. President, I will. Rountree: Okay. Nary: Mr. President, I wanted to just make sure it was clarified on the record -- on the development agreement for the Hill Properties, the Century Farms school, when you heard this -- when you heard the public testimony we were talking about a portion of the property and the -- and we wanted to make sure it was clarified as to the -- the acreage that's listed in both the ordinance, as well as the development agreement. A portion of that property that's in the current agreement was previously annexed part of the first annexation that was done with the Hills Century Farm. We have requested that the applicant now do a development agreement modification to the original one to make sure we move that acreage from the development agreement one to the current one. So, we wanted to just make sure it was clear on the record -- felt in reading through them it appears that the -- or the property -- acreage that are listed are inconsistent, but it's the reasons that we will get that cleaned up with the other property. We didn't want to hold up this project by waiting for the modification. They have already began the process to do that modification to get that completed, but we wanted to make sure on the record that -- why there was some disparities or differences in the acreage amounts that were listed. So, it was just a clarification. We wanted to make sure he was aware. If I missed anything Ms. Watters could add to it, but I think our -- we just wanted to make sure it was clear to everyone. Rountree: Okay. Sonya, do you have anything in addition to add? Any questions? Bird: I have none. Mr. President. Rountree: Mr. Bird. Bird: When -- I do have one for Bill. We can do the DA and the RZ at the same time, can't we, to approve it? Nary: Yes. Yes. Bird: I move that we approve AZ 15-004 and RZ 15-007. Borton: Second. Rountree: It's been moved and seconded to approve Item 7-Q. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council July 7, 2015 Page 9 of 43 Rountree: And for the clerk's information, Item 6-A was approved by roll vote of aye from all councilmen. Item 8: Action Items A. Continued from June 23, 2015: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty -Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R- 8 Zoning District Rountree: All right. We are going to move into the action items now. First item on the agenda, Item 8-A, continued from June 23rd. Sonya. Watters: Thank you, President Rountree. The first application before you tonight is a final plat application. The applicant -- this is for Caven Ridge Subdivision, preliminary platted as Cavenaugh Subdivision. The applicant did submit written testimony in response to the staff report. They are in agreement with the staff report. However, we received that letter after the deadline for the Consent Agenda. Would you like me to go over the staff report? Rountree: I don't see any heads nodding in the affirmative, so we are good. Any further questions? Bird: I have none. Rountree: All right. Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve FP 15-022. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-A. Roll call? Roll call vote, please. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Next item -- for the folks out there in the audience I failed to bring this up, but Items G and H on the Avebury Subdivision has been requested to be continued. So, that Meridian City Council July 7, 2015 Page 10 of 43 hearing will be continued until July 21st. If you wish to give testimony tonight we can take it, but it's not really going to be it for the record. Applicant failed to post the property in accordance with our ordinance, so it has to be continued until the property is posted for a public hearing. So, if anybody in the audience is here for that this evening, I would say enjoy the rest of the evening on your way home and look forward to coming back on the 21st. Sorry I didn't make that announcement after the agenda was approved and I see that at least a few folks are here for that. B. Public Hearing: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1l4 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District Rountree: All right. Back to Item 8-B, public hearing for Dunwoody. Sonya. Watters: Thank you, President Rountree, Councilmen, the next application before you is a request for annexation and zoning. This site consists of 1.57 acres of land. Currently zoned RUT in Ada County and it's located about a quarter mile south of East Chinden Boulevard on the east side of North Locust Grove Road. The applicant has submitted the annexation and zoning request for 1.57 acres of land with an R-2 zoning district consistent with the corresponding future land use map designation of low density residential for the site. A conceptual site and landscape plan was submitted for this application that depicts one new single family home and a 25 foot wide landscape buffer along North Locust Grove Road. Access is proposed via Locust Grove as there is not local street access available to the property. Staff is requesting a five food wide detached sidewalk is constructed along Locust Grove as a provision of annexation. Staff is recommending, along with the Commission, approval of the requested annexation and zoning with a development agreement that includes the provisions listed in the staff report. At the Commission hearing Mike Williams, the applicant, testified in favor of the application. No one testified in opposition or commented. Written testimony was also received from Mike Williams, the applicant, in agreement with the staff report. There was no items of discussion by the Commission, nor were there changes to the staff recommendation. No written testimony has been received since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Questions? Bird: I have none, Mayor -- or President. Rountree: Close enough. Is the applicant here? Good evening. Williams: Good evening. Rountree: If you would give us your name and address, please. Meridian City Council July 7, 2015 Page 11 of 43 Williams: My name is Michael Williams and my wife Linda Williams. Our current address is 3819 Collister in Boise, Idaho. 83703. Rountree: Very good. Williams: Future location is Lot 5. Hopefully soon will have an address. Rountree: And you have indicated you are in agreement with the staffs recommendation? Williams: That's correct. Rountree: Okay. Any questions? Bird: I have none. Rountree: Have none? Well, thank you for being here and we will see what happens. Williams: Thank you. Rountree: I have Michael and his wife here in favor and I have Rex. Is Rex in the audience? Apparently not. So, anyone else in the audience that wishes to give testimony on this particular item? Seeing none. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on AZ 15-006. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on this item. All those in favor of the motion signify by aye. Opposed? Passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 15-006 and to consider all staff, applicant comments. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-B. Roll call vote. Meridian City Council July 7, 2015 Page 12 of 43 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: AZ 15-005 Stonesthrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Annexation and Zoning of 10.26 Acres of Land with an R-40 Zoning District D. Public Hearing: PP 15-006 Stonesthrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Preliminary Plat Approval Consisting of Thirty -Five (35) Building Lots and Six (6) Common Lots on 9.22 Acres of Land in the R-40 Zoning District E. Public Hearing: CUP 15-009 Stonesthrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Conditional Use Permit Approval for a Multi -Family Development in the R-40 Zoning District Consisting of 140 Dwelling Units Rountree: Next item on the agenda would be Items C, D and E, public hearing for Stonesthrow Subdivision by Steve Arnold. Staff? Watters: Thank you, Chairman Rountree, Members of the Council. The next applications before you are a request for annexation and zoning, preliminary plat, and conditional use permit. This site consists of 9.22 acres of land. It's currently zoned RUT in Ada County and is located approximately a quarter of a mile south of East Fairview Avenue on the west side of the North Mt. Hood Avenue. The applicant proposes to annex and zone 10.26 acres of land with an R-40 zoning district, consistent with the goals and policies of the Comprehensive Plan and the high density residential future land use map designation for this site. A 41 lot preliminary plat consisting of 35 building lots and six common lots is proposed on 9.22 acres of land. The plat is proposed to develop in three phases, as shown on the phasing plan there at the upper right-hand corner. Access is proposed via North Mt. Hood Avenue along the east boundary of the site and the extension of East Florence Drive at the west boundary through the site. Both local streets. Several driveways are proposed via East Florence Drive. A traffic impact study was submitted to and reviewed by ACHD, which included the single family residential project to the east across Mt. Hood.called White Cloud Subdivision. The ACHD report states all existing local streets will operate within ACHD acceptable level of service thresholds for local streets. A conditional use permit is requested for a multi -family residential development consisting of total of 140 dwelling units, with a mix of two and three bedroom units in an Meridian City Council July 7, 2015 Page 13 of 43 R-40 zoning district. The site plan depicts a total of 35 two story four-plex structures, with a clubhouse containing an office, exercise facility, recreation room, food preparation and outdoor seating area. A swimming pool, pathways, a Bocce ball court, raised planter beds, plaza and sitting areas, a half basketball court, or volleyball court and possibly a dog run as site amenities. Since the Commission hearing the applicant submitted a revised plan as shown that complies with the minimum qualified open space and site amenity requirements for the subdivision, as well as a multi -family development. Parking is proposed in accord with UDC standards. Parking lot landscaping, as well as landscaping along the foundation of all street facing elevations is required. The site plan before you shows the covered parking spaces in the boxed areas here and these are just some photos of the site amenities proposed. Conceptual building elevations and pictures were submitted for the residential and clubhouse structures within this development as shown. These are the multi -family. There are three different designs of the residential structures proposed, consisting of a pinwheel design, modified pinwheel, which there is not an entry on the backside of the structure, only a patio. Structures that abut existing residential properties along the south and west boundaries and a modern design. The proposed structures have the appearance of single family homes, rather than apartments. Building materials are proposed to consist of a mix of fiber cement board and batten and/or shingle style siding, horizontal lap siding and trim and fascia with architectural grade asphalt shingles. And this also is the clubhouse elevations here. The Commission did recommend approval of these applications at their hearing. Steve Arnold testified in favor, the applicant's representative. In opposition several folks testified. Excuse me if I mispronounce anybody's names. Alvera McClain, Georgia Lett, Linda Monroe, Ruby Strubal, Deborah McKnight, Ray Valenti, Emory Helm, Richard Salisbury, Patricia Jennings, Randy Jennings, Doug Peterson, Floyd Culver, Robert Stucker, Scott Kim, Delores Sass, Megan Ward and Ken Sansoucie. Written testimony was received from Steve Arnold in response to the staff report. A petition was submitted from adjacent property owners in Crossroads Subdivision. Testimony was received from Emory and Pamela Helm and Shirley Lovett. The key issue of discussion at the Commission hearing was the traffic circulation and volumes in the general vicinity. Mainly on Florence Street and cutting through the residential neighborhood to the west. The changes that the Commission made to the staff recommendation are as follows: They voted to erect signage notifying the public of special needs hearing impaired residents in the vicinity at exit of the development on Florence and where crosswalks are proposed they should be constructed as raised crosswalks for a length of six to eight feet for traffic calming or other traffic calming method as allowed by ACHD. There are no outstanding issues for the Council and no written testimony has been received from the -- since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Questions? Bird: I have none at this point. Rountree: David? Apparently not. Is the applicant with us this evening? If you would come up and share with us about your proposal. Meridian City Council July 7, 2015 Page 14 of 43 Arnold: Mr. Chairman, Members of the City Council, for the record my name is Steve Arnold. I'm with A Team Land Consultants. 2785 Whisper Cove, Boise. 83709. 1 think Sonya has hit most of the highlights. I will give you kind of the thoughts behind how we laid this project out and design considerations. We did have a neighborhood meeting on this prior to submitting the application and as Sonya stated earlier, one of the considerations was traffic from Florence Street connecting over. One of the suggestions was that we don't connect Florence. As a courtesy I asked ACHD -- I already knew the answer about that and I didn't think the city would support it. So, what we did was we tried to mitigate, as best we could, the impact. So, on here we are showing approximately three chokers to choke down some of the traffic. That along with the speed bumps we felt would help some -- suffice some of the concerns with traffic going back and forth between our site and to the west. We did a traffic study and it was fewer traffic going west than expected. I think we had approximately 186 trips per day going that way and a little bit more going south towards the McHale Meadows Subdivision and that was at approximately 325 trips per day. I just want to say there was a traffic analysis that we did for this and all the streets are well below the capacity to handle the traffic from the site. Going to some of the buildings. These are buildings that you have seen on Timbergrove behind Kohl's and at Franklin and Locust Grove. Architecturally they have got quite a bit of features to them with quite a bit of hips and valleys. It's important to note they are only 28 feet high with no upstairs balcony and as Sonya was stating, we put a certain type -- that we have a pinwheel, we have got a modern, and, then, we have got this modified pinwheel, which, basically, has no rear entry, so we back that up to the single family to give the appearance that you're backing single -- a single family product up or townhouse type product up to the single family to make for the transition in uses. It's worked really well on Timbergrove. It appeased the neighborhood pretty good there because of the setbacks. Speaking of setbacks, the required setback is 15 feet. What we are showing along the south is roughly 30 to 40. That includes a ten foot, oh, common lot for an irrigation facility. Along the west we are roughly 20 to 30. We undulated the building or angled it different ways to give for large pockets of landscaping there we are going to try and beef up that landscaping or we are showing beefed up landscaping to help buffer adjacent uses with what we are proposing. Florence Road -- going back to that road. We did provide detached sidewalk, so that we could create a boulevard effect. That, coupled with our bulb outs, we should be able to create kind of a boulevard effect that will have traffic calming effects in itself. The clubhouse -- I think Sonya hit on this a little bit, but our clubhouse we -- kind of a unique design. You don't see too many clubhouses with a windmill next to them. It's -- architecturally it resembles a barn, but it's -- it's a very nice set up. They have got not a little pool, these are larger pools for housing these facilities and as stated we are doing the raised planter beds, the bocce ball court and all the amenities within the site. I think that's all I have for my presentation. I guess I will stand for questions and hopefully clear things up. Rountree: Questions for Mr. Arnold? Bird: I have none at this time. Meridian City Council July 7, 2015 Page 15 of 43 Arnold: I guess one other item. Just before we -- I got here I forgot to make a call to the representative of the neighborhood association to the south and I was able to talk to my client tonight. Before we were going to do a raised median in Mt. Hood. In talking with the representative tonight, we would be willing to put up a road trust deposit that would be deposited to either ACHD or the city, to pay for speed bumps for speeding concerns in the subdivision south of us in McHale Meadows. That, as discussed with the representative tonight, would be refunded if after three years it wasn't utilized in construction. So, that was just agreed to 15, 20 minutes ago. So, that's something that we have agreed to. One of the items also that was a concern there was that our residents will be using the basketball court within their subdivision. Right now we are proposing either a volleyball court or a basketball court at our southwest corner. We are also the developers of the subdivision to the east of us, it's called White Cloud Subdivision. It was approved through the city of Boise. We were planning to do the basketball court over there, but I think it doesn't matter either way and with that I will stand for questions. Rountree: Okay. Questions? Borton: Mr. President? Rountree: Joe. Borton: Steve, was the refund after three years would that be three years after the final building permit of your project? What would trigger the start of that clock? Arnold: It was just discussed, Commissioner Borton. I think we can stipulate that tonight. You know, I -- we are anticipating getting on this pretty quickly. Maybe we do it three years after the recordation of the first phase of the final plat. Borton: Mr. President? If the condition is intended to address traffic, perhaps provide calming, is it more appropriate to have it start later? Arnold: Well, on that note I don't think that the volume of traffic really warrants it. In this case it's our client that is being in good faith trying to show -- you know, whether you got ten cars speeding or 50 cars speeding, you know, if they can get it in sooner I would, you know, certainly support it. Borton: Okay Rountree: Other questions? Bird: I have none. Rountree: Thank you. I have one for sure person signed up to testify. Emory Helm. Good evening. If you would give us your name and address. Meridian City Council July 7, 2015 Page 16 of 43 Helm: I'm Emory Helm. I live at 1211 North Legislative Way in Crossroads Sub and probably going to surprise Mr. Arnold„ but -- and if my neighbors were here they would probably throw rocks at me, but I studied this design that they propose here and it is a good design. I like it. It's a very nice design. However, the thing that we are concerned about is that there is a single family house subdivision to the south, single family houses where we are at to the west, and they are putting single family houses to the east and I do like this design, I just think it's in the wrong place. If they would have flip flopped that and had the single family houses up by the single family houses -- and I realize they can't do that now -- it would have been a lot better for us. The other thing that we were really concerned about is opening Florence up. It's -- it's dead end right there and there is a street in the subdivision to the south, I can't recall it's name now, runs from Cloverdale all the way up to our subdivision, Crossroads Sub. What they did there, which went right to our sub, cut it off, put the cul-de-sac in and put a walkway through there. Now, I know Mr. Arnold said that he had a traffic engineer study the traffic. If he was my traffic engineer I would fire him on the spot, because any fifth grader with common sense could look at this and tell you that just about the majority of traffic will come right through our subdivision to Records to go to Walmart, to go to Crossroads Shopping Center, to go to The Village, to go to Fairview. The majority of that traffic is coming right through our subdivision and he says 187 cars, I sat down and figured out there would be between three and four hundred cars a day come through there and that's one of our main concerns and, if I may, one thing that got us angry was when my wife and I took these letters into Planning and Zoning a nice young lady came out named Sonya and she is nice and we told her, well, this is our letter of protest, we don't want this, we don't want to open up Florence and she was nice until then, then, she just all of a sudden said that's going through and we are going to open up Florence and I says you mean this is a done deal and she started to shake her yes, but, then, she kind of backed off and said, well, just go to the meeting and I asked the Planning and Zoning board the same thing and I didn't accuse them, I asked them, I said is this a done deal. You know, it's kind of like our subdivision, it's Rodney Dangerfield of subdivisions, we don't get any respect with what the neighbors say. I haven't talked to one neighbor that wants this through. Even though the design is -- it's a good design, it's just in the wrong place and my neighbor Shirley, who I am speaking for also, she's in Colorado, she can't be here, her house backs right up to where they are going to build this and her house also sits right on Florence and she's just -- she's a single lady, her husband passed away last year and she's pretty much horrified at, well, what's going to happen. Like I say, Steve, it's a good design, it's just in the wrong place. Rountree: If I could have you summarize, please. Three minutes -- Helm: Yeah. I'm just about done. Rountree: Okay. Please. Helm: It's -- it kind of just, you know, got to us when we walked in and, basically, it was a done deal and the Planning and Zoning board, when I asked them, I said did you even look at the letter and look at the pictures that I took, they got the deer in the headlight look, like -- and you could tell they never even read them and so we are pretty upset about that, Meridian City Council July 7, 2015 Page 17 of 43 but I thank you for letting me spout off up here and talk and I appreciate you men and the lady if she was here, but thank you very much. I appreciate it. Rountree: Thank you for being here. Helm: Thank you. Cavener: Mr. President? Could I ask a question real quick? Bird: Mr. Helm. Rountree: Mr. Helm, we have a question for you Cavener: Question for you. Helm: Sorry. Yes, sir. Cavener: Can you articulate for me a little further where these cars are going to come from that you're concerned about that if -- Helm: Yeah. They are going to come -- there is that many of apartments -- I call them apartments. That's what they are. There is going to be at least probably two cars per apartment, plus the other subdivision, plus the subdivision to the south, you, then, want to go to The Village or they want to go to Walmart or they want to go to -- and going to the east also, they are not going out to Fairview, because there is no light there and they are not going to Cloverdale, but that would be the long way around. They come right through us and come through our subdivision the shortest way and there is a light there at Records, so they can get across Fairview and that's where all these cars are coming from. Cavener: Follow up, Mr. President. I assume Records is the preferred street of the residents in your neighborhood, though, as well? Helm: Yes, it is. Cavener: Okay. Thank you very much. Helm: You bet. Rountree: Other questions? All right. You can sit down now. I have Rex on this list again. I don't know if Rex is having -- somebody having fun this evening, but I don't see Rex. Are there any other folks out there that wish to testify? Yes, sir. Valenti: My name is Ray Valenti. I live at 942 North Stolle Place, McHale Meadows Subdivision, Meridian, Idaho. I'm the gentleman that Mr. Arnold was talking about. We have been negotiating as to what's going to happen with this development. First of all, I want to say that Mr. Arnold has been very good in negotiating with us and up front and I'm Meridian City Council July 7, 2015 Page 18 of 43 pleased to deal -- negotiate with him. He has our interest at heart and I appreciate that. It's really tough. He got beat up last time he was -- with the Planning and Zoning meeting. Anyway, I live in McHale Meadows Subdivision. I live on Stolle. Stolle is a dead end and realistically three of you know me, I'm a retired Boise cop, 31 years, I know what people do with cars, they take the path of least resistance. They are going to come out of this subdivision -- and are talking about 140, 160 unit development being built here in Meridian, but right next door is 140 units. That's 300 units at each of the north of our area. The 140 units in Boise city -- it's going to put traffic in our neighborhood. We understand that. If people are going to want to get to the freeway from this subdivision, they are going to blow through these subdivisions. That's a fact. You can't prevent it. It's what's going to happen. I have been in touch with Mr. John Lawson of the Ada County Highway District, talking with him, trying to find out what's going to go and our traffic studies were done here about a year ago and they are inadequate. They don't really represent what's going to happen. I did ask Mr. Arnold about the traffic calming devices. Our subdivision asked for three years. At the completion of their development, the three years, if they -- if we can't substantiate that we need traffic calming devices, they have their money back. That's where that three years came from. We are trying to be reasonable and I think they are trying to be reasonable. We have concerns that our basketball court is going to be overrun, because, realistically, people will take the path of least opposition, they are going to come into our neighborhood versus trying to cross Fairview to get to the Kleiner Park subdivision to go play basketball. It's going to happen. So, I encourage the developer to go for basketball. A basketball hoop versus volleyball. Mr. Arnold has graciously accepted to put in three traffic calming devices if needed. That's dictated by Ada County Highway District. You know that and I know that. None of us in this room have any input on whether those will or will not go in. We understand that. I think they have done what they can do to make this work and we are willing to work with them. They have answered our causes, but the traffic will be an issue. By the way, I was late because I sat through three cycles at the light at the Pine and Eagle to get here tonight. Three. Those are four and a half minutes. I timed them. Rountree: Me, too. Valenti: Members of the City Council, thanks for your time. The police department, the fire department, the City Council, please come to our homeowners association National Night Out in August. We would love to have you. Thank you. Rountree: We be there. Anyone else wish to testify? Seeing none. Bird: Mr. Arnold. Rountree: Okay. Mr. Arnold. Arnold: Name and address again? Rountree: No. Meridian City Council July 7, 2015 Page 19 of 43 Arnold: First of all, I appreciate the neighborhood turn out to this City Council. I do try to work hard. I appreciate the -- process through the city, so their kind words were nice. In regards to my traffic engineer -- and since he is not here and I do got to comment on that. He is probably one of the most conservative engineers -- there are engineers that are very loose with their numbers to work towards a development. Chang. He used to work with me at Stanley Consultants and although I do question some of the traffic going west, I think he's covered it fairly well. Other than that I will stand for questions. I didn't hear anything that I need to respond to. Again, thank you. Rountree: I think there was a plea for a basketball court, as opposed to a volleyball court. Arnold: The basketball court fits a little bit better in White Cloud, but I can make it happen in Stonesthrow. I guess to also address another question, the entities that are doing the multi -family are different from the entities that are doing the single family and the main Stonesthrow is because it's a stone's throw from Meridian Village. So, the idea was to try to get higher density towards the commercial uses up in that area, so -- Rountree: Okay. Any other questions for Mr. Arnold? Thank you. Council? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearings on AZ 15-005, PP 15-006 and CUP 15-009. Borton: Second. Rountree: It's been moved and seconded to close the public hearing on Items 8-C, D and E. All those in favor of the motion signify by aye. Opposed? Seeing none motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President, question for staff. Rountree: Luke. Cavener: Sonya, the applicant talked about -- and those that were testifying talked about establishing the substantial need for traffic calming devices. Is that something that we are going to dictate is what that, quote, unquote, substantial need is? Is that something that we are relying on the -- ACHD to determine that? I just want some clarification on that arbitrary term. Watters: President, Councilman Cavener, that's probably something that the applicant should be speaking to, but the city doesn't necessarily require those, it would have to be approved by ACHD. I believe that was in response to the last hearing -- testimony at the hearing and neighbors wanting traffic to slow down. Meridian City Council July 7, 2015 Page 20 of 43 Cavener: Okay. Watters: Mr. Nary, did you remember something different? Nary: No. Watters: Okay. Nary: Mr. President, Members of the Council, Council Member Cavener, there are specific policies of ACHD and you have a representative here if you want them to state -- to reopen just for that if you feel the necessity to have those policies on your record, but to make that determination they have policies in existence in how it's done. Cavener: Okay. Rountree: Are you comfortable with that? Cavener: Yes. Thank you. Rountree: Okay. Thank you. Any further questions? Motions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve AZ 15-005 with staff, applicant, and public testimony included. And is this where we would put the time for the calming devices to start or would that be in the preliminary plat? The zoning. So, it don't have nothing to do with that. Watters: You could or you could wrap it into the development agreement, Councilman Bird. Probably the development agreement. Bird: This would be the development agreement and I would include in the development agreement that the three year time on the three calming devices would start at the end of the last CO for this subdivision. Okay? Rountree: A motion made. Cavener: Second. Rountree: It's been moved and seconded to approve this item with the conditions stated in the development agreement. All those in favor of the motion signify by aye. Opposed? Thank you. Roll call vote, please. Meridian City Council July 7, 2015 Page 21 of 43 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 15-006 and to include all staff, applicant, and public testimony. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-D. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve CUP 15-009 and to include all staff, applicant, and public testimony. Cavener: Second. Rountree: It's been moved and a second to approve Item 8-E. Is there any discussion on the conditional use permit? Seeing none, roll call vote, please. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing: VAC 15-007 Erickson Vacation by Leroy Erickson Located 3056 N. Sunny Side Place Request: Vacate a Portion (4'X 24' area) of the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary Lot 10, Block 3 Platted with Staten Park Subdivision Rountree: That brings us to Item 8-F. Sonya or Bruce. Meridian City Council July 7, 2015 Page 22 of 43 Watters: I will take care of that. Sorry about that. Give me just a moment here. The next application before you is a request for a vacation. This site is located at 3056 North Sunnyside Place. The applicant requests approval to vacate a portion -- a four foot by 24 foot area south of the northeast property line. That's a ten foot wide public utility drainage and irrigation easement along the east boundary of Lot 10, Block 3, platted with Staten Park Subdivision. The remaining six feet of the easement will remain along the east boundary of the property line. There is a diagram showing that. Approval of the subject vacation application with removal of a portion of the easement and allow the applicant to submit for a building permit to construct a new 12 foot by 24 foot shed on the property outside of the five foot wide side yard setback. The applicant has also solicited input from the adjacent neighbors who are in support of a larger shed. Also with utilities having the consent to relinquish the portion of said easement. The Nampa -Meridian Irrigation District has stated they have no jurisdiction over the easement area. Since none of the applicable utility providers object to the proposed vacation, staff recommends approval of vacating the easements as proposed. No written testimony has been received on the application and there are no outstanding issues for Council. Staff will stand for any questions. Rountree: Questions for staff on this item? Bird: I have none. Rountree: Is applicant here? Do you wish to provide any information? You have indicated you're supportive of this. If you would give us your name and address, please. Erickson: Leroy Erickson. 3056 Sunnyside Place, Meridian, Idaho. On this piece I'd like to go into, there is 173 foot -- ten foot of that is going through there, plus I got another -- get my notes here. I have another 42 foot with a ten foot easement. So, in other words, I got like 1,800 square feet of my living -- not my living area, but my lot that's supposedly I can't do anything with. I mean behind my house where I want to put this shed there is already ten foot on my side, there is ten foot on the adjoining side, excuse me, and the irrigation line runs on the other side of the trench. I contacted all the utilities. Every one of them were fine with it. They said they don't have any need for it, all of our stuff comes in from the front. There was already a shed there when I moved in and I wanted to -- it was a ten by 12 and what I want to do is a 12 by 24. 1 like to do a lot of tinkering. It's not set up for a business or anything like that. But that's what I'm looking for. Rountree: Okay. Erickson: And appreciate you looking it over. Rountree: Thank you. This is a public hearing and you did sign up to testify for it and you have done that and I have Pamela as well. Do you wish to -- you support it and even though I suspect it's somebody having fun this evening, Rex is signed up against again, so, Rex, whoever you are, you have presence on every sign-up sheet this evening and not shown your face, so -- thank you. Anybody else out there wish to testify in this particular hearing? Seeing none. Meridian City Council July 7, 2015 Page 23 of 43 Borton: Mr. President? Rountree: Mr. Borton. Borton: Move we close the public hearing on VAC 15-007. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-F. All those in favor of the motion signify by aye. Opposed? Verygood. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. President? Rountree: Mr. Borton. Borton: Move that we approve VAC 15-007. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-F. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L -O Zoning District to the R-15 Zoning District H. Public Hearing: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning Rountree: Okay. The next two items have been asked to continue, Items 8-G and H. Could I have a motion to continue them? Bird: Mr. President, are you going to open the public hearings first? Meridian City Council July 7, 2015 Page 24 of 43 Rountree: I will open the public hearing. Bird: Okay. Mr. President, I move that we continue the public hearings on RZ 15-008 and PP 15-007 to July 21st, 2015. Zaremba: Second. Rountree: It's been moved and seconded to continue Items 8-G and H to July 21st. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 15-1074: A Resolution Appointing Ryan Hall to Seat 2 of the Meridian Transportation Commission B. Mayor's Office: Resolution No. 15-1075: A Resolution Appointing Bryan L. Leisle to Seat 7 of the Meridian Transportation Commission Rountree: Department Reports. Robert from the Mayor's office. Simison: Thank you, Council President Rountree, Members of the Council. The next two items on the agenda are appointments to the Meridian Transportation Commission. We have had a few vacancies and we are lucky enough to have a lot of qualified applicants that came in for this, it just took a little while to generate all the qualified applicants to come in. The first one is Ryan Hall. He's an 18 year resident of the City of Meridian. Not in the transportation area, but financial planning. He -- the Mayor met with the individuals, along with the chair of the commission, in selecting these applicants and this person was initially selected prior to the additional ones coming, but they felt he was more than qualified and I know that Mr. Hall -- it was tentative he would be here, I have not met him, but I believe he is here in the audience and may want to say a few words, after you consider his application. The second one is Brian -- and, I'm sorry, I think it's Leisle. I don't know that for a fact. But he is someone that brings a certain perspective to the transportation Commission related to bicycles. You know, someone who has a real interest in that component to the community and, again, that was the person selected for the position. So, I bring those both to you for your consideration and be happy to attempt to answer any questions if I can. Rountree: Any questions for Robert? Meridian City Council July 7, 2015 Page 25 of 43 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just a clarification if I may. Both of these are completing a term on a vacant seat; is that correct? This is not a new complete term for each of them? Simison: One of them is completing a vacancy. One of them is a complete new term. Zaremba: Okay. Simison: Pat Morandy completed his term, so it is filling that one for three years. The other one was a step down and had two years left on that term. Zaremba: Thank you. Rountree: Are either of the applicants here this evening that might want to -- do you want to get your opportunity to speak in public or just raise your hand so we know who you are or whatever. Your choice. Leisle: So, I'm Brian Leisle. You were close. And I am really excited about this volunteer position and I'm happy to offer what I can to the community to make it a better place. Rountree: Great. Leisle: To continue it. Rountree: Thank you for your commitment. Appreciate it. That's what makes us go around. :71ii1■�LTiiMUi-MC'1'i 16 Rountree: Mr. Bird. Bird: Seeing how you're running the meeting, I will make the motion. I move we approve Resolution No. 15-1074 appointing Ryan Hall to Seat Two of the Meridian Transportation Commission. Cavener: Second. Rountree: It's been moved and seconded to approve Item 9-A. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council July 7, 2015 Page 26 of 43 Bird: Mr. President? Rountree: Mr. Bird. Bird: I would move that we approve Resolution No. 15-1075 appointing Brian Leisle to Seat Seven of the Meridian Transportation Commission. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 9-B. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Mayor's Office: Budget Amendment for the Youth Farmers Market in the Not -to -Exceed Amount of $13,000.00 Rountree: Okay. Robert, you're doing the next one as well? Simison: Yes, I am. Rountree: All right. Simison: Council President, Members of the Council, what you have in front of you next is a budget amendment to put on a youth farmers market here in downtown. You may or may not remember, but at the State of the City the Mayor mentioned looking into the possibility of bringing a farmers market back to downtown that would be focused on youth, to make it unique. This is an attempt to do an event in September that would, hopefully, be the kick off to a full-time youth farmers market next summer. The funds that are here are primarily funds that have been earmarked from the Blue Cross of Idaho foundation that the city was the recipient of. That's 10,000 dollars. We have also received funding from MDC in the amount of 1,500 dollars and expect to receive some funds from the Boise Co-op as well to do this. So, these would all be funds that would be coming in from outside sources to put on this one time event, as well as get some of the supplies for next year's event, such as tables and canopies. So, with that I would be happy to answer any questions you may have. Rountree: Questions for Robert? Cavener: Mr. President? Rountree: Luke. Meridian City Council July 7, 2015 Page 27 of 43 Cavener: Robert, you said attempts. I assume that this is happening in September? Simison: This -- this is -- we are trying to make sure it does happen. Part of that requires vendors. So, vendors have to be lined up. We need a minimum of ten youth vendors. At last count I know we had about six confirmed. The Mayor just put out something in her -- the city newsletter this week, so we are hoping to see that grow. But as -- the only things we are waiting for final feedback from Blue Cross of Idaho that they are willing to put in their funds, but we need to do the tables and canopies, to offset some of the costs for people if they by chance come back and say they are not interested in doing it this year that could postpone us from doing the event as we see it. It doesn't mean we couldn't do something similar. Even with the funds from MDC we can get something off the ground, it just may not be the entire event that we would envision for this fall. Cavener: Follow up. So, if I'm correct, you haven't received the funds from Blue Cross or from MDC or from -- correct? Simison: Correct. Nothing has been transmitted to us officially. The Blue Cross one is technically a grant. That's -- we expend and they pay back and that's how this would go. But until we get sign off on them we wouldn't be moving forward on any purchases for any of the things related to this event or we would come back and let you know that they have stalled and have a further discussion with Council, but we wouldn't spend the money just until we get it. Cavener: Okay. Thank you. Rountree: Other questions? Borton: Mr. President? Just procedurally, why -- what's the reason for doing a budget amendment now prior to having that confirmation? Simison: Today is the last day to do budget amendments for the year. Borton: Pretty good reason. Rountree: Following the rules. Bird: You didn't know that? Borton: Just testing. Bird: Why do you think we got ten of them on here. Rountree: No more questions? So I have a motion? Bird: Mr. President? Meridian City Council July 7, 2015 Page 28 of 43 Rountree: Mr. Bird. Bird: I move we approve the budget amendment for the youth farmers market not to exceed the amount of 13,000 dollars. Cavener: Second. Rountree: It's been moved and seconded to approve Item 9-C. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Fire Department: Budget Amendment for Multi -Agency Master Plan for the Not -to -Exceed Amount of $20,000.00 Rountree: Thank you, Robert. Item 9-D. Fire department. Chief, are you going to do all three of these? Niemeyer: I'm not. I'm going to do this one and then -- Rountree: Okay. Niemeyer: -- Chief Jones and Chief Palmer will tag team there. Mr. President, Members of the Council, thank you. First of all, I can assure you I'm not Rex. I'm not sure who Rex is, but not me. Rountree: He signed up and didn't show. Niemeyer: I am here to request funds not to exceed 20,000 dollars for the participation and development of a multi -agency master plan. This discussion began about six months ago with the Mayor as we discussed how to plan for future levels of service, future staffing levels, future station build outs, apparatus replacements, et cetera, and enlisted the help of ESCI, who is a firm we have used in the past for our strategic plan development. They are one of only a few in the nation that do emergency services consulting. We have used them very successfully in the past. They are endorsed by the International Fire Chiefs as well. We also presented this concept to the rural fire district and they have, in turn, unanimously supported their participation in this to help fund it as well. Through those continued discussions we realize there may be future opportunities with our neighbors to the south and, then, primarily the northwest in Star and Kuna. At the Mayor's direction I also engaged both of those fire districts and they expressed a willingness to want to participate and help fund the plan as well. They see an area where we can collaborate in the future. I do believe firmly that the future of the fire service is collaboration where we can try and reduce costs. I think we have proven that in the EMS Joint Powers Agreement. We can prove that on the fire side through standardization of equipment, Meridian City Council July 7, 2015 Page 29 of 43 joint purchasing and using our purchasing power to decrease our costs overall. So, we do have a commitment from both Kuna and Star to also participate and prior to bringing it to you we also were contacted by two additional fire districts -- make that three. I'm sorry. Middleton, Caldwell, and Parma, that had caught wind that we were doing this and they expressed an interest in participating as well. They face the same challenges we do long term of cost and how do we come together and do things together to help reduce costs overall to -- to our respective municipalities and districts. So, they are included in this plan, that's why it is called a multi -agency master plan. We did engage Councilman Borton, as well as Stacy from Finance. She's very supportive of this plan, she has been asking for a couple years how do we determine levels of service and we fully anticipate that the development of this plan will help us identify response time standards throughout different parts of our response area. The plan also looks at staffing levels. It looks at overtime, which is something I know we are all very interested in. It also helps to establish some short, mid, and long-term strategies. So, with that I'm certainly happy to answer any questions. Rountree: Questions for Mark? Bird: Mr. President? Rountree: Mr. Bird. Bird: Mark, we have got -- besides the rural and ourselves, we have got five other entities that are interested and the total package is 60,000 dollars and we are putting up 40 -- between the two of us the 40,000, which leaves another 20 for them, four thousand apiece, is that how that's going? Niemeyer: So, the 60,000 is for the City of Meridian, Meridian rural, Kuna and Star. The plan started with just Meridian rural and the city. I asked ESCI to do up a bid and that was 40,000 dollars for the two combined jurisdictions. To add smaller jurisdictions each one of those are really one station operations, adds about 10,000 dollars to the cost. So, when Star and Kuna came on board that added essentially 20,000 dollars, which brought it to sixty. If Middleton, Kuna and Caldwell continue as they said they are going to, they will pay 10,000 dollars as well when they jump on. Bird: Okay. Let me clarify something then. As Kuna and Middleton committed to their ten or are we sitting right at a 40,000 dollar deal right now? Niemeyer: Yeah. Kuna and Star have both committed. Middleton has committed. Caldwell has committed. They are running one thing by their legal counsel. Currently the chief of Caldwell, Chief Wendelsdorf, is a board member of the International Fire Chiefs and they just want to make sure there is no conflict of interest, because the International has endorsed this -- this company. But they have committed. I don't anticipate Parma participating. That's a third district that was interested, but I don't -- I don't see them participating. Meridian City Council July 7, 2015 Page 30 of 43 Bird: Okay. Rountree: Any other questions? David. Zaremba: Thank you, Mr. President. A couple of questions. I see capital outlay expenditures mentioned -- several times that term is used. I'm interpreting this overall as a memorandum of understanding for services -- sharing services with each other. Is that one phrase or is there some other intent to this that it might also be a joint purchasing -- that's not the one we are talking about? Okay. I'm sorry. Rountree: Now you're unconfused, David? Zaremba: Okay. That's not the master -- forget that question. I will ask it later. Rountree: Luke, you had a question? Cavener: Chief, I noticed that the -- your checkmark of approval and your liaison's checkmark of approval are missing on this. Is there any reason that the -- Niemeyer: No. I had a checkmark. Cavener: -- the formality -- maybe it's not visible in the -- Niemeyer: I don't know if I checked it. Cavener: Okay. Borton: Mr. President? It should be checked. We had some good discussions. Just to provide a little clarity to some things that we did discuss are, you know, what components of the master plan -- especially when you add more and more agencies, might not be as relevant. You used the comment -- or made the comment of, you know, response time, which might be more an individualized goal of a particular municipality, as opposed to collaborating on location, station locations, purchasing powers. Are there some components of the master plan work that wouldn't fit within the scope of all these agencies? Niemeyer: Yeah. Good question. Mr. President, Councilman Borton, there are going to be aspects ESCI looks at for each department individually, because we do have some unique characteristics amongst our departments. For example, on the issue of response time standards, we would like to define it as what's identified in the legislation through the EMS legislation four areas which consist of urban, suburban, rural and, then, frontier and, really, what we try to achieve as fire departments is that same type of response time standards through our different jurisdictions. So, in that sense one response time goal could apply to multiple or it could be broken out individually. That's just going to be part of the process as we go through the plan. Meridian City Council July 7, 2015 Page 31 of 43 Borton: Okay. Niemeyer: But there certainly will be some aspects of each department that will be very unique and they will identify those unique areas and address them in the plan. So, we talked about layout a little bit. You may see a Meridian section and a Caldwell section and a section where you can truly collaborate together to reduce costs or become more efficient and effective. Borton: Okay. Thank you. Rountree: Other questions? Zaremba: Mr. President? Actually, I will resurrect the question I was intending to ask. Niemeyer: Okay. Zaremba: I was referencing the wrong thing, but it would apply to a multi -agency master plan and my -- where I'm going with it is -- is there any way of developing a joint purchasing plan and is that what -- is part of this? Niemeyer: I do believe it will be. I certainly can't speak to what the outcomes will be, because there is certainly analysis that needs to take place, but I would hope that one of the outcomes -- Zaremba: Ask the consultant to look at that -- Niemeyer: Absolutely. Zaremba: --as an idea. Niemeyer: And we have had several discussions with the consultants about that as far as mid and short-term type strategies -- Zaremba: Uh-huh. Niemeyer: -- how we look at purchasing together to reduce cost and we would like them to lead that discussion. Zaremba: Thank you. Rountree: Further questions? Borton: Mr. President? Rountree: Mr. Borton. Meridian City Council July 7, 2015 Page 32 of 43 Borton: No other question, I would move that we approve 9-D, the budget amendment for the multi -agency master plan in an amount not to exceed 20,000 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 9-D. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Niemeyer: Thank you. E. Fire Department Budget Amendment for Public Education/Prevention for the Not -to -Exceed Amount of $23,220.00 Rountree: Item 9-E. Perry. Palmer: Thank you, Council President, Members of the Council. The next amendment before you is for fire prevention and public education. In the exhibit you will see where there are five sources of income that the department has received and accompanying three areas for expenditures. The revenues and the expenditures match at 23,220 dollars and with that I will stand for any questions. Rountree: Any questions? Bird: I have none. Rountree: Seeing none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Move that we approve Item 9-E, a budget amendment for the public education and prevention fund in an amount not to exceed 23,220 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 9-E. All those in favor -- oh. Roll call. Excuse me. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. Meridian City Council July 7, 2015 Page 33 of 43 MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Fire Department: Budget Amendment for Bicycle Medic Program for the Not -to -Exceed Amount of $16,232.00 Rountree: Next item 8-F. Jones: Good evening, President Rountree, Members of Council. I think this is about all the firefighters you're going to see this evening, but, finally, I would like to present a budget amendment request for an amount not to exceed 16,232 dollars to purchase bicycle, gear, AEDs and uniforms to initiate a bicycle medic program that the department will use to staff special events in the City of Meridian where we can provide more rapid and environmentally friendly response. This would be offset by a grant that the department received recently from the Firehouse Public Safety Foundation in the amount of 16,867 specifically for this program and that fund has been received and deposited and with that I will stand for any questions. Bird: Mr. President? Rountree: Mr. Bird. Bird: Chief, we are -- are we going to have the police officers that ride the bikes now man these? Is that how we are doing it or are we going to bring people in on overtime to man these? Jones: Councilman Bird, Members of the Council, what we will do is continue our current staff levels that we are using to staff these events with our firefighter EMTs and paramedics. We are currently staffing Meridian city sponsored events, historic events, and some promoter events on overtime with our firefighters and we will continue that service. Currently what we are doing is we are borrowing DDT's from Parks and Recreation or putting the firefighters on foot. So, we are not going to incur any increased costs over what we have been doing, we are just simply changing the manner in which they will respond. Bird: We are covering the special events with OT now; right? Jones: Yes, sir. That's correct. Bird: What you just stated? Jones: The one exception to that, Councilman Bird, when we do have sponsored events or promoted events, such as events in Kleiner Park, those costs are offset through the TUP process, so if there is a promoter having an event, then, they are billed for the -- those wages. Meridian City Council July 7, 2015 Page 34 of 43 Bird: Are we taking an engine out there at the time right now or -- to man those? Jones: Not typically, no, sir. Bird: I didn't think so. Okay. Thank you. Rountree: Other questions? Cavener: Mr. President? Rountree: Luke. Cavener: More of a procedural question, just based on the last two amendments we have seen. A lot of the penciled in dollar amounts after the form has been filled in and I assume that all the department directors, Mayor, and Stacy have seen these since those numbers have been updated? I don't mean to put you on the spot. Maybe the department -- or the Council liaison can just confer. Borton: The updated reports, from what I have seen, is what's on the web link, what you're probably looking at right now. Cavener: Okay. Borton: So -- and that matches the numbers that you're signifying will be expended to complete that project. Jones: Yes. One of the discrepancies in this -- in this amendment is an amount of about 600 dollars. The quotes we received from Meridian Cycle did include sales tax, so that amount of money will be refunded to the firehouse sub foundation and the actual amount of 16,232 dollars is for the purchase of the equipment. Rountree: The question I have is a large ongoing expense -- uniforms. What's -- what's the uniform difference? Getting them shorts? Jones: Yes, President Rountree. Because, you know, we are going to put firefighters on bicycles in the summer in the park, you know, our standard fire resistant clothing uniforms are not really adequate. We consulted with Sergeant Harper from the Police Department and we are purchasing the same style uniforms that police bike patrol purchases. Rountree: Okay. Further questions? Jones: Thank you. Rountree: Thank you. Borton: Mr. President? Meridian City Council July 7, 2015 Page 35 of 43 Rountree: Mr. Borton. Borton: If there is no other questions, I would move we approve 9-F, the budget amendment for the bicycle medic program in an amount not to exceed 16,232 dollars. Cavener: Second. Rountree: It's been moved and seconded to approve Item 9-F. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Legal and Fire Departments: Memorandum of Understanding and Agreement between the City of Meridian and the Meridian Rural Fire Protection District for FY 2015-2016 Rountree: Next item is 9-G and, Bill, you're to run down that with us? Nary: Yes, Mr. President. Mr. President, Members of the Council -- and, again, with all good intentions, the action item -- or the department report item that's listed in the packet was just the prior agreement as previously discussed and, then, simply transferred over. I have handed you the new agreement that we have negotiated with the rural district and we, basically, have paired it down and as I reported to you a couple weeks ago, what the district has decided to do was simply have an MOU for the -- continuing for one continuing year and the objection -- or the intention is, then, from this point forward over the next few months we will negotiate a new agreement -- ongoing agreement for the future years going forward. So, have paired it down to a pretty simple, two-page agreement, which is pretty good for lawyers, especially ones that get paid by the hour. And so you will note in -- in sub paragraph two on the second page there was some other' language previously that was unclear as to what the definition was, as to what was being paid for. Now, it simply is very -- trying to be much clearer that it's 15 percent of the departmental cost, excluding the capital outlay for fire engines. We did get a request from the Finance Department today and that was for all capital outlay, because we sometimes define capital of other things, such as computers. But because computers for the fire department are very small, not computers for the entire city, which is why we define those as a capital for the city, the district had no concern about that. They were just concerned about the engines and they were just concerned about the AEDs, because that's a defined program that is within the city limits. So, that's why they have called out those two things, but that was it. So, they wanted to make it as simply as possible and as direct as we could, but I apologize that the one in the packet that if you have looked at that previously it's the same one you have seen before and this is the one that was -- has been negotiated and it's ready for approval if you're okay with it. If I have missed anything Chief Niemeyer I'm sure can add to it, but -- Meridian City Council July 7, 2015 Page 36 of 43 Bird: I have no problems. Rountree: No questions? Don't see any questions. Borton: Mr. President? Just one question. When you go through the process for the next year for the new agreement, is it feasible to start from scratch, so to speak, and have a new agreement that contains everything -- so, all of the references and attachments of old previous ones can be stopped and we will have a new single document going forward? Nary: Mr. President, Members of the Council, Councilman Borton, that is absolutely our intention. Mr. Fitzgerald and I both have said the same thing, that the constant reference to the '98 agreement, the 2011 addendum, is confusing to everyone and we need to just have one document moving forward and the intention originally of this, you recall about a month ago, was to supersede all of those, we outlined what those agreements were that we were superseding and, then, we got hung up on what some of the language was, including the fine. So, going forward that's -- we will probably have a statement similar to the prior version which says this supersedes all of these prior agreements, we will list them so it's clear in the record what we are eliminating and we will have one agreement going forward. Borton: Okay. No exhibits of the previous ones? 1!FrILM!Q Borton: Okay. Mr. President? Rountree: No further? Okay. Joe. Borton: Any questions? You're okay? Zaremba: I guess I was just going to comment -- it's nice to have a historical reference to how long we have had an agreement in there and I don't know if there is a way to put a sentence like in there. I agree with Councilman Borton we should have new writing that doesn't keep referring to the old ones, but maybe one line that mentions the historical -- how long we have had an agreement with them. Borton: Sure. Nary: And, Council Member Zaremba, my intention would be that we would have probably a paragraph that would list what they were, with some reference that if an interested party wanted to go find those, they are available in the public record, but not attach them to the new agreement, so that now it becomes -- instead of being a ten page agreement, it's a 70 page agreement, because we have 60 pages of attachments. So, we would reference it certainly so that it's clear, but we would allow people to then go look at that at their own choosing if they wish. Meridian City Council July 7, 2015 Page 37 of 43 Zaremba: That works for me. Rountree: Anymore questions? Mr. Borton. Borton: Mr. President. I would move that we approve Item 9-G, the MOU between the City of Meridian and Meridian Rural Fire Protection District for fiscal year 2015-2016. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 9-G. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Legal Department: Budget Amendment for FY 2015 for the Not - to -Exceed Amount of $50,000.00 for Outside Legal Expenses Rountree: Next item. Bill. Nary: Thank you, Mr. President, Members of the Council. Annually we have a budgeted line item for outside legal expenses in the case where we ever have to hire outside counsel for a particular case. We have had an ongoing case since 2010 regarding a court facility in the City of Meridian. We are currently in mediation. We have outside counsel that's been representing the city since December of 2010. Each year I have to estimate at approximately this time how much potentially we may need in the most worst case scenario between now and the end of the fiscal year if we needed to pay legal expenses for either the lawyer cost, motions that are necessary or in this current case mediation. So, what I did is I asked for outside counsel to give us the worst case scenario looking at what we have already expended in this fiscal year, including what's been expended above what our budgeted amount is to this point, looking at the mediation, which isn't completed yet, looking at the potential that if it were to not go in a positive fashion, then, we would, then, have some additional legal costs and try to come up with an estimate as to how much would be necessary to be able to pay all of these through the rest of the fiscal year. I'm always hopeful that we are going to resolve this case sooner rather than later, but I have to be prepared in June, because of our scheduling as to how much we could potentially have to pay. That's the number that's in front of you. Again, it's based on the best estimate that we could come up with between outside counsel and myself to cover the expenses for the rest of the fiscal year. Rountree: Questions for Bill? Meridian City Council July 7, 2015 Page 38 of 43 Zaremba: Mr. President? I would just add a clarification. I think you -- you mentioned that this refers to a lawsuit about the courthouse. I would like to clarify on the record that this is a lawsuit that the county filed against us and we are responding. Nary: That is correct. Rountree: Other questions or clarifications? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for fiscal year 2015 for the not to exceed amount of 50,000 dollars for outside legal expenses. Cavener: Second. Rountree: It's been moved and seconded to approve the request for legal expenses 9-H. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Ordinances A. Ordinance No. 15-1649: An Ordinance (AZ 15-002 Decatur Estates) for the Annexation and Rezone of a Parcel of Land being the SE 1/4 of the NE 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho Establishing and Determining the Land Use Zoning Classification of Said Land to be R-4 (Low Density Residential) for 39.76 acres known as the Decatur Estates Rountree: All right. That brings us to the ordinance section. If the clerk would read the ordinance in Item 10-A by title only. Holman: City of Meridian Ordinance 15-1649, An Ordinance (AZ 15-002 Decatur Estates) for Annexation and Rezone of a Parcel of Land being the SE 1/4 of the NE 1/4 of Section 35, Township 4 North, Range 1 West, 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 Land from RUT to R-4, Low 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 Meridian City Council July 7, 2015 Page 39 of 43 summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the title read -- or the ordinance read by title only. Anybody out there want to hear it all? Frank? All right. Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing how nobody wants to hear it -- read the whole thing, I would move that we approve Ordinance No. 15-1649 with suspension of rules. Zaremba: Second. Rountree: Moved and seconded to approve Item 10-A. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 15-1650: An Ordinance (AZ 15-004 Hill Properties) for Annexation and Rezone of a Parcel of Land being a Portion of the North 1/2 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of 43.2 Acres of Said Lands from RUT to R-8 (Medium Density Residential District) and 35.4 Acres from RUT to C -N (Neighborhood Commercial Zoning District Rountree: And, Madam Clerk, if you would read Item 10-B by title only. Holman: City of Meridian Ordinance No. 15-1650: An Ordinance (AZ 15-004 Hill Properties) for Annexation and Rezone of a Parcel of Land being a Portion of the North 1/2 of the NW 1/4 of Section 33, 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 43.2 Acres of Said Land from RUT to R-8 (Medium Density Residential District) and 35.4 Acres from RUT to C -N (Neighborhood Commercial Zoning 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. Meridian City Council July 7, 2015 Page 40 of 43 Rountree: You have heard the ordinance read by title only. Anyone wish to hear it in its entirety? Seeing none? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 15-1650 with suspension of rules. Borton: Second. Rountree: It's been moved and seconded to approve the ordinance in Item 10-B. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 15-1651: An Ordinance (RZ 15-007 Century Farm School) for Rezone of a Parcel of Land Situated in a Portion of Southeast 1/4 of the Northwest 114 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 8.39 Acres of Land from R-8(Medium Density Residential District) to C -N (Neighborhood Commercial District Rountree: Now if we would have the Ordinance 15-1651 read by title only Holman: City of Meridian Ordinance No. 15-1651: An Ordinance (RZ 15-007 Century Farm School) for the Rezone of a Parcel of Land Situated in a Portion of the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of R-8 (Medium Density Residential Zoning District) to C -N (Neighborhood Commercial Zoning 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. Rountree: You have heard this ordinance read by title only. Don't see anybody raising their hand to hear it in its entirety. .1■t&= WM .F3Tfti Rountree: Mr. Bird. Meridian City Council July 7, 2015 Page 41 of 43 Bird: I move that we approve Ordinance No. 15-1651 with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 10-C. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. .Rountree: Bill, I apologize I didn't follow the instructions I had, but I don't think we need to -- Bird: We have already taken care of it. Item 11: Future Meeting Topics Rountree: We have taken care of it. All right. We are down to Future Meeting Topics. I just have one item. I attended the news conference on the mosquito abatement exercise that's going on here in the next couple of days weather permitting, whether or not it actually impacts our community at all. The only portion of Meridian that will have the fly over is north of Chinden. So, the Spurwing, Springwing West and the Aldape -- the south bank of the Boise River. So, the main part of town will not have the fog and the insecticide applied, if anybody asks. And I think that's -- Frank, is that Thursday, weather permitting? Yes. That's all I had on that. Zaremba: Mr. President? Rountree: I had a question for Robert. I have a letter here wanting somebody to attend some kind of event tomorrow. I'm not going to be available. So, how critical is that? Bird: Peggy thought it was -- she brought it down. Do you know anything about it, Robert? I told her she could attend, but she didn't want to. Rountree: Welcome reception. Okay. Bird: If anybody wants to attend. Rountree: Okay. Zaremba: Mr. President? Rountree: David. Meridian City Council July 7, 2015 Page 42 of 43 Zaremba: Just -- since August 4th, the first Tuesday in August, is National Night Out, somebody mentioned that earlier, I have probably asked this before, but is there a way to lock out the agenda so nothing gets on it for that day? I'm asking Madam Clerk that. Rountree: That's already on the -- Holman: Yes. That has already been done, Councilman Zaremba. Zaremba: Already done. Good. Thank you. Rountree: Any other thoughts? Questions? Borton: Mr. President? Because you opened that wide open -- Rountree: Yeah. Borton: This Thursday is Art Sip -- Rountree: That's right. Borton: -- at Gwenn and Brent's property, so if you need tickets or interested in going, community supporting the arts more and more, I have got tickets, I know Mr. Rountree has got tickets, so hopefully anybody and everybody can go and have a good night sipping wine on the lawn. Rountree: Come Thursday. Yeah. 6:00 to 9:00? Borton: 6:00 to 9:00. Correct. Bird: Mr. President? Rountree: Mr. Bird. Bird: Hearing no more, I move we adjourn. We got out of here in an hour and a half. Zaremba: Second. Rountree: It's been moved and seconded that we adjourn. All those in favor signify by aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. I. Rountree: Thank you all. MEETING ADJOURNED AT 7:34 P.M. Meridian City Council July 7, 2015 Page 43 of 43 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) CCc n. (z 7/,D / 116 - PRESIDENT 16 - PRESIDENT CHARLIE ROUNTREE DATE APPROVED w YCE OLMAN, CITY CLE K- =a 0 "Guy... ��i uinn mF SEAL yf 4 M ��ede TIIf AS�Q Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve of Minutes Approve Minutes of May 26, 2015 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve of Minutes Approve Minutes of June 2, 2015 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve of Minutes C. Approve Minutes of June 16, 2015 City Council Special Joint 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: July 7, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve of Minutes Approve Minutes of June 16, 2015 City Council Meeting MEETING NOTES APPROVED 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: July 7, 2015 ITEM NUMBER: ITEM TITLE: IApprove of Minutes Approve Minutes of June 23, 2015 City Council Meeting MEETING NOTES WHO c 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Fire Alarm Monitoring Service Agreement F. Approval of Fire Alarm Monitoring and Service Agreement for the new Meridian Police Department Public Safety Training Center to Tyco/Simplex Grinnell for the Not - To -Exceed amount of $1,345.00.00 Description: Fire Alarm Monitoring and Service agreement for the new MPD Public Safety Training Center. The agreement is a $795.00 one time fee for Install and programming and an annual monitoring fee of $550.00. MEETING NOTES -5160' APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Eric Jensen Date: 6/24/2015 Re: July 7th City Council Meeting Agenda Item The Purchasing Department, on behalf of the Public Works Department, respectfully requests that the following item be placed on the July 7"' City Council Consent Agenda for Council's consideration. Approval of Fire Alarm Monitoring and Service Agreement for the new Meridian Recommended Council Action: Approval Fire Alarm Monitoring and Service Agreement for the new Meridian Police Department Public Safety Training Center to Tyco/Simplex Grinnell and authorize the Mayor to sign for the Not -To - Exceed amount of $1,345.00. Thank you for your consideration. 0 Page 1 Customer: Meridian City Hall (New Bldg) Date: 22 -JUN -15 Proposal #:408736 Term:01-JUL-15 to 30 -JUN -16 Service Location: Meridian Public Safety Training Center 1423 E WATERTOWER MERIDIAN, ID 83642 Billing Customer: Meridian City Hall (New Bldg) 33 E Broadway Ave MERIDIAN, ID 83642-0000 SimplexGrinnell Sales Representative: Colette Shirley 8783 W HACKAMORE DR BOISE, ID 83709 cshirley@simplexgrinnell.com INVESTMENT SUMMARY Excludes applicable Sales Tax . Service Solution Valid for 45 Days) SERVICE/PRODUCT DESCRIPTION QUANTITY FREQUENCY INVESTMENT One Time Investment Internet Communicator+ Installation & Programming Recurring Annual Investment ALARM & DETECTION- MONITORING SILENT KNIGHT PROGRAMMABLE FIRE ALARM SYS Fire Alarm Monitoring Basic Service (Up to 100 Devices) Internet Monitoring Total One Time Investment: Total Recurring Annual Investment: Total Investment: S00001 US.ENG (Rev. 12/2010) Page 1 of 7 © 2010 SimplexGrinnell LP. All rights reserved SUMMARY OF SERVICES Fire Alarm Monitoring Basic Service (Up to 100 Devices) Alarm signal initiated by a fire alarm control panel. Central Station will endeavor to notify the fire department and Customer when an alarm or trouble signal is received. This service includes 1- 800 toll-free signal transmission, 24-hour auto dialer test, and notification of Customer -provided Emergency Call List. Internet Monitoring Utilizes internet communicator as a primary communication path for fire alarm signals or primary path for security signals. Internet transmits alarms and supervisory conditions with zone and panel specific information. This service provides U.L. Line Security (formerly AA Line Security). Excludes monthly internet fees and internet equipment. SG0001 MENG (Rev. 12/2010) Page 2 of 7 © 2010 SimplexGrinnell LP. All rights reserved services to be provided by SimplexGrinnell LP ("Company") to Meridian City Hall (New Bldg) and is effective 01-JUL-15 to 30 -JUN -16 (the "Initial Term"). PAYMENT TERM: Annual In Advance CUSTOMER ACCEPTANCE: In accepting this Agreement, Customer agrees to the Terms and Conditions on the following pages and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT. Meridian City Hall (New Bldg) SimplexGrinnell Signature: C -c --A , R—t—�— Colette Shirley Print Name Title: C0 A CAI P"A1 "44 Phone#: (aaoO t# -(H-315 Fax M Email: PO#: Date: `j L7 t) 5 Phone #: 208-914-2097 Fax #: 208-376-2192 License #: (if Applicable) Authorized�� Signature:✓ Print Name: ss Lhr;s &l e,<sx, Title: �> A A Date: 7- 1 ®1.S" SG0001 US.ENG (Rev. 12/2010) Page 3 of 7 © 2010 SimplexGrinnell LP. All rights reserved TERMS AND CONDITIONS 1. Term. The Initial Term of this Agreement shall commence on the date of this Agreement and continue for the period indicated in this Agreement. At the conclusion of the Initial Term, this Agreement shall automatically extend for successive terms equal to the Initial Term, each and together a "Term" of this Agreement, unless either party gives written notice to the other party at least thirty (30) days prior to the end of the then -current term. 2. Payment. Payments shall be invoiced and due in accordance with the terms and conditions set forth in this Agreement. Work performed on a time and material basis shall be at the then -prevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement. 3. Pricing. The pricing set forth in this Agreement is based on the number of devices and services to be performed as set forth in this Agreement. If the actual number of devices Installed or services to be performed is greater than that set forth in this Agreement, the price will be increased accordingly. Company may increase prices upon notice to the Customer or annually to reflect increases in material and labor costs. Customer agrees to pay all taxes, permits, and other charges, including but not limited to slate and local sales and excise taxes, installation or alarm permits, false alarm assessments, or any charges imposed by any government body, however designated, levied or based on the service charges pursuant to this Agreement. The Customer's failure to make payment when due is a material breach of this Agreement. 4. Code Compliance. Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically stated in this Agreement. Customer acknowledges that the Authority Having Jurisdiction (e.g. Fire Marshal) may establish additional requirements for compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer. 5. Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of protection services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It is understood and agreed by the Customer that Company is not an Insurer and that insurance coverage, If any, shall be obtained by the Customer and that amounts payable to Company hereunder are based upon the value of the services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer's property and the property of others located on the premises. Customer agrees to look exclusively to the Customer's Insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any Implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or Injury arising from a failure of the equipment or service in any respect, Company's liability for Services performed on site at Customer's premises shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or, where the time and material payment term is selected, Customer's time and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Company's liability with respect to Monitoring Services is set forth in Section 17 of this Agreement. Such sum shall be complete and exclusive. If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be interpreted to hold Company as an insurer. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company's employees, agents, officers and directors. 6. Reciprocal Waiver of Claims (SAFETY Act). Certain of Company's systems and services have received Certification and/or Designation as Qualified Anti -Terrorism Technologies ("GATT") under the Support Anti -terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441A44 (the "SAFETY Act"). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Company and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R. 25.2, when GATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. 7. Indemnity. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, arising in any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent It in any such action. Customer's responsibility with respect to indemnification and defense of Company with respect to Monitoring Services is set forth in Section 17 of this Agreement. 8. General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their related costs. Customer acknowledges and agrees that by this Agreement, Company, unless specifically staled, does not undertake any obligation to maintain or render Customer's system or equipment as Year 2000 compliant, which shall mean, capable of correctly handling the processing of calendar dales before or after December 31, 1999. All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m. - 5:00 p.m.), Monday through Friday, excluding Company holidays), as defined by Company, unless additional times are specifically described in this Agreement. All work performed unscheduled unless otherwise specified in this Agreement. Appointments scheduled for four-hour window. Additional charges may apply for special scheduling requests, e.g. working around equipment shutdowns, after hours work. Company will perform the services described in the Service Solution ("Services ") for one or more systemic) or equipment as described in the Service Solution or the listed attachments ("Covered Systems)"). UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 9. Customer Responsibilities. Customer shall regularly lest the System(s) in accordance with applicable law and manufacturers' and Company's recommendations. Customer shall promptly notify Company of any malfunction in the Covered Systemic) which comes to Customer's attention. This Agreement assumes any existing systemic) are in operational and maintainable condition as of the Agreement date. if, upon inspection, Company determines that repairs are recommended, repair charges will be submitted for approval by Customer's on-site representative prior to work. Should such repair work be declined, Company shall be relieved from any and all liability arising therefrom. Customer further agrees to: • Provide Company clear access to Covered Systemic) to be serviced including, if applicable, lift trucks or other equipment needed to reach inaccessible equipment; • Supply suitable electrical service, heat, heat tracing adequate water supply, and required system schematics and/or drawings; • Notify all required persons, including but not limited to authorities having Jurisdiction, employees, and monitoring services, of scheduled testing and/or repair of systems; • Provide a safe work environment; • In the event of an emergency or Covered Systemic) failure, take reasonable precautions to protect against personal injury, death, and/or property damage and continue such measures until the Covered Systemic) are operational; and • Comply with all laws, codes, and regulations pertaining to the equipment and/or services provided under this agreement. Customer represents and warrants that it has the right to authorize the Services to be performed as set forth in this Agreement. 10. Repair Services. Where Customer expressly includes repair, replacement, and emergency response services in the Service Solution section of this Agreement, such services apply only to the components or equipment of the SG0001 US.ENG (Rev. 12/2010) Page 4 of 7 © 2010 SimpiexGrinnell LP. All rights reserved Covered System(s). Customer agrees to promptly request repair services in the event the System becomes inoperable or otherwise requires repair. The Agreement price does not include repairs to the Covered Systemic) recommended by Company as a result of an inspection, for which Company will submit independent pricing to customer and as to which Company will not proceed until Customer authorizes such work and approves the pricing. Repair or replacement of non -maintainable parts of the Covered System(s) including, but not limited to, unit cabinets, insulating material, electrical wiring, structural supports, and all other non-moving parts, is not included under this Agreement. 11. System Equipment. The purchase of equipment or peripheral devices, (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement. If, in Company's sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company, Customer or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon notice from Company. Failure of Customer to remove or replace the device shall constitute a material breach of this Agreement. if Customer adds any third party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered System(s) caused in whole or in part by such device or equipment. 12. Reports. Where inspection and/or test services are selected, such inspection and/or test shall be completed on Company's then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction. The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to properly by indicating obvious defects or impairments noted to the system and equipment inspected and/or tested. They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered Systemic), equipment, and components are under control at the time of inspection. Final responsibility for the condition and operation of the Covered System(s) and equipment and components lies with Customer. 13. Availability and Cost of Steel, Plastics & Other Commodities. Company shall not be responsible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available steel products or products made from plastics or other commodities. (i) In the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, if required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the relevant portion of the Agreement, at no additional cost and without penalty. Customer agrees to pay Company in full for all work performed up to the time of any such termination. (ii) If Company is able to obtain the steel products or products made from plastics or other commodities, but the price of any of the products has risen by more than 10% from the date of the bid, proposal or date Company executed this Agreement, whichever occurred first, then Company may pass through that increase through a reasonable price increase to reflect increased cost of materials. 14. Confined Space. If access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company's then -current hourly rate. 15. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer's knowledge there is no: • "Permit confined space," as defined by OSHA, Risk of infectious disease, Need for air monitoring, respiratory protection, or other medical risk, • Asbestos, asbestos -containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the floors, walls, ceilings, insulation or other structural components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as "Hazardous Conditions". Company shall have the right to rely on the representations listed above. If hazardous conditions are encountered by Company during the course of Company's work, the discovery of such materials shall constitute an event beyond Company's control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an independent testing agency, and Customer shall pay disruption expenses and re -mobilization expenses as determined by Company.This Agreement does not provide for the cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any of the Covered Systems) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal of such hazardous materials 16. Remote Service. If Customer selects Remote Service, Customer understands and agrees that, while Remote Service provides for communication regarding Customers fire alarm system to Company via the internet, Remote Service does not constitute monitoring or the system and Customer understands that Remote Service does not provide for Company to contact the fire department or other authorities in the event of a fire alarm. The Customer understands that if it wishes to receive monitoring of its fire alarm system and notification of the fire department or other authorities in the event of a fire alarm, it must select monitoring services as a separate service under this Agreement. CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THE TERMS OF SECTION 17.F OF THIS AGREEMENT APPLY TO REMOTE SERVICE. 17. Monitoring Services. If Customer has selected Monitoring services, the following shall apply to such services: A. Alarm Monitoring Service. Customer agrees and acknowledges that Company's sole and only obligation under this Agreement shall be to provide alarm monitoring, notification, and/or Runner services as set forth in this Agreement and to endeavor to notify the party(les) identified by Customer on the ContactlCail List ("Contacts") and/or Local Emergency Dispatch Numbers for responding authorities. Upon receipt of an alarm signal, Company may, at our sole discretion, attempt to notify the Contacts to verify the signal is not false. If we fail to notify the Contacts or question the response we receive, we will attempt to notify the responding authority. in the event Company receives a supervisory signal or trouble signal, Company shall endeavor to promptly notify one of the Contacts. Company shall not be responsible for a Contact's or responding authority's refusal to acknowledge/respond to Company's notifications of receipt of an alarm signal, nor shall Company be required to make additional notifications because of such refusal. The Contacts are authorized to act on Customer's behalf and, if so designated on the Conta t/Call List, are authorized to cancel an alarm prior to the notification of authorities. Customer understands that local laws, ordinances or policies may restrict Company's ability to provide the alarm monitoring and notification services described in this Agreement and/or necessitate modified or additional services and related charges to Customer. Customer understands that Company may employ a number of industry -recognized measures to help reduce occurrences of false alarm signal activations. These measures may include, but are not limited to, implementation of industry -recognized default settings; implementation of "partial clear time bypass" procedures at our alarm monitoring center and other similar measures at our sole discretion from time to time. THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY RESET. Upon receiving notification from Company that a fire or gas detection (e.g. carbon monoxide) signal has been received, the responding authority may forcibly enter the premises. Cellular radio unit test supervision, if provided under this Agreement, provides only the status of the cellular radio unit's current signaling ability at the time of the test communication based on certain programmed intervals and does not serve to detect the potential loss of radio service at the time of an actual emergency event. Company shall not be responsible to provide monitoring services under this Agreement unless and until the communication link between Customer's premises and Company's Monitoring Center has been tested. SUCH SERVICES ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of Monitoring Services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It Is understood and agreed by the Customer that Company Is not an insurer and that insurance coverage, if any, shall be obtained by the Customer and that amounts payable to Company hereunder are based upon the value of the Monitoring Services and the scope of liability set forth In this Agreement and are unrelated to the value of the Customer's property and the property of others located on the premises. Customer agrees to look exclusively to the Customer's Insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences there from that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its monitoring obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or Indirectly from occurrences, or the consequences there from, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service In any respect, Company's liability with respect to Monitoring Services shall be the lesser of the annual fee for Monitoring Services allocable to the site where the incident occurred or two thousand five hundred ($2,500) dollars. Such sum shall be complete and exclusive. If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be interpreted to hold Company as an insurer. SG0001 US.ENG (Rev. 12/2010) Page 5 of 7 0 2010 SimplexGrinnell LP. All rights reserved IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company's employees, agents, officers and directors. C. Indemnity, Insurance. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, arising in any way from any act or omission of Customer or Company relating in any way to the Monitoring Services provided under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customers general liability and auto liability policies. D. No modification. Modification to Sections 17 B or C may only be made by a written amendment to this Agreement signed by both parities specifically referencing Section 17 B and/or C, and no such amendment shall be effective unless approved by the manager of Company's Central Monitoring Center. E. Customer's Duties. In addition to Customer's duty to indemnify, defend, and hold Company harmless pursuant to this Section 17: I. Customer agrees to furnish the names and telephone numbers of all persons authorized to enter or remain on Customer's premises anchor that should be notified in the event of an alarm (the Contact/Call List) and Local Emergency Dispatch Numbers and provide all changes, revision and modifications to the above to Company in writing in a timely manner. Customer must ensure that all such persons are authorized and able to respond to such notification. it. Customer shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by Company during the term of this Agreement. Customer agrees that it is responsible for any losses or damages due to malfunction, miscommunication or failure of Customer's system to accurately handle, process or communicate date data. If any defect in operation of the System develops, or in the event of a power failure, interruption of telephone service, or other interruption at Customer's premises of signal or data transmission through any media, Customer shall notify Company immediately. If spacelinterior protection (i.e. ultrasonic, microwave, infrared, etc.) is part of the System, Customer shall walk test the system in the manner recommended by Company. iii. When any device or protection is used, including, but not limited to, space protection, which may be affected by turbulence of air, occupied airspace change or other disturbance, forced air heaters, air conditioners, horns, bells, animals and any other sources of air turbulence or movement which may interfere with the effectiveness of the System during closed periods while the alarm system is on, Customer shall notify Company iv. Customer shall promptly reset the System after any activation. v. Customer shall notify Company regarding any remodeling or other changes to the protected premises that may affect operation of the system. A. Customer shall cooperate with Company in the installation, operation and/or maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the system, the rendering of services and the provision of security for the premises. vii. Customer shall pay all charges made by any telephone or communications provider company or other utility for installation, leasing, and service charges of telephone lines connecting Customer's premises to Company. Customer acknowledges that alarm signals from Customer's premises to Company are transmitted over Customer's telephone or other transmission service and that In the event the telephone or other transmission service is out of order, disconnected, placed on "vacation", or otherwise interrupted, signals from Customers alarm system will not be received by Company, during any such interruption in telephone or other transmission service and the interruption will not be known to Company. Customer agrees that in the event the equipment or system continuously transmits signals reasonably determined by Company to be false and/or excessive in number, Customer shall be subject to the additional costs and fees incurred by Company in the receiving and/or responding to the excessive signals and/or Company may at its sole discretion terminate this Agreement with respect to Monitoring services upon notice to Customer. F. Communication Facilities, 1. Authorization. Customer authorizes Company, on Customers behalf, to request services, orders or equipment from a telephone company, wireless carrier or other company providing communication facilities, signal transmission services or facilities under this Agreement (referred to as " Communication Company"). Should any third party service, equipment or facility be required to perform the Monitoring services set forth in this Agreement, and should the same be terminated or become otherwise unavailable or impracticable to provide, Company may terminate Monitoring services upon notice to Customer. It. Digital Communicator. Customer understands that a digital communicator (DACT), if installed under this Agreement, uses traditional telephone lines for sending signals which eliminate the need for a dedicated telephone line and the costs associated with such dedicated lines. Ili. Derived Local Channel. The Communication Company's services provided to Customer in connection with the Services may include Derived Local Channel service. Such service may be provided under the Communication Company's service marks or service names. These services include providing lines, signal paths, scanning and transmission. Customer agrees that the Communication Company's liability is limited to the same extent Company's liability is limited pursuant to this Section 17. iv. CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMER'S TELEPHONE SERVICE FOR ANY REASON INCLUDING NETWORK OUTAGE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT OTHER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED TO SOME TYPES OF DSL, ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE -TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE RADIO, ETC. (" NON-TRADITIONAL TELEPHONE SERVICE")) INCLUDE BUT ARE NOT LIMITED TO: (1) LOSS OF NORMAL ELECTRIC POWER TO CUSTOMER'S PREMISES (THE BATTERY BACK-UP FOR THE ALARM PANEL DOES NOT POWER TELEPHONE SERVICE); AND (2) ELECTRONICS FAILURES SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT COMPANY WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF CUSTOMER'S ALARM SYSTEM WITH NON-TRADITIONAL TELEPHONE SERVICE AT THE TIME OF INITIAL CONNECTION TO COMPANY'S MONITORING CENTER AND THAT CHANGES IN CUSTOMER'S TELEPHONE SERVICE'S DATA FORMAT AFTER THE INITIAL REVIEW OF COMPATIBILITY COULD MAKE CUSTOMER'S TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO COMPANY'S MONITORING CENTERS. IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, COMPANY WILL PERMIT CUSTOMER TO USE NON. TRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT COMPANY RECOMMENDS THE USE OF AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE IS OR LATER BECOMES NON -COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON-TRADITIONAL TELEPHONE SERVICE THAT IS NOT COMPATIBLE, THEN COMPANY REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO COMPANY AS THE PRIMARY METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER. CUSTOMER UNDERSTANDS THAT TRANSMISSION OF FIRE ALARM SIGNALS BY MEANS OTHER THAN A TRADITIONAL TELEPHONE LINE MAY NOT BE IN COMPLIANCE WITH FIRE ALARM STANDARDS OR SOME LOCAL FIRE CODES AND THAT IT IS CUSTOMER'S OBLIGATION TO COMPLY WITH SUCH STANDARDS AND CODES CUSTOMER ALSO UNDERSTANDS THAT IF THE ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF A NON-TRADITIONAL TELEPHONE SERVICE LINE IS CUT OR INTERRUPTED, AND THAT COMPANY MAY NOT BE ABLE TO PROVIDE CERTAIN AUXILIARY MONITORING SERVICES THROUGH A NON-TRADITIONAL TELEPHONE LINE OR SERVICE. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM PANEL MAY BE UNABLE TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONNECTION OR OTHERWISE, G. Verification; Runner Service. Some jurisdictions may require alarm verification by telephone or on-site verification (Runner Service) before dispatching emergency services. In the event that a requirement of alarm verification becomes effective after the dale of this Agreement, such services may be available at an additional charge. Company shall not be held liable for any delay or failure of dispatch of emergency services arising from such verification. Where Runner Service is indicated, such services may be provided by a third party. COMPANY WILL NOT ARREST OR DETAIN ANY PERSON. H. Personal Emergency Response Service. If Customer has selected Personal Emergency Response Services, Customer agrees that the very nature of Personal Emergency Response Services, irrespective of any delays, involves uncertainly, risk and possible serious injury, disability or death, for SG0001 MENG (Rev. 12/2010) Page 6 of 7 © 2010 SimplexGrinnell LP. All rights reserved which Company should not under any circumstances be held responsible or liable; that the equipment furnished for Personal Emergency Response Services is not foolproof and may experience signal transmission failures or delays for any number of reasons, whether or not our fault or under Company's control; that the actual time required for medical emergency providers to arrive at the premises and/or to transport any person requiring medical attention Is unpredictable and that many contributing factors, including but not limited to such things as telephone network operation, distance, weather, road and traffic conditions, alarmequipment function and human factors, both with responding authorities and with Company, may affect response 18. Limited Warranty. COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL, EXCLUDING MONITORING SERVICES, FURNISHED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FURNISHING. Where Company provides product or equipment of others, Company will warrant the product or equipment only to the extent warranted by such third party. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. COMPANY MAKES NO WARRANTY OR REPRESENTATION, AND UNDERTAKES NO OBLIGATION TO ENSURE BY THE SERVICES PERFORMED UNDER THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER 31, 1999. 19. Taxes, Fees, Fines, Licenses, and Permits. Customer agrees to pay all sales tax, use tax, property tax, utility tax and other taxes required in connection with the equipment and services listed, including telephone company line charges, ff any. Customer shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all permit, license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use. Company may, without notice, obtain any required permit, license or registration for Customer at Customers expense and charge a fee for this service. if Customer fails to maintain any required licenses or permits, Company shall not be responsible for performing the services and may terminate the services without notice to Customer. 20. Outside Charges. Customer understands and accepts that Company specifically denies any responsibility for charges associated with the notification or dispatching of anyone, including but not limited to fire department, police department, paramedics, doctors, or any other emergency personnel, and if there are any charges incurred as a result of said notification or dispatch, said charges shall be the responsibility of Customer. 21. Insurance. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customers general liability and auto liability policies. 22. Waiver of Subrogation. Customer does hereby for itself and all other parties claiming under it release and discharge Company from and against all hazards covered by Customer's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against Company. 23. Force Majeure, Exclusions. Company shall not be responsible for delays, interruption or failure to render services due to causes beyond its control, including but not limited to material shortages, work stoppages, tires, civil disobedience or unrest, severe weather, fire or any other cause beyond the control of Company. This Agreement expressly excludes, without limitation, provision of fire watches; reloading of, upgrading, and maintaining computer software; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customers premises; vandalism; power failure; current fluctuation; failure due to non -Company installation; lightning, electrical storm, or other severe weather; water; accident; fire; acts of God; testing inspection and repair of duct detectors, beam detectors, and UWIR equipment; provision of fire watches; clearing of ice blockage; draining of improperly pitched piping; batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; corrosion (including but not limited to micro -bacterially induced corrosion ("MIC")); cartridges greater that 16 grams; gas valve installation; or any other cause external to the Covered System(s) and Company shall not be required to provide Service while interruption of service due to such causes shall continue. This Agreement does not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company's sole discretion at an additional charge. If Emergency Services are expressly included in the Service Solution, the Agreement price does not include travel expenses. 24. Delays. Company shall have no responsibility or liability to Customer or any other person for delays in the installation or repair of the System or the performance of our Services regardless of the reason, or for any resulting consequences. 25. Termination. Company may terminate this Agreement immediately at its sole discretion upon the occurrence of any Event of Default as hereinafter defined. Company may also terminale this Agreement at its sole discretion upon notice to Customer if Company's performance of its obligations under this Agreement becomes impracticable due to obsolescence of equipment at Customers premises or unavailability of parts. 26. No Option to Solicit. Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or her employment with Company, for a period of two years after the termination of this Agreement. 27. Default. An Event of Default shall include 1) any full or partial termination of this Agreement by Customer before the expiration of the then -current Term, 2) failure of the Customer to pay any amount within len (10) days after the amount is due and payable, 3) abuse of the System or the Equipment, 4) failure by Customer to observe, keep or perform any term of this Agreement; 5) dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the following remedies, 1) discontinue furnishing Services, 2) by written notice to Customer declare the balance of unpaid amounts due and to become due under the this Agreement to be immediately due and payable, provided that all past due amounts shall bear interest at the rale of 1 %% per month (18% per year) or the highest amount permitted by law, 3) receive immediate possession of any equipment for which Customer has not paid. 4) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and 5) recover all casts and expenses, including without limitation reasonable attorneys' fees, in connection with enforcing or attempting to enforce this Agreement. 28. One -Year Limitation on Actions; Choice of Law. It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on tort, Agreement, or any other legal theory. The laws of Massachusetts shall govern the validity, enforceability, and interpretation of this Agreement. 29. Assignment. Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement without obtaining Customer's consent. 30. Entire Agreement. The parties intend this Agreement, together with any attachments or Riders (collectively the "Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations, understandings or agreements between the parties, written or oral, and shall constitute the sole terms and conditions relating to the Services. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company. 31. Headings. The headings in this Agreement are for convenience only. 32. Severability. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 33. Electronic Media. Customer agrees that Company may scan, image or otherwise convert this Agreement into an electronic format of any nature. Customer agrees that a copy of this Agreement produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Customer agrees that Company's receipt by fax of the Agreement signed by Customer legally binds Customer and such fax copy is legally equivalent to the original for any and all purposes, including litigation. 34. Legal Fees. Company shall be entitled to recover from the Customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement. 35. License Information (Security System Customers): AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334) 264-9388: AR Regulated by: Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by the N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, TX 787524422, 512-424-7710. License numbers available at www.rumplexgrinnell.com or contact your local SimplexGrinnell office. SG0001 US.ENG (Rev. 12/2010) Page 7 of 7 © 2010 SimplexGrinnell LP. All rights reserved ;1 SimI'. June 24, 2015 City of Meridian — Meridian Public Safety Training Building 1423 E Watertower Meridian, ID, 83642 Subject: Service Agreement Addendum to Proposal #408736 Dear Eric: SimplexGrinaeH LP 8783 W. Hackamore Drive Boise, 1D 83709 P: 208.376.2111 w ..tveosimnlexarrnnell cam Here are the mutually agreed upon changes to the terms and conditions of the Service Solutions Agreement to provide monitoring under Proposal # 408736. Please sign below to fully incorporate these changes to the Service Solutions Agreement. We wish to extend our appreciation for your business. 1. Paragraph 7. Indemnity. Delete in its entirety. Provision 17 only applies to remote Alarm Monitoring Services. The terms and conditions under this Provision 17 are in line with those used throughout the Fire Alarm and Security Monitoring industry and are a key reason why Simpl"Grirmell can offer its customers reasonable pricing for the monitoring services provided. In order to provide these monitoring services, SimplexGrinnell can only make the following changes: 2. Paragraph 17(C) — Indemnity and Insurance for Monitoring. SimplexGrinnell will not agree to this deletion but will add to the beginning of the paragraph: "To the extent of applicable law". 3. Paragraph 21. Insurance. Delete in its entirety. 4. Paragraph 22. Waiver of Subrogation. Delete in its entirety, 5. Paragraph 28, One -Year Limitation on Actions; Choice of Law. Revise to read: "The laws of the State in which the services are performed shall govern the validity, enforceability, and interpretation of this Agreement." Other than as set forth to the contrary herein, all terms and conditions of the Agreement remain in effect and unchanged. Please acknowledge receipt and acceptance by signing below and returning a copy to: Pagel of 2 SimplexGrhmell LP 8783 W. Hackamofe Drive Boise, ID 83709 If you have any questions, please feel free to call me to discuss these amendments. SimplexGriiuretl LP ("Company„) Chris 11elarski District General Manager City of Meridian ("Customer") Accepte�d, by: p Title: fi XMJCJ►.Y I X11: (-� Date: -7/-1/,<' Service Agreement Addendum to Proposal #408736 Central Monitoring Subscriber Information The form should be sent to Central Station at least 24 hours prior to the technician's arrival at the customer site. Forms maybe faxed to 866- 852-2475 or sent electronically to csdataentrv(@simpiexgrinnell.com. Subscriber Name: Meridian Public Safety Training Center ❑ UL/ULC Acct ❑ Nat'l Acct Monitoring Acct M Permit #: ACE/Customer#: Address: 1423 E Watertower City: Meridian State/Province: ID Zip/Postal Code: 83642 County/Township: *Premise Phone#: Fax: Cross Street: Ext: Franklin Account Type: ❑- Fire ❑ Burglary ❑ Medical ❑ Elevator ❑ Critical Condition ❑ 2 Line Digital ❑ Cellular ❑ Internet ❑ Radio Contact List (Responsible Parties): Premise will be called prior to contact list Name Phone # (Ext) Pass/Abort Code (will take the place of acct # when calling) Jamie Leslie 208--941-9717 Chris Siems 208-631-5823 rj ennne tuwuess z41i) win riot oe cai eb atter nours except to verity burglar alarm Local Emergency Dispatch Nubmers (must be 24hr#) - NOT 911 Fire Dept (Local) 208-888-1234 IParamedics (Local) ( ) Police Dept (Local) 208-888-6678 Other: ( ) Local Jurisdictional Procedure Requirement: Communicator/Panel Make: Bosch Number of Partitions (if Using): Model#: C900v2 Format Reporting: ❑ 3x1 ❑ 4x2 ❑ Contact ID ❑ SIA ❑ Per Point ❑ Other Time Zone: MNT Daylight Savings Time Observed: Yes ❑ No Automatic Timer Test (Daily, Weekly, Monthly, None): Daily This account to receive history reports on the following basis: ❑ Weekly ❑ Monthly ❑ Quarterly Email address to send report to: Special Instructions: (text/fax of signals available in place of calling) Account will be programmed to send open/close signals (security alarms only) ❑ Yes ❑ No Type of Open/Close to be provided: ❑ Open/Close Log Only ❑ Supervised Open/Close Daily Schedule for supervised open/close monitoring: Daily Monday Tuesday Wednesday Thursday Friday Saturday Sunday Opening Time Closing Time **Window . ! �upeI viecu acwunu wm ue assignea a ou minute wmbow Tor scneauleti openings and closings. It subscriber requests a longer or shorter window, please specify. Holidays/School Vacations closed: Subscriber/Authorized Signature: Subscriber Name Printed: Eric M Jensen SimplexGrinnell Employee: Colette Shirley District Number: 444 Date: Date: 6/22/2015 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: WWTP Safety Upgrades G. Approval of Change Order 1 "WWTP Safety Upgrades" to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $11,072.00. Description: Approval of Change Order 1 for "WWTP Safety Upgrades" to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $11,072.00. This change order represents a 22% increase in the contract amount for a total of $60,000.00. MEETING NOTES om 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 Worthington Date: 06/30/2015 Re: July 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 71' City Council Consent Agenda for Council's consideration. Recommended Council Action: Approval of Change Order 1 for "WWTP Safety Upgrades" to Cascade Enterprises, Inc. for the Not -To -Exceed amount of $11,072.00. This change order represents a 22% increase in the contract amount for a total of $60,000.00. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT N0. 10507.B DATE: 5/19/2016 EFFECTIVE DATE: 6/19/2015 CONTRACTOR: CASCADE ENTERPRISES, INC. PROJECT: WWTP SAFETY UPGRADES The Contractor Is horeby directed to make the following changes from the Contract Documents and Plans, Doscription: THE CONTRACTOR PRESENTED A BETTER SOLUTION FOR THE DIGESTER #3 STAIRS AND A NEW LADDER TO ACCESS THE TOP OF THE DIGESTER. Reason for Change Order: THE CONTRACTOR PRESENTED A BETTER SOLUTION FOR THE DIGESTER #3 STAIRS TO MODIFY THE ANGLE THE STAIRS WERE PLACED AND ADJUST THE WIDTH. ALSO THE EXISTING LADDER TO THE ROOF OF THE DIGESTER WAS REPLACED WITH A NEW LADDER THAT TIED INTO THE NEW STAIRS AND PLATFORM. Attachments: CONTRACTOR ESTIMATE CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ $ 48,928.00 Original Contract Times: 60 Net changes form previous Change Orders Net changes form previous Change Orders No.`to_, No._lo_ (calendardays) $ 0 Contract Price Prior to this Change Order: Contract Times prior to [his Change Order: (calendardays) $ 48,928.40 60 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendardays) $ 11,072.00 60 Contract Price with all Approved Change Orders: Contract Times vdth all Approved Change Orders: (calendardays) $ 60,000.00 120 APPROVED: (CITY PURCHASING AGEN ACCEP�gD. onlfactof)CAS EFJtTERPMSES 113y: Keith Walls / Y Date: G ! 5/ Dale: CSS�cr RECOMMENDEEP: (Pro%ject,ivul ger) ., Gprrick'tlelson '-'' nPrena Dale: 18 May -15 p4° 0 co sr IAI ItKI� ,y City of jJaycee L. Holman -?//s- TRF Asea 03/03/15 Emily Skoro, C/o City of Meridian 33 E. Broadway Ave. Suite 200 Meridian, ID 83642 Project#10029A Re: W WTP Safety Improvement Project Digester No.3 Alternate Pricing Scope of Work: Access Stairs & Cantilevered Platform: Cell: (208) 991.7146 Office: (208) 343.4009 Fax: (208)343.4838 7512 Lemhi St. Suite 3 — Boise, ID 83709 ryan@cascade-enterprises.com PWC -C -003516 -AA -1-3-4 1) Galvanized Stairway w Aluminum Handrail & Cantilevered Landing (Straight) .................$ 18,860.00 a. Includes Saw -cutting Existing Asphalt b. Includes 3ea 8" X 24" X 48" Slab Footings C. Includes Mid -Landing at half -way point of stairs d. Includes Ships Ladder Access to Digester Lid e. Includes Shop Drawings f. Does not Include Engineering Original Scope @ Digester Access: 1) Platform & Access Modifications.................................................................................................$ 9,516.00 Total Change (Add) to Original Contract: 1) New Stair Proposed less Original Scope......................................................................................$ 9,344.00 a. Request additional 20 days for Change in Scope (pending approvals) Final Design Additions: 1) Grating & Treads $ 698.00 2) Channel/HSS $ 473.67 3) Extra lbs to Galvanize $ 339.78 4) Detailing $ 500.00 5) Railing $ 992.00 6) Labor S 520.00 7) Subtotal $3,523.45 8) Subs OH& P @ 15% $ 528.52 9) Cascade OH& p @ 10% $ 405.20 10) Cost Impact $4,457.17 Total Change (Add) to Original Contract 1) Upon Approval of Additional Costs.............................................................................................$ 13,801.17 Sincerely, Ryan Steinwand Account/Project Manager "We Specialize in helping clients meet their business demands". Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: SCADA System Upgrades . Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades - Water SCADA Application Development" to DC Engineering in the Not -To -Exceed amount of $20,900.00 Description: Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades - Water SCADA Application Development" to DC Engineering in the Not -To - Exceed amount of $20,900.00. This change order represents a 29% increase in the task order amount for a total of $92,000.00. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ah 11 0 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 06/30/2015 Re: July 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 7t' City Council Consent Agenda for Council's consideration. Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades — Water SCADA Application Development" to DC Engineering in the Not -To -Exceed amount of $20,900.00. Recommended Council Action: Approval of Change Order 2 to Task Order 10417.d for "SCADA System Upgrades — Water SCADA Application Development" to DC Engineering in the Not -To -Exceed amount of $20,900.00. This change order represents a 29% increase in the task order amount for a total of $92,000.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 2 33 EAST BROADWAY PROJECT NO, 10417.4 MERID€AN, ID 83642 DATE: June2572015 EFFECTIVE DATE: CONTRACT CHANGE ORDER CONTRACTOR: DC Engineering PROJECT: SCADA System Upgrades -Water SCADA Application Development The Contractor 1s hereby directed to make the fol lovAng changes from the Contract Documents and Plans. Description: 1. Add into the system platform application additional wells 11, 17 and 25 2. Add into the system platform application additional wells 12, 16, 18, 23 and 26. 3. Specify new SCADA hardware, 4. Setup temporary SCADA hardware. S. Remove VVIN911 mobile. 6, Add coordination time for the condition based monitoring software installation project. Reason for Change order: Changes were not Included in the original scopo. Additional time required. Attachments; Change order request from DC Engineering dates May 29, 2015. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $47,600.00 Original Contract Ttmas: 192 days Not changes form previous Changs Orders Net ehangea farm previous Change Orders Me—to— No,_._,to_, (catendardays) $23,500,00 7 days Contract Price Priorto this Change Order. Contract Times prior to this change order: (ealendardaya) $71,100.00 199 days Net Increase (decrease) of this Change Order. Not Increase (decrease) of this Change Order. (ca)eedardays) $20,900.00 90 days Contract Price With all Approved Change orders: Contrac€ Times with sit Approved Change Orders: (mlandardaYa) $92,000,00 289 days APPROVED: (City Pumhasrng�r) ACCEPTED: (con By: Keith Watts Date: �30�5"®.. (tractor) BY: /Vt. c t i JGJ f e Dater 115 RECOMMENDED: (city Pmjw manager) DATE APPROVED BY COUNCIL f�. t l T ^` By- `' `" `' NO S(DNATURE REQUIRE Dote: 619,51,s oRPteonue�s T6: APPROVED: (c" City of By: �, P IDIA Data: .' / ,onx yClerk, cc .Hot d a �r iris TAE aS�A May 29, 2015 Mr. Clint Worthington City of Meridian Public Works 33 East Broadway Ave Meridian, ID 83642 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 Subject: SCADA Application Development - Programming Additional Services — Add Well 11, 17, 25, 12, 15, 18, 23, 26 and Condition based monitoring coordination. Mr. Worthington, The following additional services have been requested for the above referenced project. These changes were not included in the original estimate and require additional time to complete. As a result we are asking for an increase to our not to exceed amount of $20,900.00 (Twenty Thousand Nine Hundred Dollars) to complete the programming and startup. Project changes; • Add into the system platform application additional wells 11, 17 and 25. o Includes configure system platform objects for use in the application, populating displays, configuring 1/0, and testing operation from remote site to Wonderware application. • Add into the system platform application additional wells 12, 15, 18, 23 and 26. o Includes configure system platform objects for use in the application, populating displays, and configuring UO. Testing from the remote site to the Wonderware is not included due to the fact that these sites have not been upgraded and connected to the new colmmunication network yet. • Specify New SCADA hardware (monitors, PC's, cabling) • Setup temporary SCADA hardware • Remove WIN911 mobile (due to IT restricting web access this will not be feasible and it is not currently supported on Win91 I Enterprise Edition) • Add coordination thne for the condition based monitoring software installation project. An allowance of 40 hours to be billed T&M for support and coordination as needed. DC Engineering Pee breakout Additional wells currently in-service: $ 8,000.00 Additional future wells: $ 6,000.00 Specify SCADA Hardware: $ 2,500.00 Setup temporary SCADA Hardware: $ 1,200.00 Deduct for WIN911 mobile $ -1,000.00 Condition based monitoring coordination T&M $ 4,200.00 Total: $ 20,900.00 If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, DC FNGINEERTNG, P.C. Law l-tuddlest-Dtt. Lane Huddleston DC Engineering Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Loprest Water Treatment Co Approval of Award of Bid and Agreement to Loprest Water Treatment Co. for the "Well 27 Water Treatment Filter Equipment" Project for a Not -To -Exceed amount of $574,700.00 Description: This award is the result of formal RFP #PW -15-01492.B. Two companies responded and Loprest was the highest ranked proposer. The attached contract is the result of negotiations with Loprest. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: 6/30/2015 Fund: 60 Department: Construction: EQIPMENT CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PUBLIC WORKS 3490 GL Account: 96158 Project # PSA: Task Order: Project Name: WELL 27 WATER TREATMENT FILTER EQUIPMENT Project Manager: Dean Stacey Department Representative: Contractor/Consultant/Design Engineer: Loprest Waater Treatment Co. Budget Available (Attach Report): Yes Contract Amount: $574,700.00 Will the project cross fiscal years? Yes X No 10492.B Budget Information: FY Budget: 15/16 Enhancement#: 16 Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated X Master Agreement (Bid Results Attached) (Ratings Attached) Yes (Category) Typical Award Yes X No If no please state circumstances and conclusion: Two companies responded to the RFP. Loprest was chosen. 10 Day Waiting Period Complete: PW License# n/a Yes Date Award Posted: Current? (attach print out) n/a Corporation Status n/a Insurance Certificates Received (Date): n/a Rating: n/a Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X (Only applica bale for projects above $1,000,000) Rating: If yes, has policy been purchased? n/a Date Submitted to Clerk for -Agenda: July 1, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 21, 2015 J To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey Date: 6/30/2015 Re: July 7th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 7th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Loprest Water Treatment Co. for the "Well 27 Water Treatment Filter Equipment" proiect for a Not -To -Exceed amount of $574,700.00. Recommended Council Action: Award of Bid and Approval of Agreement to Loprest Water Treatment Co. for the Not -To -Exceed amount of $574,700.00. Thank you for your consideration • Page 1 C � WEN1DIAN� Public ILA H Nn Works Department TO: PURCHASING FROM: DEAN STACEY DATE: 25 March, 2015 Mayor Tammy de Weerd City Council Membercr Charlie Rountree Keith Bird Joe Berton Luke Cavener Genesis Milam David Zaremba SUBJECT: PROJECT INFO MEMO; Construction, Waterline Replacement E. Loch Meadow — N. Laughridge Ave to End DEPARTMENT CONTACT PERSONS Dean Stacey, Project Manager 489-0386 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 DESCRIPTION A. Background The Public Works Department has budgeted for the replacement of aging water and sewer lines throughout the City. A replacement priority schedule has been completed based on pipe material, size, and age. B. Proposed Project The project includes replacement of approximately 1320 linear feet of existing 6 inch water main with new 6 inch main on East Loch Meadow Court and North Meadowglen Place from Laughridge Avenue to the end of the street. Two new fire hydrants will be installed in the project, one at the end of each cul-de-sac. This will provide improved fire flow and expand the capability of fire -fighting operations should the need arise. The existing water meters and pits will be replaced with new to allow the City Water Department better access to repair and maintain the systems. Water service lines will also be installed from the new main to the new meter pits. Page 1 of 2 Itt1lFuU-119 i A. Strategic Impact: Completing this project will allow Meridian Public Works to provide new infrastructure that supports the needs of our growing community, and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The existing 6 inch water main and attached services were installed in 1972. The pipe replacement was based on age, undesirable pipe material and size which cause an increased risk of breaks and reduction/lack in fire flows. The existing pipes will be replaced with 8 inch PVC. C. Fiscal impact: Project Costs Engineer's Design Estimate $163,600 Total $163,600 Project Funding Waterline Extension / 95000 $163,600 IV. TIME CONSTRAINTS Execution of the attached agreement will be accomplished in the current fiscal year, prior to 30 Sep 2015. /,I/ / Public Works Approval: / , 3 z Date Page 2 of 2 AGREEMENT FOR THE SUPPLY OF WELL 27 WATER TREATMENT FILTER EQUIPMENT PROJECT #10492.8 ,.ASTHIS 113 EMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this _day of Nkly, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Loprest Water Treatment Co., hereinafter referred to as "SUPPLIER", whose business address is 2825 Franklin Canyon Rd., Rodeo, CA 94572. INTRODUCTION Whereas, the City has a need for WELL WATER FILTRATION EQUIPMENT; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Request for Proposals titled "Well 27 Water Treatment Filter Equipment" and suppliers proposal dated June 11, 2015, which by this reference are incorporated herein, together with all addendums issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUPPLIER represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Well 27 Water Treatment Filter Equipment — page 1 of 10 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not -To -Exceed amount of $547,700.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, SUPPLIER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, Well 27 Water Treatment Filter Equipment — page 2 of 10 violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent SUPPLIER: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent SUPPLIERS and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. Well 27 Water Treatment Filter Equipment — page 3 of 10 6. Indemnification and Insurance: SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident oroccurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or subSUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date SUPPLIER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. Well 27 Water Treatment Filter Equipment — page 4 of 10 6.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the SUPPLIER'S insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Bonds: Payment and Performance Bonds are required. 8. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwattsOmeridiancity.org Well 27 Water Treatment Filter Equipment — page 5 of 10 Loprest Water Treatment Co. Attn: Randy L. Richey 2825 Franklin Canyon Rd. Rodeo, CA 94572 Ph. 510-799-7433 e-mail: Randy0loprest.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement Well 27 Water Treatment Filter Equipment — page 6 of 10 for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Well 27 Water Treatment Filter Equipment — page 7 of 10 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: X --t Dated:zool Approved by City jy�f1 iA \ IUAH L. ULDAWCITY CLER Purchasing Department Approval BY: Keith Watts, Purchasing Manager Dated: Well 27 Water Treatment Filter Equipment LOPRUT WATER TREATMENT CO. BY: 'k - Dated: Approved as to Form CITY ATTORNEY Public,,/WIrks D pai rtment Approval BY. , Warren Stewart, /City Engineer Dated: 61/"fir t t page 8 of 10 Attachment A F*01 :4612Y& :ir REFER TO REQUEST FOR PROPOSALS PW -15-10492.B, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #PW-15-10492.B,and written proposal by Randy L. Richey dated April 30, 2015 and revision dated June 11, 2015 (including Option 1) are by this reference made a part hereof. Well 27 Water Treatment Filter Equipment — page 9 of 10 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $547,700.00. TASK DATE (Dependenton PAYMENT A Written Approval of Drawings (+/- 5 days) (submission 30 Days from $109,540.00 of detailed system design must be submitted by Notice of Award B. Receipt of Equipment (+/- 30 days) 250 Days from $328,620.00 Notice of Award C. Final Acceptance of project (+/- 30 days) 335 Days from $109,540.00 Notice of Award CONTRACT TOTAL ....................... $547.700.00 Well 27 Water Treatment Filter Equipment — page 10 of 10 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Bid Custom Electric, INC Approval of Award of Bid and Agreement to Custom Electric, Inc. for the "Well 15, Well 18 and Well 26 Control System Upgrades" Project for a Not -To -Exceed amount of $127,870.00 Description: This request is the result of Formal Bid PW -15-10417.h. Four bids were received. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 J To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: XX/XX/XXXX Re: July 71h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 7`h City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Custom Electric Inc for the "Well 15 Recommended Council Action: Award of Bid and Approval of Agreement to Custom Electric, Inc. for the Not -To -Exceed amount of $127,870.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 5/28/2015 REQUESTING DEPARTMENT Public Works Fund: .E Department: 3400 GL Account: 94300 Project if 10417.h.sca Construction: x PSA: Task Order: Project Name: Well 15, 18 and 26 - Control System Upgrades Project Manager: Clint Worthington Department Representative: Contractor/Consultant/Design Engineer: Custom Electric Budget Available (Attach Report): yes Will the project cross fiscal years? Yes Contract Amount: $127,870.00 No x Budget information: FY Budget: FY15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) yes (Ratings Attached) (Category) Typical Award Yes x No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: June 27, 2015 PW License# C12614 Current? (attach print out) Date Award Posted: Yes June 17, 2015 Corporation status Goodstanding Insurance Certificates Received (Date): June 30, 2015 Rating: A++ Payment and Performance Bonds Received (Date): June 30, 2015 Rating: A Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION PROJECT # 10417.h THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7th day of July, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Custom Electric. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 104 E. Fairview Ave #102. Meridian, ID 83642 and whose Public Works Contractor License # is C -12614 -AAA -4. INTRODUCTION Whereas, the City has a need for services involving WELL 15, W ELL18 AND JNTROL SYSTEM UPGRADES - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 1 of 16 Project 10417.h state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $127.870.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. WELL 15, W ELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 2 of 16 Project 10417.h 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 45 (forty five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 3 of 16 Project 10417.h 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: WELL 15, W ELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 4 of 16 Project 10417.h 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of WELL 15, W ELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 5 of 16 Project 10417.h the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance perthe ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written WELL 15, W ELL16 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 6 of 16 Project 10417.h amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates 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. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: httD://www.meridiancity.or(l/environmental.asr)x?id=13618. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 7 of 16 Project 10417.h transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 8 of 16 Project 10417.h 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. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. 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. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply WELL 15, W ELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION page 9 of 16 Project 10417.h with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. 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. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian CUSTOM ELECTRIC, INC Purchasing Manager Attn: Russell Steadman 33 E Broadway Ave 104 E. Fairview Ave., #102 Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-855-0228 Email: Russel lCa)customelectricinc.net Idaho Public Works License # C -12614 -AAA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: C Cc r1 , R U"La Dated:—% 1�// Approved by Council:. city 0E RK \Daxo CUSTOM ELECTRIC, C BY: RUSSELL STEADMAN, Vice President 6 . u2 �? - .2 0/5 WELL 15, W ELL18 AND WELL 26 -ktff�OL SYSTEK' GRADES -CONSTRUCTION page 10 of 16 Project 10417.h �aI rRe nsos� Purchasin Apar v P BY: KEIT // S, Purchasing Manager Dated:: �P .3Q / ®— Project Manager Clint Worthington Department Ap i!oval BY: a - - -1 WARREN STEWART, Engineering Manager Dated:: (,t ' WELL 15, WELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 11 of 16 Project 10417.h EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10417.h ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10417.h, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY Bowen Collins & Associates, Inc dated 4-27-2015 (35 pages) SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by Bowen Collins & Associates, Inc PART 1 — GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for unit prices. 1.2 DEFINITIONS A. Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as price per unit of measurement for materials, equipment, WELL 15, W ELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 12 of 16 Project 10417.h or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased. 1.3 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Owner reserves the right to reject Contractor's measurement of work -in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. C. List of Unit Prices: A schedule of unit prices is included on the Bid Form. Drawings referenced in the schedule contain requirements for materials described under each unit price. 1.4 MEASUREMENT AND PAYMENT A. This section defines the manner in which the Lump Sum Prices, Unit Prices, and the Allowances listed in the Bid Schedule will be used to determine measurement and payment for all Work. Bid amounts will include all plant, equipment, tools materials, labor, service, and all other items required to complete the Work included in the Agreement unless specifically excluded by this section. Work required for which no separate Bid item is identified will be considered as a subsidiary obligation of the Contractor, and the cost therefore shall be included in the most applicable Bid item. C. Payment for all items of the Bid Schedule shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including but not limited to all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Utah Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). D. All costs shall be included in the prices named in the Bid Schedule for the various items of Work. Except as otherwise provided herein, no separate payment will be made for any item that is not specifically set forth in the Bid Schedule. E. All estimated quantities stipulated in the Bid or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the Bids submitted for the Work. The actual amounts of Work done and materials furnished under unit price items may differ from the estimated quantities. The bass of payment for work and materials will be the actual amount of work done and materials furnished. Contractor agrees that he will make no claim for WELL 15, W ELL16 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 13 of 16 Project 10417.h damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts thereof. 1.5 LUMP SUM - MEASUREMENT AND PAYMENT A. Lump Sum Bid Items Bid Item No. 1 — Mobilization/Demobilization a. No measurement will be made for this bid item b. The sum allowed for Bid Item No. 1 as set forth in the Bid Form includes all Work for and in connection with the construction contract in its entirety, including but not limited to all costs associated with permit fees and other related costs to ensure compliance with the Division of Building Safety. c. Payment for Work under these Bid items will be based on the approved breakdown of costs (Schedule of Values) for each scheduled activity and the percentage of completion for each activity in accordance with the Contract Documents and as approved by the Engineer. d. Payment for mobilization —Mobilization, shall equal six percent (6.0%) of the total lump sum bid price. The payment for mobilization is not in addition to but is part of the lump sum price forthe Work. A separate activity for mobilization shall be included in the Schedule of Values. This activity shall include all principal items and all submittals as applicable. The remaining lump sum, except as otherwise required by this Agreement, shall be appropriately distributed among the remaining work activities that make up the total lump sum price. No more than 25 percent of the payment for mobilization will be paid until all submittals have been approved bythe Engineer. 100 percent of the payment for mobilization will not be paid until 30 percent of the total Contract amount is earned. 2. Bid Item No. 2 — Instrumentation a. No measurement will be made for this bid item. b. The sum allowed for Bid Item No. 2 asset forth in the Bid Form includes all Work for and in connection with the construction contract in its entirety, including but not limited to all costs associated with permit fees and other related costs to ensure compliance with the Division of Building Safety. c. Payment for Work under this Bid item will be based on the approved breakdown of costs (Schedule of Values) for each scheduled activity and the percentage of completion for each activity in accordance with the Contract Documents and as approved by the Engineer. 3. Bid Item No. 6 — Testing a. Measurement will be made during startup as described on Drawing 1-000 for this bid item. b. The sum allowed for Bid Item No. 6 asset forth in the Bid Form includes all Work for and in connection with the construction contract in its entirety, WELL 15, W ELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 14 of 16 Project 10417.h including but not limited to all costs associated with permit fees and other related costs to ensure compliance with the Division of Building Safety. c. Payment for Work under this Bid item will be based on the approved breakdown of costs (Schedule of Values) for each scheduled activity and the percentage of completion for each activity in accordance with the Contract Documents and as approved by the Engineer. 4. Bid Item No. 7 — Other Miscellaneous a. No measurement will be made for this bid item. b. The sum allowed for Bid Item No. 7 asset forth in the Bid Form includes all Work for and in connection with the construction contract in its entirety, including but not limited to all costs associated with permit fees and other related costs to ensure compliance with the Division of Building Safety. c. Payment for Work under this Bid item will be based on the approved breakdown of costs (Schedule of Values) for each scheduled activity and the percentage of completion for each activity in accordance with the Contract Documents and as approved by the Engineer. 1.6 UNIT PRICE — MEASUREMENT AND PAYMENT A. Measurement and calculation of quantities for payment to be as indicated in this section. B. Unit prices or lump sum amounts to include full compensation forfurnishing all labor, materials, products, tools, equipment, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit, and doing all work shown on the Drawings, defined in the Specifications, and/or stipulated herein. C. Payment covers the cost of incidental work which includes: quality control and testing; temporary facilities; as -built drawings; removal and disposal of waste materials; constructing needed temporary access to construction areas; removal and replacement of landscape materials and irrigation systems equal to or better than existing if damaged by the Contractor's operations; temporary watering of landscape strips and landscaping while irrigation facilities are being repaired; dust control; site cleanup; and all other necessary work, to install the Work complete in place. WELL 15, W ELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 15 of 16 Project 10417.h 10 MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $127,870.00. Milestone 1 Substantial Completion 45 Days from Notice to Proceed Milestone 2 Final Completion 60 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION per IFB PW -15-10417.h CONTRACT TOTAL ....................... $127.870.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. I Description I QuantitV I Unit I Unit Price 1 Mobilization/Demobilization: 1 LS $825.00 2 Instrumentation: (Drawings 1-110, 1-210, & 1-310 1 LS $43,050.00 3 PLC Control Panels: (Drawings 1-120, 1-220, 1-320) 3 EA $22.840.00 4 Power Monitor Panels: 6(Drawing 1-000 1 LS $2,900.00 Other Misc.: 7 Include all misc. work not mentioned herein. 1 LS 1 $3,500.00 WELL 15, WELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 16 of 16 Project 10417.h I -- J N W w 0 M N LO r N N r d c LJ m F- 06 LU F- 4 �u� u nu � eTRAKiT Page 1 of 1 Home I Setup an Account ILo91n CophaclorV Username Fassnom LOGIN 11 REMEMBER ME Forgol Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schetlole Cancel Elevators Search Elovalors Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search A' Search Again Download Results Printable View First PreV Details - License Number: PWC -C-12614 Lis Info (Fees $Z950.001 Registration#: PWC -C-12614 Issue: 4/15/2015 Expire: 4/30/2016 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Company: Custom Electric, Inc. Phone: (208) 855-0228 Cell: (208)941-6390 Pager: Fax: (208)855-5041 Owner Name: Page: 1 of 1 ;Next, ,Lasl, the Orvision of building Safety.makes every enod to protluce and publish the most airzenl and accalate infonnalwu possible No rrartanGes, expressed or implled, are pmvM.d for the data'I"Ou ds use, or its interpretation. Ulilaation of This erebsile indicates understanding and acceptance o(Ihis statement 1-800.9553044, 1090 E WaledovrerSt, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublicWorksSearchRslts.aspx 6/17/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE a Viewing Business Entity „rte }4�f Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CUSTOM ELECTRIC INC. ] [ Monitor CUSTOM ELECTRIC INC business filings ] CUSTOM ELECTRIC, INC. 104 E. FAIRVIEW AVE. BOX 102 MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 18 Dec 1995 State of Origin: IDAHO Date of 18 Dec 1995 Origination/Authorization: Current Registered Agent: RUSSELL STEADMAN 124 NW 10TH ST SUITE 104 MERIDIAN, ID 83642 Organizational ID / Filing C113026 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 15 Oct 2014 Annual Report Due: Dec 2015 Original Filing: [ Help Me Print/View TIFF ] Filed 18 Dec 1995 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 CHNG View Image (PDF format) View RA/RO Image (TIFF format,) Report for year 2009 CHNG View Image (PDF format) View RA/RO Image (TIFF format) Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) http://www.accessidaho.org/public/sos/corp/Cl 13026.html 6/17/2015 IDSOS Viewing Business Entity Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Page 2 of 2 View Imaqe (PDF format) View Report for year 1996 MISCELLANEOUS View Image (PDF format) View Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(nosos.idaho.gov http://www.accessidaho.org/public/sos/corp/Cl 130261tml 6/17/2015 Image (TIFF format] View Image (PDF format) View Image (TIFF formaU View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Report for year 1996 MISCELLANEOUS View Image (PDF format) View Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(nosos.idaho.gov http://www.accessidaho.org/public/sos/corp/Cl 130261tml 6/17/2015 s1. O� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD 06/26/2001515 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ,��gp BN��-, BALLENGER INSURANCE y+' lig CEINa: 333���"' P 0 BOX 450I +�,a n J NAMPA ID 83653 V U 2015 - CONTACT BRENDA SCOTT PHONE (20B) 466-8944 Fax (2OB) 465-0539 AC aDoale :brenda(Pballengerin_surance. coal INSURER(S) AFFORDING COVERAGE NAIC p -- INSURER A:AUTO-OWNERS INSURANCE A +4- 1 [NRED IC:62226 °-'r- - TOM ELECTRIC INC BOX 102 IDIAN ID 83642INSURERS: - INSURER B:AUTO-OWNERS INSURANCE INSURER C:AUTO-OWNERS INSURANCE INSURERD:AUTO-OWNERS INSURANCE INSURER F COVERAGES CERTIFICATE NUMBER- RFVIRION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDNYYY) POLICY EXP (MMIDDIYYYYJ LIMITS A GENERAL LIABILITY 57352562 05/11/201505/11/2016 EACH OCCURRENCE $ 1,000,000 X COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR / / / / / / / / DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (My one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: / / / / PRODUCTS - COMPIOPAGG $ 2,000,000 POLICY PRO LOC / / / / HRDANDNON-OWNED $ 1,000,000 B AUTOMOBILE LIABILITY 50-352582-00 05/11/201505/11/2016 COMBINEDSINGLESINGLE LIMIT 1,000,000 X ANY AUTO / / / / BODILY INJURY (Per person) $ 1AUTOS ALL OWNED SCHEDULED AUTOS AUTOS / / / / BODILY INJURY (Per accident) $ HIRED AUTOS NON-0WNED / / / / PROPERTY DAMAGE $ Per accident $ / / / / C X UMBRELLA LIAR X OCCUR 50-352582-01 05/11/201505/11/2016 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAI:IiIADE / / / / AGGREGATE $ 1,000,000 DED I I RETENTION / / / / $ D WORKERS COMPENSATION 57106919 06/01/201506/01/2016 WC STATU- OTH TORY I IMITS PR AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE� OFFICERIMEMSER EXCLUDED? (Mandatory In NH) NIA / / / / / / / / E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYE $ 1,000 000 If yes, describe antler DESCRIPTION OF OPERATIONS below / / / / E.L. DISEASE -POLICY LIMIT $ 1,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CITY OF MERIDIAN PURCHASING DEPARTMENT 33 E BROADWAY AVE. STE. 106 MERIDIAN ID 83642 - ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE INS 025(2010o5).01 The ACORD name and logo are registered marks of ACORD JUN 3 0 2015 #1AIA Document A312TM . 2010FINAN E DEPT Performance Bond CONTRACTOR: (Name, legal status and address) Custom Electric, Inc. 104 E Fairview Ave Meridian, Idaho 83642 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: 07/07/2015 Amount: $127,870.00 SURETY: (Name, legal status and principal place of business) Indemnity Company of California 17771 Cowan Suite 100 Irvine, CA 92614 Description: (Name and location) Well 15, Well 18 and Well 26- Control System Upgrades - Construction Project #10417.h BOND Date: 07/07/2015 (Not earlier than Construction Contract Date) Amount: $127,870.00 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company Custom Electric, Inc. Indemnity Company of Signature: ` Signatu �17Name r,.5 foA Sty— Name and Title: U"'t P/4 e S; d i— #Per and Titie. (Any additional signatures appear on the lasi page of th (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party.) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Seal) Bond No. 491053P This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This is not a single combined Performance and Payment Bond. IntL ••m• um nasi,•--eunu. me AmenranlnsGtuteorArchaects. - aniu § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Constmction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Ink AIA Document A312--2070. The American Inafaute of Amhitects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Inn. AIA Document Aat2^ —2010. The American Institute of AmhRects. § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A072--2010. The American lnalauts of Amhhects. 4 %SAIA Document A312 TM .2010 Payment Bond CONTRACTOR: (Name, legal status and address) Custom Electric, Inc. 104 E Fairview Ave Meridian, Idaho 83642 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: 07/07/2015 Amount: $127,870.00 SURETY: (Name, legal status and principal place of business) Indemnity Company of California A 17771 Cowan Suite 100 Irvine, CA 92614 Description: (Name and location) Well 15, Well 18 and Well 26- Control System Upgrades - Construction Project #10417.h BOND Date: 07/07/2015 (Not earlier than Construction Contract Date) Amount: $127,870.00 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY JUN 3 0 2015 Bond No. 491053P This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Company: (Corporate Seal) Company: (Corporate Seal) Custom Electric, In///c///.>> Indemnity Compa y of California Signature: eSignamre --- Name <5"r// St=-tdw-=' Name and Title: U s Cc r'�^ d {— Kary A R' ter, Attorn -In-Fact 5. +--�- and Title: / (Arty additional signatures appear on the last page of this Payment and) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or otherparty.) 5605 Overland Rd. Boise, ID 83705 Phone(208)345-4177 Fax (208) 384-1677 Init. AIA Document A312-- 2010. The Amedcan Institute of architects. murs 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section S.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. InIL AIAnocumant A312^-2010. The American Institute ofAmhitects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5. 1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. [nit. AIA Document A312"'-2010. The Amsdi n Institute of Architects. § 18.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 18.8 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst AIA Document A312-- 2010. The American lnetauM ofArchheets. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Karyl A. Richter, Janet K. Hoithaus, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By:v AND /ry'9 PANY Daniel Young, Senior Vice -President yJ,;+ogPORgtcFyZe, > O¢POR,9T 9 OCT. ••i -� a Z ? OCT. 5 F� T 10 -'02 11 W 1967 By: :.oma: 1936 Mark Landon, Vice -President `s"xq�-•.,, /pyy p,,: ,dD,€ eq/,�„a¢�PL� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29 2015 before me, Lucille Raymond Notary Public Date Hera Inmrt Name and Tun omae @ricer personally appeared _... _. ...,Daniel Ypungand Mark Lansdon Namals)a(signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by his/her/their signatme(s) on the instrument the perscri or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument Commisslon ar 208195 Notary Public • California i I cerfiy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County n true and correct. My Comm. Expires Oct 13, 2015 WITNESS my hand and official seal. Place Notary Seal Above Signature " �k� Lucill V y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of \v ty ,90 . N�� l By: C Cassie J. •mislaid, Assistant 6exptary ID-1380(Rev01/15) Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Scentsy Warehouse Water Main Easement Scentsy Warehouse No.3 Water Main Easement Description: The Easement herby granted is for the purpose of construction and operation of a water line 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Prof. Service Agreement - Traffic Box Community Art/Fall on Farm Professional Service Agreement for Artwork for Traffic Box Community Art Project: Katie Anderson's "Fall on the Farm" Description: Meridian Arts Commission and City Council approved - Katie Anderson "Fall on the Farm" parent signed PSA for use of artwork to be applied to a traffic box. 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 ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this k ay of June, 2015 ("Effective Date"), by and between the City of Mer dian, a lclpal corporation organized under the laws of the State of Idaho ("City"), and Q l f l W�n1 ("Contractor"), an individual person and parent or legal guardian RE PRINT AME OF PANT' ORLEUAL UARDIAN of Katie Anderson, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Fall on the Farm, depicted in Exhibit,4 hereto, which was displayed at the 2015 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on June 2, 2015, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any PROFESSIONAL SERV10Es AGREEMENT—UTILITY Box WRAP PAGE I Of 4 and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall snake total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. H. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall 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 Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as PROFESSIONAL SERVICES AGREEMENT —UTILITY BOX WRAP PAGE 2 of 4 creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement, This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terns, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ,) u 1 j IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the -4— day of duTte, 2015. CONTACTOR: ARTIST: Les It' G Q.,Qt/5-0y Katie Anderson Print Name: Parent or Guardian of Katie Anderson CITY OF MERIDIAN: BY: CCen C . ?'Um tit IDAHO J SEAL. /Ae iP£\SVA City Clerk PROFESSIONAL SERVICES AGREEMENT — UTILITY Box WRAP PAGE 3 of 4 EXHIBIT A FALL ON THE FARM PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 4 of 4 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Prof. Service Agreement - Traffic Box Community Art/Girl/Balloons . Professional Service Agreement for Artwork for Traffic Box Community Art Project: Jessica Irvine's "Girl and the Balloons" Description: Meridian Arts Commission and City Council approved - Jessica Irvine "Girl and the Balloons" parent signed PSA for use of artwork to be applied to a traffic box. 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 ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICE$ AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this Jeclay of Y44, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and }C(en Ko,}henn eJ)Ci Lw.r ("Contractor"), an individual person and parent or legal guardian rR I NAME OE FARENT OR LEGAL UARU of Jessica Irvine, a minor child ("Artist") WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Girl and the Balloons, depicted in ExhibitA hereto, which was displayed at the 2015 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on June 2, 2015, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall snake any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any PROFESSIONAL SERVICES AGREEMENT- UTILITY Box WRAP PAGE 1 of 4 and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to set -vices performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. H. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall 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 Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as PROFESSIONAL SERVICES AGREEMENT— UTILITY Box WRAP PAGE 2 of 4 creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terns of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. 44r! , 'M� IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the f day of June; 2015. CONTACTOR: 4 Q �. 'k�ooc 5, &'m ) Print Name: lAden KGS,}herfr� So'tter Parent or Guardian of Jessica Irvine CITY OF MERIDIAN: ARTIST: d �l ifJl/ l�ii% Jes ica Irvine BY: C c n . (L�—_ 30Attes , C;ty or yceehsaan, City Clerk �j�%�FRIDIAN \IDAHO SEAL SEl'�(11. Tye" FR°td. YftEas���? PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX W RAP PAGE 3 of 4 EXHIBIT A GIRL AND THE BALLOONS PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 4 of 4 Meridian City Council Meeting July 7, 2015 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Prof. Service Agreement -Traffic Box Community Art/Opaque Professional Service Agreement for Artwork for Traffic Box Community Art Project: Madeline Denniston's "Opaque" Description: Meridian Arts Commission and City Council approved - Madeline Denniston "Opaque" parent signed PSA for use of artwork to be applied to a traffic box. MEETING NOTES UV 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 ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this Jeday of "I , 2015 ("Effective Date"), by and between the City of lVlendian, a municipal corporation organized under the laws of the State of Idaho ("City"), and K6 h I " f� ("Contractor"), an individual person and parent or legal guardian PRINI AAME OF PARENT OR LEGAL IIAN of Madeline Denniston, a minor child ("Artist" WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Opaque, depicted in Exhibit A hereto, which was displayed at the 2015 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on June 2, 2015, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 1 of 4 and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional proposes. I1. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall 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 Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as PROFESSIONAL SERVICES AGREEMENT -UTILITY Box WRAP PAGE 2 of 4 creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. 13uhJ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 1� day of 9, 2015. CONTACTOR: Print Name: P -o of4-4- fJet� t�iS �Zjl� Parent or Guardian of Madeline Denniston CITY OF MERIDIAN: Go�to ^ °"Ooosrl S' oma, BY: <�'-c-c:�- City of IDAHO C` w -' m 1W11J1+A. �F SEAL V W PAW�+n/� 'e'he 7Rf ASDR ARTIST: Madeline Denniston Clerk PROFESSIONAL SERVICES AGREEMENT —UTILITY Box WRAP PAGE 3 of 4 EXHIBIT A OPAQUE PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 4 of 4 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Interagency License Agreement/ ACHD . Interagency License Agreement for Ada County Highway District (ACHD) use of City's Lighting Conduit at no Cost 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 WIDIAN*,,-.-,-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen, Transportation and Utility Coordinator DATE: 6/29/15 Mayor Tammy de Weerd City Council Memberls Charlie Rountree Keith Bird toe Barton Luke Cavener Genesis Milam David Zaremba SUBJECT: INTERAGENCY LICENSE AGREEMENT FOR ADA COUNTY HIGHWAY DISTRICT'S (ACHD)'s USE OF CITY'S LIGHTING CONDUIT AT NO COST L RECOMMENDED ACTION A. Move to: 1. Approve the Agreement with ACHD 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Director 489-0378 Tom Barry, Public Works Director 489-0372 III. DESCRIPTION A. Background Ada County Highway District is installing a pedestrian crossing signal (signal) on E. Village Dr. The only electrical conduit in the area is for the City's street lighting. In order to provide power to the future signal, ACHD has requested use of the City's street lighting conduit. There is adequate room for both the street lighting and signal wiring in the same conduit. Page I of 2 INTERAGENCY LICENSE AGREEMENT FOR ACRD'S USE OF CITY'S LIGHTING CONDUIT This INTERAGENCY LICENSE AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN FOR ACHD'S USE OF CITY'S LIGHTING CONDUIT ("Agreement") is made and entered into this _ day of 2015 (`Effective Date"), by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("Licensee"), and the City of Meridian ("Licensor"), a municipal corporation of the state of Idaho. WHEREAS, Licensor owns conduit located in the right-of-way along E. Village Drive and N. Records Way, located in Meridian, Idaho, as depicted on Exhibit hereto (hereinafter "Licensed Conduit"), and is authorized by Idaho Code section 50-328 to manage its use; WHEREAS, Licensee seeks to utilize a portion of Licensed Conduit for the purpose of installing electrical wiring for a pedestrian signal to be installed on E. Village Drive, as depicted on Exhibit A hereto (hereinafter "Pedestrian Signal"); WHEREAS, the City Council of the City of Meridian hereby finds that allowing ACHD's joint use of the Licensed Conduit for pedestrian crosswalk signal wiring serves the public interest because it is the most efficient method of installing safety mechanisms to protect pedestrians at this location, and hereby authorizes the licensing of a portion of Licensed Conduit to Lessee for such purpose; 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, Licensee and Licensor agree as follows: Nature of License. Pursuant to the terms, conditions and limitations of this Agreement, Licensor hereby grants to Licensee an exclusive license to utilize a portion of the Licensed Conduit to install and maintain electrical cables, for the purpose of providing electricity to the Pedestrian Signal. Licensee shall provide to Licensor plans showing placement of the power cables in the Licensed Conduit. Licensee will register the power cables with Digline, Inc. and comply with any and all requirements related thereto. Any and all costs associated with the installation or maintenance of Licensee's power cables in the Licensed Conduit will be borne by Licensee at no cost to Licensor. II. Term of License; Termination. This license will commence on the Effective Date, and will continue until terminated by Licensor or its successors or assigns or by Licensee. Licensor or Licensee may terminate this license anytime, with or without cause, upon giving the other party thirty (30) days' written notice of termination. III. Ownership. Licensee acknowledges that the Licensed Conduit is owned by Licensor, and Licensee waives any claim to ownership of the Licensed Conduit, whether in fee, adverse possession or any other right, title or interest therein, other than as established pursuant to the terms of this Agreement. This Agreement does not extend to Licensee the right to use the INTERAGENCY LICFNSE AGREEMENT BETWEEN ACRD AND CITY OF MERIDIAN FOR ACHD'S USE OF CITY's LIGHTING CONDUIT PAGE t Licensed Conduit to the exclusion of Licensor for any use desired by Licensor. Licensee's authorized use is also subject to the rights of other holders of license to use Licensed Conduit. This Agreement it is not intended to, and shall not, preclude or impede the ability of Licensor to enter into other similar agreements in the future allowing third parties to also use Licensed Conduit, or the ability of Licensor to redesign, reconstruct, relocate, maintain and improve Licensed Conduit as Licensor determines, in its sole discretion, is appropriate. IV. Acceptance as is. Licensee acknowledges that Licensee has inspected the Licensed Conduit and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that Licensor makes no warranty or promise as to the condition, safety, usefulness or habitability of the Licensed Conduit, and Licensee accepts the Licensed Conduit "as is." By granting this license, Licensor does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to operation or modification of the Licensed Conduit. V. License Fees. Any license fees shall be waived in accordance with the June 9, 2010 ACHD-Meridian Interagency Governmental Agreement for Waiver of Costs and Fees. VI. No Cost to Licensor. Any and all costs and expenses associated with Licensee's authorized use of the Licensed Conduit, or any construction or installation of cable therein, or the repair and maintenance thereof, or the restoration of the Licensed Conduit and surrounding property at the termination of this Agreement, shall be at the sole cost and expense of Licensee. VII. Maintenance of cable. At Licensee's sole cost and expense, Licensee shall maintain the power cable installed in Licensed Conduit in good condition and repair and as required to comply with applicable laws, City policies, and sound engineering practices. Following reasonable notice to Licensor, Licensee shall have access to Licensed Conduit for the purposes of accomplishing such repair and maintenance. If the Licensed Conduit is damaged as a result of the performance by Licensee of maintenance, or by the failure or neglect to perform such maintenance; and/or Licensee's design, installation or use of the Licensed Conduit, regardless of cause, Licensee shall correct such deficiency and restore the Licensed Conduit to the same condition it was in prior thereto, at Licensee's sole cost and expense. If Licensee shall fail or neglect to commence such correction and restoration within twenty- four (24) hours of notification thereof, Licensor may proceed to do so, in which event Licensee agrees to reimburse Licensor for the costs and expenses thereof. Notwithstanding the provisions of this paragraph, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Licensed Conduit or public safety, Licensor shall have the right to immediately perform any necessary emergency repairs on Licensee's behalf and at Licensee's sole expense. VIII. Removal of cable. It is agreed that upon the termination of this Agreement, Licensee will promptly remove all cable placed in the Licensed Conduit by Licensee at no cost or expense to Licensor. Licensee agrees at the termination of this Agreement, to return the Licensed Conduit and the property as nearly as practical to the condition that they were in before any use by Licensee. Should Licensee fail to promptly remove all cable placed in the Licensed Conduit at the termination of this license herein, Licensor may remove such cable placed in INTERAGENCY LICENSE AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN FOR ACHD'S USE OF CITY'S LIGHTING CONDUIT PAGE 2 the Licensed Conduit and assess Licensee for the costs of removal. Licensee will also be liable for all costs incurred by Licensor to cause the property to be returned to the same condition it was in before the grant of this license. It is further agreed that should Licensee not remove all cable placed in the Licensed Conduit at the termination of this Agreement that Licensee hereby disclaims any interest or title to the cable placed in the Licensed Conduit after the expiration of the term of this Agreement, and all cable left in the Licensed Conduit after the termination of this Agreement will pass to Licensor at no cost to Licensor. IX. Assignment. It is expressly agreed and understood by and between the parties hereto, that Licensee will not have the right to assign, transfer, hypothecate or sell any of its rights under this License Agreement except upon the prior express written consent of Licensor. X. Hold Harmless and Indemnification. Licensee will, to the extent permitted by law, and subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code), always, indemnify, defend and hold harmless Licensor, from any loss, liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal property or equipment, and to Licensee's employees, agents, guests or invitees arising out of or resulting from the condition of the Licensed Conduit or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Licensor or its employees. Licensee further agrees to indemnify and hold Licensor harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Licensed Conduit by Licensee or by Licensee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Licensor or its employees. If any claim, suit or action is filed against Licensor for any loss or claim described in this paragraph, Licensee, at Licensor's option, shall defend Licensor and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Licensor for all such costs and fees incurred by Licensor in the defense or resolution thereof, or any other liability or damages to which Licensor may be subjected as a result or consequence of granting this license. Licensee's obligations pursuant to this paragraph shall survive the termination of this License Agreement. XI. Attorneys' Fees. Licensee shall be liable to Licensor for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. XII. Binding on successors. This Agreement and all terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the Parties. XIII. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Licensee: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 If to Licensor: City of Meridian 33 E. Broadway Avenue INTERAGENCY LICENSE AGREEMENT BETWEEN ACRD AND CITY OF MERIDIAN FOR ACHD'S USE OF CITY's LIGHTING CONDUIT PAGE 3 Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. XIV. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. XV. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT: JD. Hansen, President CITY OF MERIDIAN: L -IM 0 �7 U C, STATE OF IDAHO ss: County of �w ) I HEREBY CERTIFY that on this \-1 day of June, 2015, before the undersigned, a Notary Public in the State of Idaho, personally appeared Jim D. Hansen, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires: Attest: Zatinno - Fy SEAL P ��k C °�,5: i4F pSUT Clerk INTERAGENCY LICENSE AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN FOR ACHD'S USE OF CITY'S LIGHTING CONDUIT PAGE 4 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-002 ITEM TITLE: Decataur Estates Development Agreement Decatur Estates AZ -15-002 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 2015-061374 BOISE IDAHO Pgs=41 VICTORIA BAILEY 07/09/2015 09:38 AM MERIDIAN CITY NO FEE �I'IIII III I'I'I�I'IIIII0IIIII II'I'I'I'I� 00119447720152015 000 61374041004416 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. 4345 Linder Road, LLC, Owner/Developer �� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this _ day of Juk-1 , 2015, 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 4345 Linder Road, LLC, whose address is 13967 W. Wainwright Drive, Ste. 102, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation and zoning of approximately 39.76 acres of land from the R-1 zoning district in Ada County to the R-4 (Medium Density Residential) zoning district (as described in Exhibit "X'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and I.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—DECATUR ESTATES (AZ -15-002) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 2"d day of June, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to 4345 Linder Road, LLC, whose address is 13967 W, Wainwright, Boise, Idaho 83713, the party that is DEVELOPMENT AGREEMENT- DECATUR ESTATES (AZ -15-002) PAGE 2 of 8 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 re -zoned Medium Density Residential (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement, 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to N. Linder Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A of the Staff Report and the revisions noted in the Staff Report. c. A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the south side of the White Drain in accord with the Pathways Master Plan. The applicant shall connect the pathway on this site to the existing segment of the pathway in Bridgetower Crossing Subdivision to the west with consent from the Bridgetower Crossing Subdivision's Homeowner's Association. The existing segment ofthepathway on the Bridgetower Crossing property stops short a little way from the property line. d. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the White Drain to remain open and not be piped due to the large capacity of the facility. Ifa waiver is not obtained, the waterway is required to be piped. City Council approved a waiver to UDC 11 -3A -6A to allow the White Drain to remain open and not be piped. e. The developer shall provide a minimum of 5.02 acres (or 12.631/o) of qualified open space within the development in accord with the standards listed in UDC 11 -3G -3B. f. The developer shall provide playground equipment within the central common area on Lot 6, Block 6, a segment of the City's multi -use recreational pathway and pathways through internal common areas as depicted on the landscape plan in Exhibit A.3 of the staff report in accord with the qualified site amenity requirements listed in UDC 11-3G- 3 C. DEVELOPMENT AGREEMENT—DECATUR ESTATES (AZ— 15-002) PAGE 3 OF 8 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 ternis and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the 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 DEVELOPMENT AGREEMENT- DECATUR ESTATES (AZ -15-002) PAGE 4 OF 8 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 the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. it. 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, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph I 1 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement 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 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT - DECATUR ESTATES (AZ- 15-002) PAGE 5 OF 8 OWNER/DEVELOPER: 4345 Linder Road, LLC 13967 W. Wainwright Drive, Ste. 102 Boise, ID 83713 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 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 bindingupon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or DEVELOPMENT AGREEMENT--DECATGR ESTATES (AZ -15-002) PAGE 6 OP 8 written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN By: Q�S0n, TJED AUCUsl., WU SA./W.tt l ATTEST: City of rk IDIAN# innxa 7 74cee 1Q Holman, City Clerk ^F SEAL J P F,� �fde fAEAs��� DEVELOPMENT AGREEMENT—DECATUR EST PAGE 7 oP 8 STATE OF IDAHO ) ss: County of Ada, On this�"hday of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared lodd Am _ , known or identified to me to be the rQr-Pr of 4345 Linder Road,ILLC, and acknowledged to me that he executed the same on behalf of said 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) ENotsty A AMYX J' Public f Who STATE OF IDAHO ) ss County of Ada blic for Idaho Residing at: M �b My Commission Expires: -tel' On this �+ day of \ �\ &� , 2015, before me, a Notary Public, personally appeared and Jayce�. Holman, know or identified to me to be the I�erk es c i e y, o t e 1ty o: eridian, who executed the instrument or the person It ex cute a 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. ` .,��. (SEAT,) pSl N�J Notalk Public for Residing at: "uApn 11) Commission expires: DEVELOPMENT AGREEMENT -DECATUR ESTATES (AZ- 15-002) PAGE 8 OF 8 Brinegar Boundary A parcel being the SE'/. of the NE Y,, of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly, described as follows: Commencing at a Brass Cap monument marking the northeast comerofthe NEY.ofsaid Sectkm35,from which a Brass Cap monument marking the southeast comerof sold NE Y,, bears S 0914'39° We distance of 2634.70 feet,, Thence S 0014'39" W along the easterly boundary of sold NW Y. a dislence of 1317.35 feet to the northeast corner of sold SE { of the NE A and the POINT OF BEGINNING: Thence continuing along sold easterly boundary S 0.14'39" W a distance of 1317.35 feet to a Brass Cap marking the southeast comer of said $E % of the NE Y« Thence N 89' 11'37' W along the southerly boundary of sold SE % of the NE %a dfsianse of 1317.44 feet to a 5M inch diameter hon pin marking the southwest comer of sold SE'/, of Bre NE Y.; Thence N 0020'56' E along the westerly boundary of sold SE Y. of the NE Y. a distance of 1314.18 feet to a 5f0 Inch diameter iron ptn marking the northwest corner of sold SE'/. of the NE %; Thence S 89'19'61" E along the northerly boundary of said SE %of the NE Y, a distance of 1316.02 feet to the POINT OF BEGINNING. This parcel contains 39.70 acres and is subject to any easomenta existing or in use Vincent Btommer, PLS Land Solutlons, PC January 27, 2015 WltYtyTpfHC4NNH7 Decatur Estates — AZ 15-002 adnoear Bouwlwy Job No. I &W EXHIBIT B CITY OF MERIDIAN C VE I ID!IAN�*N-, FINDINGS OF FACT, CONCLUSIONS OF LAW jllAND IAH DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 39.76 Acres of Land with an R-4 Zoning District; and a Preliminary Plat Consisting of Ninety -Nine (99) Building Lots and Twelve (12) Common Lots on 39.76 Acres of Land for Decatur Estates Subdivision, Located at 4345 N. Linder Road, by 4345 Linder Road, LLC. Case No(s). AZ -15-002; PP -15-004 For the City Council hearing Date of. May 19, 2015 (Findings on June 2, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 19, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 19, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 19, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 19, 2015, incorporated by reference) 13. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Aesolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I1 -5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15.002; PP -15-004 -3- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signedby the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 19, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 1 I -SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of May 19, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC I1- 613 -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I 1 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11.513-3P). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15.002; PP -15.004 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request most be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached; Staff Report for the hearing date of May 19, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ- 15.002; PP -15.004 -3- By action of the City Council at its regular meeting held on the Z-- day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESWENT I(EITH BIRD VOTED`` COUNCIL MEMBER DAVID ZAREMBA VOTED Q COUNCIL MEMBER IOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED I/ MAYOR TAMMY de WEERD VOTED (TIEBREAKER) �1!Z Mayor Taint de Weerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. : 4 � CityYi -1� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 86 ORDER CASE NO(S). AZ -15.002: PP -15.004 -4- EXHIBIT A STAFF REPORT Hearing Date: May 19, 2015 CMENL $to TO: Mayor & City Council OO FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -15-002; PP -15.004 —Decatur Estates I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ) 39.76 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 99 building lots and 12 common lots on 39.76 acres of land in the R4 zoning district for Decatur Estates Subdivision. 11. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay it. In opposition: None iii. Commenting: Carolvn Yocum; Wayne Ebb Adam Simmons: Jeff Baranco; Jim Johns: and Lulette Young Iv. Written testimony: Becky McKav v. Staff presenting application: Sonva Watters A. Other staff commenting on application: None b. Key. Issue(s) of Discussion by Commission: I. The requirement for the applicant to construct the missing section of the multi -use C. d. Decatur &UtesAZ-15.002; PP -15-004 PAGE EXHIBIT A r. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 002 & PP -15.004, as presented in the staff report for the hearing date of May 19, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-002 & PP -15-004, as presented during the hearing on May 19, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -15-002 & PP -15-004 to the hearing date of (insert continued hearing date here) for the: following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4345 N. Linder Road, in the NE 1/4 of Section 35, Township 4 North, Range 1 West. (Parcel No.: S0435141 800) B. Owners: 4345 Linder Road, LLC 13967 W, Wainwright Drive, Ste. 102 Boise, Idaho 83713 C. Applicant: Same as Owner D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 Decatur Estates AZd5-002; PP -15-004 PAGE 2 1 1I11� 111 \11, I' 11111I11'__I1 11_ ! 11I \ 11" 1' 11 Wmml Ili 111",111 1 Ii I 1 1' it Il I r. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 002 & PP -15.004, as presented in the staff report for the hearing date of May 19, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-002 & PP -15-004, as presented during the hearing on May 19, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -15-002 & PP -15-004 to the hearing date of (insert continued hearing date here) for the: following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4345 N. Linder Road, in the NE 1/4 of Section 35, Township 4 North, Range 1 West. (Parcel No.: S0435141 800) B. Owners: 4345 Linder Road, LLC 13967 W, Wainwright Drive, Ste. 102 Boise, Idaho 83713 C. Applicant: Same as Owner D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 Decatur Estates AZd5-002; PP -15-004 PAGE 2 EXHIBIT A E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planting & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter S. B. Newspaper notifications published on: March 30 and April 13, 2015 (Commission); April 27 and May 11, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: March 26,20 15 (Commission); April 23, 2015 (City Council) D. Applicant posted notice on site(s) on: April 6, 2015 (Commission); May 9. 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: I. North: Single-family residential properties in Bridgetower Crossing subdivision and a church, zoned R-4 and L-0 respectively 2. East: N. Linder Road; single-family residential properties in Baldwin Park subdivision, zoned R-8; and vacant land with a shop, zoned L-0 3. South: Single-family residential properties in Watersong Estates subdivision, zoned R-8 4. West; Single-family residential properties in Bridgetower Crossing subdivision, zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: The White Drain (aka Nourse Lateral) crosses the southwest corner of this property, some smaller irrigation ditches also cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not tie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Decatur Estates AZ -15.002; PP -15.004 PAGE 3 EXHIBIT A The applicant proposes to develop this 39.76 acre site with 99 single-family detached structures at a gross density of 2.49 dwelling units per acre (d.u./acre) and a net density of 3.82 d.u./acre, which is below the density desired in MDR designated areas. The Comprehensive Plan allows for other residential densities to be considered without requirement an amendment to the Plan; however, the density can only be changed one "step". The applicant requests a "step" down in density from MDR to Low Density Residential (LDR) as allowed in the Comprehensive Plan without an amendment to the FLUM. The reason for the request is the need for larger lot sizes to accommodate their desired product. Some of their product incorporates an RV garage which requires a larger lot. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the density desired in LDR designated areas. The City Council should consider the applicant's request for a step down in density for this property. Staff 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) The proposed single-family detached dwellings will contribute to the variety of housing types available within the City. Mafj'is unaware if the proposed dwellings will be owner occupied or rentals. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC I l -3A-21. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The proposed single-family detached dwellings should be compatible with existing surrounding single-family residential detached dwellings and the existing church to the north. • "In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e., from low to medium, not low to high, etc.)." The preliminary plat depicts a gross density of2.49 d.u./acre in an MDR designated area. The applicant proposes a "step "down in densityfrom the MDR to the LDR designation for this site, which allows for single-family homes at gross densities of 3 dwelling units or less per acre. Approval of the step down in density as requested will allow the applicant to construct homes that include a garage for RV storage which will contribute to the variety of housing available within the City and will allow residents to store their RV's in an enclosed storage area on their own property. "Require common area in all subdivisions." (3.07.0217) The proposed plat depicts a total of 5.02 acres (or 12.63%) of quaked open space in accord with the requirements listed in UDC11-3G-3. Decatur Estates AZ -15.002; PP -15.004 PAGE 4 (EXHIBIT A • "Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle." (6.01.02C) A segment of the City's multi -use pathway system is designated on the Master Pathways Plan on this site along the south side of the While Drain which connects to existing segments of the pathway to the west and south and will eventually connect with Boise's and Ada County's pathway systems. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts connections to existing stub streets from the north and south for Interconnectivity. e "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3,07.02I) The subject property is adjacent to existing low density homes and larger lot sizes to the north and west in Bridgetower Crossing Subdivision and similar density homes and lot sizes in Watersong Estates Subdivision to the south. Staff believes the proposed "step" down in density will be consistent and compatible with abutting low density residential properties to the north and west, and provide a transition to the medium density residential properties on this site south of the White Drain and the residences in Watersong Estates and the residences to the east across Linder Road. Therefore, in accord with the above reasons, stqff believes the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE ((JDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11 -2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Decatur Estates AZ15402; PP -15-004 PAGE 5 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 39.76 acres of land with an R4 zoning district. As discussed above in Section VII, staff believes the proposed zoning is consistent with the policies in the Comprehensive Plan as noted above with a "step" down in density. The applicant proposes to develop 99 now single-family residential detached homes on 39.76 acres of land as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned, The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 99 building lots and 12 common lots on 39.76 acres of land in a proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 4 phases, starting at the north boundary, as shown on the plat. The gross density for the subdivision is 2.49 d.u./acre with a net density of 3.82 d.u./acre. The average lot size is 11,413 square feet. Existing Structures: There are no existing structures on this site. Dimensional Standards. Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and. Stasi has reviewed the proposed plat and found it to be in compliance with those standards, except for Lot 28, Block 5 which should have a minimum street frontage of 60 feet. Block Length: The plat is required to comply with the block length standards listed in UDC 1I - 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards, except for the portion of Block 5 that lies along the north side of the White Drain, which exceeds the 750 foot length requirement. The UDC allows for Council to approve block lengths up to 1,200 feet where the block design is constrained by a large waterway/irrigation facility such as the White Drain in this case. Because the multi -use pathway is required to be located on the south side of the White Drain, it's not feasible to include a pedestrian pathway to break up the block length as allowed by the UDC. Therefore, Staff recommends Council approve the block length as proposed at approximately 950 feet in length. Access: Access is proposed for this site via one access from N. Linder Road and via the extension of existing stub streets from Bridgetower Grossing (N. Marche Ave. & N. Penngrove Way) and Watersong Estates (N. Watersong Way). The entry street (W. Monument Drive) off of N. Linder Road aligns with W. Monument Drive on the east side of Linder. Streets: All of the proposed streets depicted on the plat are public. A total of 48 -feet of right-of- way is proposed to be dedicated to ACRD from the centerline of Linder Road abutting the site and the pavement is required to be widened to 17 feet from centerline where it doesn't currently exist. Additionally, the entry road (W. Monument Drive) travel lanes should be widened Decatur Estates AZ -15-002; PP -15-004 PAGE 6 EXHIBIT A from 12 feet to 20 feet around the center planter island in accord with ACRD and the Fire Departments standards. Traffic Impact Study (TLS): A TIS was not required by ACHD for this development. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Because of the reduced street sections proposed on the plat, parking is restricted to one side of Ashton Street and no on -street parking is allowed on Penngrove Way, per ACHD and the Fire Department. Signage should be installed accordingly. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25 -foot wide street buffer is required along N. Linder Road, an arterial street, per UDC Table 11 -2A- and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. A 30 -foot wide buffer is depicted on the plans in excess of this requirement, The buffer width along N. Linder Road should be measured from the back of curb per UDC 11 -3B -7C.10(2); or, the ultimate curb location as determined by ACRD if future road widening is anticipated; revise plans accordingly. Landscaping within the common areas is required in accord with the standards listed in UDC i I - 3G -3E. The landscape plan complies with these standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-311- 12C. Pathway landscaping is depicted on the plan along all micropaths within the development; however, no landscaping is depicted along the multi -use pathway adjacent to the White Drain. The landscape plan should be revised to comply with this requirement; if the Irrigation District does not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. Tree Mttigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site, The landscape plan incorrectly notes that there are no existing trees on the site. Parkways: Six-foot wide parkways are proposed in all areas where detached sidewalks are proposed. The UDC (I 1-3A-17) requires root barriers to be constructed with 6 -foot wide parkways. An alternative would be to provide 8 -foot wide parkways, which allows the planting of Class H trees without root barriers. The landscape plan should be revised to either include root barriers or 8 -foot wide parkways in accord with the standards listed in UDC 11 -3A - 17E. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (39.76 acres), a minimum of 3.98 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. A total of 5.02 acres (or 12.63%) of qualified open space is proposed consisting of parkways along local streets, 1/2 the street buffer along N. Linder Road, and internal common open space areas which appears to comply with this requirement. Detailed calculations should he depicted on the landscape plan submitted with the final plat applications that demonstrate compliance with the qualfed open space requirements listed in UDC 11.3G - 3B. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Decatur Estates AZ•15.002;PP-15-004 PAGE EXHIBPf A Based on the area of the preliminary plat (39.76 acres), staff recommends a minimum of 2 qualified site amenities are provided. The applicant proposes to provide playground equipment within the central common area on Lot 6, Block 6, a segment of the City's multi -use recreational pathway and pathways through internal common areas in accord with this requirement. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side of the White Drain The applicant proposes to provide the extension of the regional pathway within this site and connect to the existing pathway to the west in Bridgetower Crossing Subdivision. The pathway in Bridgetower stops short a little ways from the property line; the applicant should connect the two segments of the pathway with consent from the Bridgetower Crossing subdivision Homeowner's Association. A recreational pathway easement for the pathway is required to be submitted to the Park's Department, approved by City Council and recorded. The applicant should coordinate the location and details of the easement with Jay Gibbons, Park's Department (888-3579). Four -foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Sidewalks: Sidewalks are required along all public streets as set forth in UDC I 1-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks throughout the development, except for along Ashton Drive which will have an attached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. An 8 -inch sewer main line is located within N. Marche Avenue in Bridgetower Crossing Subdivision and a 15 -inch sewer main (White Drain Trunk) is located along the south boundary. A 12 -inch water main is located in N. Linder Road, and 8 -inch water mains are located within N. Marche Avenue, N. Watersong Way, and in the N. Penngrove Way. Water connections will need to be made in N. Linder Road, Watersong Way, Marche Avenue, and N. Penngrove Way, thereby looping the water system. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. PI is proposed to be provided from the Mattlock #29 Lateral of the Settler's Irrigation District. A pump station will be located at the southeast corner of the development with an overflow to the White Drain. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be accommodated onsite through the use of underground seepage beds. Waterways: There are some irrigation ditches that cross this site and the White Drain runs along the southwest comer of the site within a 70 -foot wide Settler's Irrigation District easement. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the White Drain to remain open due to its large capacity and proposes to provide a bridge over the drain for a vehicle/pedestrian crossing. Decatur Estates AZ•15.002;PP-15-004 PAGE EXHIBIT A Floodplain: This property does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted 5 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding and stucco with shako shingle and stone accents. Because homes on lots that back up to N. Linder Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. The landscape plan depicts existing vinyl fence along the north and west sides of the development. Six-foot tall vinyl privacy fence is proposed to be constructed by the developer along the south boundary of the site; no other fencing is proposed. Per UDC 11.3A -7A.7, the developer is responsible to construct fencing adjacent to micropath connections to distinguish common from private areas. Additionally, per UDC 11 -3A -6B, the White Drain is required to be fenced with an open vision fence at least 6 feet in height and having an 11 -gunge, 24nch mesh or other construction, equivalent in ability to deter access to the waterway. The landscape plan should be revised to include these requirements. Fencing adjacent to all interior pathways and common open space is restricted to 4 feet in height if closed vision material is used or 6 feet in height if open vision material is used. In summary, Staffrecommends approval ofthe proposed annexation andpreliminaryplat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. DrawingsiOther 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 2/26/15) 3. Proposed Landscape Plan (dated: 1/6/15) 4. Conceptual Building Elevations (dated: 11/16/14) 5. Conceptual Development Plan (dated: 9/17114) B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Decatur Estates AZ -15-002; PP -15-004 PAGE 9 EXHIBIT A 2. Proposed Preliminary Plat (dated: 2/26/15) ittiliil �rri,F 1 1 r— r:a::r r \ 1 . W • q„yV� r r 3• ittiliil �rri,F 1 1 r— r:a::r r \ 1 . W t' .j fit N / rvneW luLY>�saRx 1„'+aJ M 14N1 fIM �wttl wL-r.1L11piW Exhibit A Page 2 v f • q„yV� r r t' .j fit N / rvneW luLY>�saRx 1„'+aJ M 14N1 fIM �wttl wL-r.1L11piW Exhibit A Page 2 v f EXHIBIT A 3. Proposed Landscape Plan {dated: March 20]5) DECATUR ESTATES MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN PLANT PALETTE _ Z.,.-..N.A..•,,..rc I.. NOTES EMT LANPSCAPE CALCULATIONS Exhibit A Page 3 �vuH ENGINEERNOU Sownox�, EXHIBIT A 4. Conceptual Building Elevations (dated: 11/16/14) L .., v a 7 -z- m EXHIBIT A e� FWD - IL:, 3- A5,0 A4.0 Rl EXHIBIT A N A4,c) grim mm, A4,c) IMA -1-11.3"M B. ERIHBIT B - AGENCY & DEPARTMENT COMNIENTS/CONDMONS 1. PLANNINGDEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to N. Linder Road, an arterial street, is prohibited in accord with UDC 11- 3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. c. A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the south side of the White Drain in accord with the Pathways Master Plan. The applicant shall connect the pathway on this site to the existing segment of the pathway in Bridgetower Crossing Subdivision to the west with consent from the Bridgetower Crossing Subdivision's Homeowner's Association. The existing segment of the pathway on the Bridgetower Crossing property stops short a little wayfrom the property line. d. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the White Drain to remain open and not be piped due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to bepiped. City council aooroved a waiver e. The developer shall provide a minimum of 5.02 acres (or 12.63%) of qualified open space within the development in accord with the standards listed in UDC 11 -3G -3B. f. The developer shall provide playground equipment within the central common area on Lot 6, Block 6, a segment of the City's multi-uso recreational pathway and pathways through internal common areas as depicted on the landscape plan in Exhibit A.3 in accord with the qualified site amenity requirements listed in UDC 11-30-3C. 1.1.2 The preliminary plat included in Exhibit A.2, dated 2/26/15, shall be revised as follows: a. Revise the stFeet ffentage an Lot 28, Bleale Ste eemply with the minimum stfeet Rootage of ee60ft in the D A dist..:. ..eF UDO Table l 2 A G vv .w , b. Widen the travel lanes around the planter island on W. Monument Drive to 20 -feet, per ACHD and Fire Department standards. 5- EXHIBTP A 1.1.3 The landscape plan included in Exhibit A.4, dated March 2015, shall be revised as follows: a. If 6 -foot wide parkways are provided within the development, depict root barriers in accord with the standards listed in UDC 11 -3A -17E; or, increase the width of the parkways to 8 feet (root barriers are not required with 8 -foot wide parkways). b. The buffer width along N. Linder Road should be measured from the back of curb per UDC 11-3B-7C.la(2); or, the ultimate curb location as determined by ACRD if future road widening is anticipated; revise accordingly. c. Include fencing adjacent to all micropath connections to distinguish common from private areas, per UDC I 1 -3A -7A.7. Tencing adjacent to all interior pathways and common open space is restricted to 4feet in height if closed vision material is used or 6feet in height f open vision material is used. d. The White Drain is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11 -3A -6B, e. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888.3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. f. Include detailed calculations that demonstrate compliance with the qualified open space requirements listed in UDC 11-30-313. g. Landscaping is required adjacent to the multi -use pathway along the south side of the White Drain in accord with the standards listed in UDC 11-313-12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. h. Depict 4 -foot tell bollard lighting, or other appropriate lighting source, along all pathways through common areas that aro not visible from a public street as set forth in UDC I 1 -3A -8H. -6- EXHIBIT A 1.1.4 A 14 -foot wide recreational pathway easement is required to be provided along the south side of the White Drain for the multi -use pathway. The applicant shall coordinate with Jay Gibbons, Park's Department (208-888-3579), on the location of the easement, The easement should be submitted to the Park's Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 The rear or sides of structures on lots that face N. Linder Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.6 The applicant shall submit a detail of the playground equipment proposed on Lot 6, Block 6 with the final plat application for the second phase of development. 1.1.7 Parking is restricted to one side of Ashton Street and no on -street parking is allowed on Penngrove Way, per ACRD and the Fire Department due to the reduced street sections proposed on the plat. Signage shall be installed accordingly. 1.1.8 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC I 1-3A-7 and 11 -3A -6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UAC 11-311-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -SJ. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-30-3135 and I1 -313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11.6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UAC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. -7- EXHIBIT A 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1,3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11 -3A -I1. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1 I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -SC -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall shall be required to connect to the existing 8 -inch sewer main line is located within N. Marche Avenue in Bridgetower Crossing Subdivision and the 15 -inch sewer main (White Drain Trunk) is located along the south boundary. 2.1.2. Applicant shall be required to connect to the existing 12 -inch water main located in N. Linder Road, and the 8 -inch water mains located within N. Marche Avenue, N. Watersong Way, and in the N. Penngrove Way, thereby looping the water system into all available locations. -a- EXHIBIT A 2.1.3 The applicant shall be required to add or modify street lights at the following locations: 1. Add a strectlight at the intersections of N Oldfield Way and W Monument Drive 2. The streetlight shown between Lots 6&7, Block 2, needs to be moved closer to the W. Astonte St and N Penngrove Way intersection. 3. Add a strectlight at the pathway in the cul-de-sac on W Decatur Dr. and N Oldfield Way, the spacing between lights at this location is not to City standards. 4. Type 1 lighting shall be required along the frontage of the development along Linder Road. Plan requirements can be found In section 6-5 of the Improvement Standards for Street Lighting at http://www.moridiancity.org/publie_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of casements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easements) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feat 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 l l" 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at -9- EXHIBIT A (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. 22.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 S. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This Is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street Iights 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 light plan requirements are listed in section 6-5 of the Improvement Standards for street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at htq)://www.meridiancity.orgtpublie—works.aspx?id=272. The -10- EXHIBIT A contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3, POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.3 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. 4.4 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. 4.5 The roadways shall be built to Ada County highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.6 The entry road (W. Monument Drive) should he widened from 12 feet to 20 feet around the planter Island in accord with ACED and the Fire Departments standards. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 Meridian's adopted Pathways Master Plan indicates a multi -use pathway along the White Drain. The developer shall construct a 10 foot wide multi -use pathway and connect to the existing multi- use pathways in Bridgetower Crossing No. 13 and Watersong Estates. -11- EIiHMIT A 6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway easement covering the required multi -use pathway along the White Drain for signature and recordation by the City. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48 -feet of right-of-way from the centerline of Linder Road abutting the site, as proposed. 7.1.2 Construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of Linder Road abutting the site, as proposed. Provide a permanent right-of-way easement if public sidewalks are placed outside of the dedicated right-of-way. 7.1.3 Widen the pavement on Linder Road to 17 -feet from centerline where is does not currently exist. 7.1.4 Construct one roadway onto Linder Road, Monument Drive centerline to centerline with Monument Street on the east side of Linder Road across from the site. 7.1.5 Construct the entry portion of Monument Drive with two 12 -foot travel lanes, a 12-1oot wide center landscape island, vertical curb, gutter, a 6 -foot wide planter strip, and a 5 -foot wide detached concrete sidewalk. Obtain written fire department approval for the 12-footwide travel lanes or redesign the entry portion of Monument Drive to provide two 20 -foot wide travel lanes. 7.1.6 Dedicate the 12 -foot wide center landscape island as right-of-way owned by ACRD. Enter into a license agreement with ACRD for any landscaping proposed to be placed within the center landscape island. 7.1.7 Construct Ashton Drive as a 29 -foot street section with rolled curb, gutter, and a 5 -foot wide attached concrete sidewalk within 50 -feet of right-of-way, as proposed. Parking is restricted on one side of Ashton Drive. Coordinate a signage program with ACHD Development Review staff. 7.1.8 Extend Penngrove Way into the site as a 25 -foot wide minor local street, with vertical curb and gutter within 27 -feet of right-of-way and a 5 -foot wide attached concrete sidewalk along the west side of Penngrove Way within a 7 -foot sidewalk easement. Parking is restricted on both sides of Penngrove Way; coordinate a signage program with District Development Review staff. 7.1.9 Construct all other internal local streets, including the extensions of Marche and Watersong Way, as 33 -foot street sections with rolled curb, gutter, a 6 -foot wide planter strip, and a 5 -foot wide detached concrete sidewalk within 56 -feet of right-of-way. 7.1.10 Other than access specifically approved, as part of this application direct lot access to Linder Road is prohibited and shall be noted on the final plat. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with _t2_ EXHIBIT A Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA comnliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7,2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -0f --way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRID conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 if the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 13- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary Brinegar Boundary A pares! being the SE Y. of Ore HE X. of Section 36, Township 4 Nodk Rove 1 West, Boise 1JuMM, Ada County, Idaho, more patgadany dssodw as fovmw , CommandoVat* Brm Cap monument mwkbgthe nodbenataaaarofins NEY.otaidt,o fort 36,rrom which a Bmss Cap monument maddng the aouthaast oomerof said NE % bam S 011439' W a distance of 2834.70 feet; TtMMS 044W W Stong Um entcrtybouatay of eakt [4W Y a diehuwaof 1317.38feat to ttw hhor3wast comer of sold SE Y. of the HE X and tho PONT OF BEGINNING; Thence contimulaq along said eadedy boundary 8 0014130" W a distance of 1317.38 feet to a Braes Cep Mktng the ooutlwaet Domer of tdd SE N of No HE Yr• Thence N 89.11'37" W along the ooultwdy boundary of cold SE Y. of the HE X a dishwe of 1317.44 Inca to 8!e Inch diameter kon pin maddrg Bw southwed conwrorsWd SE Y. of go NE Yo; Thane N 0120'88' E @long the weetery bound" of Sold 8E %of She HE %a aHsfenee of 1314.18 Nat to atillInch diameter Ironpin markingthe not6h ed comer of said BE Y. ofthe NEY; Thence 889.19'61" E along the nodhady twundwy of wdd SE Y of the HE Y+a distance of 1318.02 fad to the PONT OF BEGINNING. This pacdcordoIns 39.76 acroa and k a sol: to any assemarda e>deWq Orin use. VinovABI mmar,150 Lead Solutions, PC Jamrery 27, 2016 blut ons uwwwwc..+.w -14- ww N�tliM EXHIBIT A D. Required Mailings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 39.76 acre property with an R-4 zoning district and develop 99 new single-family residential homes. The City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan with a step down in density as requested by the applicant and should be compatible with adjacent residential and church uses (see section Vll above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary PIat 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; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section Vll, of the Ste Report for more information. -16- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development, (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public Improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any associated with the platting of this property. analysis. 17- health, safety, or environmental problems ACRD considers road safety issues in their Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-004/RZ 15-007 ITEM TITLE: Hill Properties Century Farm Development Agreement -Hill Properties/Century Farm School -AZ -15-004, RZ-15-007 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 2015-061375 BOISE IDAHO Pgs=45 VICTORIA BAILEY 07/09/2015 09:39 AM MERIDIAN CITY NO FEE IIIIIII III IIIilllllillllli 111111I111111111111I III 00119448201600613760450468 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner/Developer 3. Hill & Hill Properties, Owner 4. Martin L. Hill, Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I— day of J)Ql j , 2015, 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 Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER; and Hill & Hill Properties, hereinafter called OWNER, whose address is 3625 E. Amity Road, Meridian, Idaho 83642, hereinafter called OWNER; and Martin L. Hill, whose address is 3625 E. Amity Road, Meridian, Idaho 83642, hereinafter called OWNER. RECITALS: 1.1 WHEREAS, Owner/Developer and Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer and Owners made a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer and Owners have submitted an application for annexation and zoning of 78.621 acres of land with an R-8 (Medium Density Residential) zoning district (43.225 acres) and a C -N (Neighborhood Business District) zoning district (35.396 acres) and an application for the re -zone of 8.391 acres of land from the R-8 (Medium Density Residential) zoning district to the C -N (Neighborhood Business) zoning district under the UDC, which DEVELOPMENT AGREEMENT—HILL PROPERTIES/CENTURY FARM SCHOOL—AZ 15-004; RZ 15-007 PAGE 1 OF 11 generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer and Owners 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 1.6 WHEREAS, the record of the proceedings for the annexation and rezoning 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 23`d day of June, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owners to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer and Owners deem 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, the property described in the re -zone portion of Exhibit "A" (8391 acres) known as the Brighton school site is no longer subject to the Development Agreement approved by the Meridian City Council on January 13, 2015 and recorded as Instrument # 2015003138 on January 14, 2015. 1.11 WHEREAS, City requires the Owner/Developer and Owners 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: DEVELOPMENT AGREEMENT- HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 2 OF 11 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 OWNERS: means and refers to Hill & Hill Properties, whose address is 3625 E. Amity Road, Meridian, Idaho 83642; and Martin L. Hill, whose address is 3625 E. Amity Road, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Density Residential District (R-8) and Neighborhood Business District (C -N) and rezoned from Medium Density Residential District (R-8) to Neighborhood Business District (C -N) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Improve S. Howry Lane as a public street adjacent to the east boundary of this site as required by Ada County Highway District. DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ. 15-004; RZ 15-007 PAGE 3 OF 11 b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm as set forth in UDCl1-2B-3A.4, except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm. c. Future development of this site shall be generally consistent with the concept plans submitted with this application included in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit `B"). d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary school/YMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required to hook up to City water and sewer service within 60 days of services becoming available per MCC 9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C -N district as long as the Hill's reside there are not required to hook up to City services. f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. g. Because the conceptual "bubble" plan for the mixed use area shown in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit `B") is very conceptual in nature and only depicts future possible uses and no site details, a more detailed plan shall be submitted through an amendment to the development agreement prior to a plat application being submitted and any development occurring beyond the school/YMCA/park site. To ensure development is consistent with the objectives and vision of the MU -N designation, at a minimum, the future plan should incorporate the following: i. Buildings in the commercial portion of the development should be arranged to create some form of common usable area such as a plaza or green space; ii. Transitional uses and/or landscape buffering should be provided between commercial and existing low- or medium -density residential development; iii. The project should include at least 3 types of land uses; iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; V. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; vi. Street sections consistent with the Ada County Highway District Master Street Map are required; DEVELOPMENT AGREEMENT- HiLLPROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 4 OF 11 vii. Neighborhood serving uses and dwellings should be integrated; viii. Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 4 to 8 units per acre with supporting non-residential services. Non-residential uses should be smaller scale and provide a good or service that people typically don't travel more than a mile for and need regularly; ix. Non-residential buildings should be proportional to and blend in with residential buildings; X. Employment opportunities for those living in the neighborhood are encouraged; xi. Connectivity and access between non-residential and residential land uses is critical; xii. Maximum building size should be limited to a 20,000 s.f. building footprint (excluding the school site) unless a structure contains a mix of both residential and office or commercial land uses; xiii. Planning of the C -N property north of the park and YMCA shall consider appropriate visibility, parking and emergency access to the future neighborhood park. h. A landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adjacent City park, YMCA and school complex and the property will eventually be part of the YMCA site. i. The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site as shown on the conceptual development plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted 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. DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 5 OF 11 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 the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 MAGE 6 O it 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: Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 OWNERS: Hill & Hill Properties 3625 E. Amity Road Meridian, Idaho 83642 Martin L. Hill 3625 E. Amity Road Meridian, Idaho 83642 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 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. DEVELOPMENT AGREEMENT-HILLPROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 7 OF 11 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer, Owner 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, Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT- 1- tILLPROPERTIES/CENTURY FARM SCHOOL -A2, 15-004; R7. 15-007 PAGE 8 O 11 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton lVestments, LLC By tf,t OWNERS: Martin L. Hill Hill & Hill Properties : VON, ✓,IYI ATTEST: Holman,== y Clerk DEVELOPMENT AGREEMENT — 5A CITY OF MERIDIAN . (O =01 evo"ATED A"" J _ A� o % F .) H -I.. l� City.E SEA1. ZQ1 iFF aSFR� SCHOOL -AZ 15-004; RZ 15-007 PAGE 9 OF 11 STATE OF IDAHO ) ss: County of Ada, ) On thisof 2015, before me, the undersigned, a Notary Public in and for said State, personal] appe/ared liV Jul /(�!m �illuJ known or identified to me to be th A 4aof Brighton Investments, LLC, and acknowledged to me that he executed thdAme 6 behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set and year in this certificate first above written. STATE OF IDAHO ) Residing ak-, My Commission and affixed my official seal the day M ss: County of Ada, On this ) y of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Martin L. Hill, known, identified and acknowledged to me to be the person that 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. (SEAL) N tart' Pu or o r Residing at. ( j My Commission Ex ' es: d/7 ,i DEVELOPMENT AGREEMENT- HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 10 OF I STATE OF IDAHO ) ss: County of Ada, ) On this 05 y of for said State, personally ap 2015, before me, the undersigned, a Notary Public in and lOYiiv /-. 142 L,� -, known or identified tome to be them st11 44 .til. f Hill & Hill Properties, and acknowledged to me that he executed the same on eha Hill & Hill Properties. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day STATE OF IDAHO ) ss County of Ada I M On this day of 2015, before me, a Notary Public, personally appearedtndl and Jaycee L. Holman, know or identified to me to be the an C erY xes c e , of -the City— oTMeridian, who executed the instrument or the person that execute t e I ment 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. (SEAL) otary ublrcfo!ho -- r Ida ,� Residing at: e "(A\ awn 1 Commission expires: �,- n ti DEVELOPMFNTAGREEMENT-HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 11 OF 11 Exhibit A aILL, -m"n-uc"o c 9213 WESTSTAYf. S'f0EU j 401SE, ID 84714 1 208.639.6939 1 FAX 208.639.6930 April 29, 2015 Project No.: 14-031 EXHIBIT A LEGAL DESCRIPTION FOR PARCEL. ANNEXATION A parcel of land being a portion of the North 1/7, of the NW 1/4 of Section 33, Township 3 North, Range 1 Fast, Boise Meridian, Ada County, Idaho and being more particularly descelbed as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of sell( Section 33; Thence following the northerly line of said NW 1/4 of Section 33, S89°1522"E a distance of 350.17 feet to the POINT OF BEGINNING. Thence fnllowing said northerly fine, S89'1512 211E a distance of 980.14 feet too point being the W 1/16 corner of said Section 33; Thence following said northerly lion S89°15'22" f. a distance of 1,330.31 (eel to a found brass cap marking the North 1/4 corner of said Section 33; Thence leaving said northerly line and following the easterly line of said Section 33, 500"19'09"W a distance of 1,329.06 feet to a found 5/8 -Inch rebar marking the CN 1/16 corner of said Section 33; Thence leaving sold easterly line anti following the southerly line of the North 1/2 of said NW 1/4 of Section 33, N8902752"W a distance of 2,658.26 feet to a found 3/4 -Itch mbar marling the N 1/16 corner of said Section 33; Thence leaving said southerly line and following the westerly line of said NW 1/4 of Section 33, N00°13'13"E a distance of 988.57 feet to a point; Thence leaving sail westerly line, 5891115'22"I: a distance of 350.1.7 feet to a point; Thence N00'13'13"E a distance of 350.17 feet to the POINT OF BEGINNING. Said parcel contains 78.621 acres, more or less, and is subject to all existing easements and/or rigbts•of-way of record or Implied. Attached is EXHIBIT B and by this reference made a parr OE ENCINFERS I SII8VEY0R5 I PLANNERS wvrw.krnenglip.mnt Hill Properties/Century Farm School — AZ 15-004 EXHIBIT A t� e 9:'.3 WF4f titA?F'•N:fil I L'tjiSt., Ifl Rai P1 I /.0`.639.6939 � FAX 208.639,119}0 April 29, 2015 Prefect No.: 14.031 EXHIBrTA I.EGAI, DESCRIPTION FOR REZONE To C -N A parcel a parcel or land sl Waled in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, (range f East, Boise Meridian, city of Merldian, Ada County, Idaho, and being more particularly described as fallo us: Commencing at an aluminum cap nu m nienl muuking the north 1/4 corner of said Section 33, thence following the easterly fine of the Northvresf 114 of sold Section 33, S0019'09"tN a distance of 1,329.06 feet to a found 5/8 -inch rebar n nt'lang the nornleast corner of said Southeast 1/4 of the Northwest 1/4 (GN 1/16 corner) and being the POINT OF BEGINNING. Thence following said easterly line, 500'19'09"W a distance of 141.58 feet to a point which bears NO(MV091E a distance of 1,187.43 feet from a found 5/8 -inch rebar marking the Center of said Section 33; Thence leaving said easterly line, 540'18'58"W a distmcae 01 99.45 toot to a point; Thence 254,21 feet along the arc of a circular curve to the right, slid curve having a radius of 331.50 feel, it rialto angle of 43'56'14", a chord bearing of 562"17'04"W and a chord distance df 248,03 feet to a point; Thence S84°1.5'11"W a distance of 120.50 Met to a point, Thence 340.80 feet along the arc of a circular cwve to the tefl, said curve having a radius of 658-50 feet, a delta angle of 31"34'16", a chord bearing of S68028103"W and a chord distance of 33b -SS feet to a Point; Thence N9719'04"W a distance of 63.00 feet to a point; Thence N33'2S'OO"W a distance of 20.05 feef to a point; Thence 1454'48'00"W a distance of 101.74 feet to a point; Thence N70'23'47"W a distance of 85.44 feet to a point; Thence N83"29'14"W a distance o€71.86 feet to a point; Thence 1489'27'54"W a distance of 9819 feet to a point' Thence NBB'32'06"E a distance of 307.67 feet to a point on the nordterly line of said Southeast 1/4 of the Northwest 1/4; Thence following said northerly line, 589"27'52"E a distance of 1.090.81 feet to the POINT OF BEGINNING. Said parcel contains 8.391 acres, snore or less, and issubyect to all existing easements and/orri8hts-of•way of record or implied. Attached hereto is Exhibit Band by this reference is made a pari hereon. (NfilNflltti 111111WFyOM ( P1ANNl'11} tvwacl wengnllrain Hill Properties/Century Farm School AZ -15-004; RZ-15-007 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EDAHO In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map to Change the Future Land Use Designation on 87.01 Acres of Land from Low Density Residential (LDR) to Mixed Use —Neighborhood (MU -N); Annexation and Zoning of 78.62 Acres of Land with R-8 (43.2 Acres) and C -N (35.4 Acres) Zoning Districts; and Rezone of 8.39 Acres of Land from the R-8 Zoning District to the C -N Zoning District, by Martin Mill and hill & Bill Properties. Case No(s). CPAM-15-001; AZ -15-004; RZ-15-007 For the City Council Hearing Date of. June 16, 2015 (Findings on June 23, 2015) A. Findings of Pact 1. Hearing Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 19, 2015, incorporated by reference) B. Conclusions of Law 1. The City ol'Meddian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the conunent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). CPAM-15-001; AZ -15-004; RZ-15-007 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected pity requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 16, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon tate above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's request for an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the staff report for the hearing date of June 16, 2015, attached as Exhibit A. 2. The applicant's request for annexation and zoning is approved with the requirement of a development agreement containing the provisions noted in Exhibit B of the staff report for the hearing date of June 16, 2015, attached as Exhibit A. 3. The applicant's request for a rezone is approved per the staff report for the hearing date of June 16, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I 1-5B-3 D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of development application entitles the Owner to request a regulatory taking analysis. Such request in be in writing, and must be filed with the City Clerk not more that twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please talce notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has all interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of June 16, 2015 CITY OF MERIDIAN FINDINGS OP FACT. CONCLUSIONS OP LAW AND DECISION R ORDER CASE NO(S). CPAM-I5-001; AZ -15-004; RZ-15-007 -2- By action of the City Council at its regular meeting held on the Z3''� day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED I/U(1,, COUNCIL VICE PRESIDENT KEITH BIRD VOTED W D%. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED L* U COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) --- Mayor T de Weerd Attest:2c° 4, Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: (.o City C)drk'sOfce �— CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPAM-15-001; AZ -15-004; RZ-I5-007 -3- EXHIBIT A STAFF REPORT HEARING DATE: June 16, 2015 CVE IDIAM , TO: Mayor & City Council D li FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CPAM-15-001; AZ -15-004— Hill Properties RZ-15.007 — Century Farm School I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST The applicants, Martin Hill and Hill & Hill Properties, have submitted an application for an amendment to the Comprehensive Plan Future Land Use Map (CPAM) to change the future land use designation on 87.01 acres of land from Low Density Residential to Mixed Use — Neighborhood. Annexation and zoning (AZ) of 78.62 acres of land with R-8 (49,&3 43-2 acres) and C -N (35:79 35.4 acres) zoning districts is also proposed. The applicant, Brighton Investments, has submitted an application for a rezone (RZ) of 8.39 acres of land from the R-8 (Medium Density Residential) to the C -N (Neighborhood Commercial) zoning district. See Section V111, Analysis, for more hifo oration. I1. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and RZ applications based on the Findings of Fact and Conclusions of Law in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on May 21, 2015. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and RZ requests. a. Summary of Commission Public Hearing: L In favor: Mike Wardle ii. In opposition: None hill. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. ICey Issue(s) of Discussion by Commission: L None c. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.e to allow the 2 existing homes in the C -N district to remain until redevelopment occurs, rather than be zoned R-8: and not require them to hook up to City services. ii. Modify DA provision #I.l.b to allow an extension of the hours of operation in the C -N district for the YMCA to open at 5 am rather than 6 am. iii. Modify DA provision #l.I.a.viii to allow a net density in the R-8 zoned portion of the development to be 4-8 units/acre consistent with the Hill's Centmv Farm development immediately to the south, rather than 6-8 units/acre. iv. Include a provision in the DA that a landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adiacent Citv park, YMCA and school complex and the property will eventually. be part of the YMCA site (see DA provision #1.1.h). Hill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 1 EXHIBIT A d. Outstanding Issues) for City Council: L None r• n Mi t � �_•_� a iii r' 1 1 11Twitsupol iWiRt 1110I! Ira M.I]MMEMMUNIZU7111 III t it 11 4 1 111. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-15-001; AZ -15-004; RZ-15-007, as presented in the staff report for the heating date of June 16, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-15-001; AZ -15-004; RZ-15-007, as presented during the hearing on June 16, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-15-001; AZ -15-004; RZ-15-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason($) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Eagle Road and the south side of E. Amity Road, in the northwest V4 of Section 33, Township 3 North, Range 1 East. hill Properties/Century Paton School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 2 KNEW 111111 M1111t 111, r• n Mi t � �_•_� a iii r' 1 1 11Twitsupol iWiRt 1110I! Ira M.I]MMEMMUNIZU7111 III t it 11 4 1 111. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-15-001; AZ -15-004; RZ-15-007, as presented in the staff report for the heating date of June 16, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-15-001; AZ -15-004; RZ-15-007, as presented during the hearing on June 16, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-15-001; AZ -15-004; RZ-15-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason($) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Eagle Road and the south side of E. Amity Road, in the northwest V4 of Section 33, Township 3 North, Range 1 East. hill Properties/Century Paton School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 2 EXHIBIT A B. Applicant: Martin L. Hill; Hill & Hill Properties; and Brighton Investments c/o 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as applicants D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment, annexation and zoning, and rezone. A public hearing is required before the Planning & Zoning Commission and City Council on these matters, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 4, and 18, 2015 (Commission); May 25 and June 8, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: April 30, 2015 (Commission); May 26, 2015 (City Council) D. Applicant posted notice on site by: May 11, 2015 (Commission); June 1, 2015 (City Council) VI. LAND USE A. Existing Land Use(s): The existing land use of this site is single-family rural residential/agricultural, zoned RUT in Ada County and R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Amity Road, an assisted living facility, rural residential /agricultural properties and a future school site, zoned RUT in Ada County South: Single-family residential properties in the development process (Hill's Century Farm), zoned R-8 East: Rural residential/agricultural properties, zoned RUT in Ada County West: S. Eagle Road, rural residential/agricultural property, zoned RUT in Ada County Northwest: An Idaho Power substation is located at the southeast corner of Eagle and Amity roads, zoned RUT in Ada County. C. History of Previous Actions: In 2014, an 8.34 acre portion of the site, located at the south boundary, was annexed (AZ -14-012) with an R-8 zoning district and included in the Hill's Century Farm preliminary plat (PP -14-014). Development of this property is currently governed under the development agreement for Hill's Century Farm Subdivision, recorded as Instrument 42015-003138. This portion of the site is proposed to he rezoned to C-Nfor an elementai); school. Hill Propenies/Century Fann School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 3 EXHIBIT A D. Utilities: a) Location of sewer: Sanitary sewer is available within the vicinity and will need to be extended by the developer. b) Location of water: Water service is available within the vicinity and will need to be extended by the developer. c) Issues or coneems: None E. Physical Features: 1. Canals/Ditches Irrigation: There are sone irrigation ditches that cross this site. 2. Hazards: NA 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS EXISTING MAP DESIGNATION: The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject land for Low Density Residential (LDR) uses (see Exhibit A.2). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. PROPOSED MAP DESIGNATION: The applicant proposes to change the FLUM designation on the subject property from LDR to Mixed Use — Neighborhood (MU -N) (see Exhibit A.2). The purpose of the MU -N designation is to assign areas where neighborhood -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single -use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non- residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non- residential and residential land uses is particularly critical in MU -N areas. Tree -lined narrow streets are encouraged. Developments are encouraged to be designed according to the conceptual MU -N plan depicted in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Comprehensive Alan for store information. . The applicant proposes to develop Medium density residential (4 to 8 units/acre), neighborhood scale retail, office, professional and convenience uses on the west and north portions of the site as shown on the I" concept plan in Exhibit A.3. An elementary school, YMCA, City Park, and potentially, a library and health complex is planned on the southeast portion of the site as shown on the 2nd concept plan shown in Exhibit A.3; this area is proposed to develop first. Approval of a MU -N FLUM designation will allow zoning appropriate for the aforementioned uses. Approval of the snap amendment allows the applicant to apply for zoning which will accommodate the YMCA and school uses as principal permitted uses as well as allow for a mix of neighborhood -friendly commercial and residential uses to develop on the site that will collaborate as a mixed use development. Because the conceptual "bubble' plan for the mixed use area shown in Exhibit A.3 is very conceptual in nature and only depicts future possible uses and no site details, Staff recommends a more detailed plan is submitted through a future amendment to the development agreement, prior to a plat application being submitted and any development occurring beyond the scliool/YMCA/parlt site. This provision Bill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 4 EXHIBIT A will ensure development is consistent with the objectives and vision of the MU -N designation. At a minimum, the future plan should incorporate the following: Buildings in the commercial portion of the development should be arranged to create some form of common usable area such as a plaza or green space; Transitional uses and/or landscape buffering should be provided between commercial and residential uses; The project should include at least 3 types of land uses; Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; (as proposed) Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; (as proposed) Street sections consistent with the Ada County Highway District Master Street Map are required; Neighborhood serving uses and dwellings should be integrated: Residential uses should comprise a minimum of 40% of the development area with densities ranging from 6 to 8 units per acre with supporting non-residential services. Non-residential uses should be smaller scale and provide a good or service that people typically don't travel more than a mile for and need regularly; (6 to 8 units per acre is consistent with the R-8 zoning & falls within the range desired in MU-Ndesignated areas) Non-residential buildings should be proportional to and blend in with residential buildings; Employment opportunities for those living in the neighborhood are encouraged; Connectivity and access between non-residential and residential land uses is critical; Maximum building size should be limited to 20,000 s.f building footprint (excluding the school site) unless a structure contains a mix of both residential and office or commercial land uses. CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require landscape street buffers for new development along all entryway corridors." (2.01,02E) A 25 foot wide landscape buffer will be required with developunent along S. Eagle Road and E. Amity Road both arterial streets, and a 20 foot ivide buffer will be required along S. Howey Lane designated as a future collector street; landscaping should be installed in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. "Locate small scale neighborhood commercial areas within planned residential developments as part of the development plan." (3.05.0113) The proposed concept plan depicts a mix of residential, neighborhood fiienclly commercial uses, an elementary school, YMCA, and possibly a library and health complex. "Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g. landscaping, fences, etc.)." (3.05.02A) The Faure neighborhood connnercial uses should create a site design that provides appropriate landscaped buffers to residential uses while integrating the unix of uses through conplennentevy building Hill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 5 EXHIBIT A materials and design elements and pedestrian and vehicular interconnectivity. Several of the proposed Developnretrl Agreement provisions will ensure compliance with this policy. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The UDC (11-3A-3) restricts access to arterial and collector streets when access is avallablefr•oni a local sweet. Future development should comply with the standards for access listed in UDC 11-3A-3. "Adopt land use designations that will allow for housing opportunities for all income levels." (3.07.01D) The proposed MU -N land use designation and subsequent R-8 and C-Nzoning will allowfor a variety oj' residential opportunities within this area which will contribute to the variety of housing opportunities available in the City. "Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets." (3.07.02B) No development is proposed with this application. Upon development of each phase of this project, the developer will be required to provide sweet improvements. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3,03.0313) Future development of this site should include pedestrian pathways that link the mixed use area with the residential and the elementmy school/YMCA site as well as to adjacent off-site properties. "Provide a variety of park types (neighborhood parks, community parks, regional parks) interspersed throughout the community." (6.01.02F) The concept plan proposes a neighborhood parte consisting of approximately 10 acres to be developed on this site, in the vicinity ofthe elenientaryschool and YMCA. "Require screening and buffering of commercial and industrial properties to residential use with transitional zoning." (3.06.0113) The proposed C -N zoning allows for neighborhood friendly small-scale commercial uses with limited hours of operation. A minimun 20 foot wide landscape buffer to residential uses will be required in the fitture in accord with the standards listed in UDC 11 -3B -9C. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a mix of single-family dwellings at densities of 4 to 8 dwelling units per acre; neighborhood scale retail, office, professional, and convenience uses; and an elementary school, YMCA, City park, and potentially a library and health complex. There are no specific commercial uses proposed with this application. To promote quality design, all future structures, except for single-family detached homes, will be required to comply with the City's design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. hill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15.007 PAGE 6 EXHIBIT A b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for low density residential uses (under 3 dwelling units per acre) and the applicant proposes to change the land use designation on 39.83 acres of the site to allow medium density residential uses (3-8 dwelling units per acre) and neighborhood friendly commercial uses as well as a school, YMCA, and potentially a library and health complex. The future single-family residential units will contribute to the variety of housing options available within the City and the commercial portion will provide services to area residents. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming -based economy to a retail, service, and manufacturing -based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for low density residential uses. Because the site is located at the comer of two arterial streets and a mid -mile collector street, Staff believes medium density residential uses near the comer and commercial uses near the mid -mile adjacent to the collector may be more appropriate and provide a transition to lower density residential uses to the south and east of the site. e. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. f School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. No comments have been received from the West Ada School District to determine if the school facilities and student transportation in this area are adequate to serve additional residents. However, a new elementary school is proposed as part of this development to break ground this fall and a new high school is planned to the north at the northwest corner of E. Amity Rd. and S. Howry Ln. which should help serve existing and new residents. According to the school districts' boundary map, Lake Hazel Elementary, Lake Hazel Middle, and Mountain View high School currently serve the residents in this area. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the existing plan for the site is low density residential, Staff is of the opinion the proposed FLUM amendment to medium density residential and mixed use neighborhood would increase traffic within this area of the City. Hill Properties/Centmy Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 7 EXHIBIT A h. Natural Resources The propose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains; unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 248 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff is of the opinion the proposed single-family residential and neighborhood commercial development of this site is consistent with the proposed future land use designation of MU -N, m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. The City Council is the ultimate decision malting authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on April 9, 2015 of which I I people attended (see sign-up sheet included in application). STAFF ANALYSIS: Staff believes the MU -N designation is appropriate for this property due to the above - noted reasons. Additionally, locating the neighborhood commercial uses near the mid -mile with an elementary school, YMCA, City Park and possibly a library and health complex to the south, along with supporting residential uses meets the intent of mixed use designated areas. Therefore, staff is in support of the applicant's request for an amendment to the FLUM from LDR to MU -N. Hill Properties/Century Farm School CPAW 5-001; AZ -15-004; RZ-15-007 PAGE 8 EXHIBIT A VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone 78.62 acres of land with R-8 (39.83 acres) and C -N (38.79 acres) zoning districts. As discussed above in Section VII, staff believes the proposed zoning is consistent with the corresponding proposed FLUM designation of MU -N and the policies in the Comprehensive Plan. If the CPAM is not approved, the annexation and zoning of this property should not proceed. A conceptual site plan was submitted that depicts how the site is proposed to develop with a mix of uses consisting of medium density residential homes at densities of 4-8 dwelling units per acre; neighborhood scale retail, office, and professional convenience uses; and West Ada elementary school, a YMCA, City park, and potentially a library and health complex (see Exhibit A.3). The applicant plans to subdivide the annexation area in the future. There are 3 existing homes on this site. The ]tome along the center of the south boundary of the annexation area is proposed to be zoned R-8 and is proposed to remain. The (tome at the southeast corner of the site is proposed to be included in the C -N zoned area and is proposed to remain as long as the current owners live there; after which time, the YMCA will then redevelop and expand into that area. The home along the north boundary of the site is also proposed to be included in the C -N zoned area and is proposed to remain until redevelopment occurs, at which time the home and outbuildings will be removed. The C -N zone prohibits single-family residential uses; therefore, staff recommends if the applicant does not want to remove the two existing homes, that they are annexed with a residential zone and rezoned in the future when the site is ready to redevelop commercially. Staff further recommends the legal description for the C -N zone is revised to exclude these residential properties; the legal description for the R-8 zone is revised to include the residential property adjacent to Amity Road; and a new legal description for the R-8 zone is submitted for the residential property at the southeast corner of the site, prior to the City Council meeting. The existing homes will be required to hook up to City water and sewer service within 60 days of services becoming available per MCC 9-1-4A. The addresses of the existing homes to remain on the site will be changed at the time of development of the property. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation or rezone pursuant to Idalio Code section 67-6511 A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation and zoning with the provisions included in Exhibit B. REzoNE (RZ): The applicant proposes to rezone 8.39 acres of land along the southern boundary of the site from the R-8 to the C -N zoning district consistent with the proposed MU -N FLUM designation. This property was annexed with the Hill's Century Farm development in 2014. The school building is proposed to extend over the north property boundary onto the subject Hill property. Approval of the rezone to C -N will allow the school parcel to be regulated under one zoning jurisdiction rather than two and will allow the school to develop without approval of a conditional use permit, which is required in the R-4 district. The applicant plans to submit a property boundary adjustment application after the annexation and rezone is approved to reconfigure the existing parcel boundaries to create a buildable parcel for the Bill Properties/Century Farm School CPAM-15-001; AZA 5-004; RZ-15-007 PAGE 9 EXHIBIT A school, YMCA and other associated uses. The West Ada School District plans to begin construction of the elementary school late this summer. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-651 IA. Because the rezone area is proposed to develop as part of the larger annexation area to the north, Staff recommends this property is removed from the existing DA (recorded as Instrument 42015-003138) and included in the DA required for the annexation area. This will ensure this site develops as proposed with this application per the concept plan included in Exhibit A.3. Staffis recommends approval of the proposed CPAM, AZ and RZ applications with the requirement ofa development agreement with the provisions listed in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Conceptual Development Plan iREVISEDI B. Agency & Department Comments/Conditions C. Legal Descriptions and Exhibit Maps for Proposed Annexation & Rezone IREVI$$I�) D. Required Findings from Unified Development Code Hill Properties/Centnty Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 10 3 It Site 4 ilUR �� ��carii"c"br v x � EXHIBIT A Exhibit A.2: Existing & Proposed Future Land Use Map Data: 5115/2015 Existing Land Uses Bill Properties/Century Farm Scbool CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 13 EXHIBIT A Elementary School, YMCA, City Park, Library, and Health Complex ii Hill Properties/Century Faun School CPAM-15-001; AZ-15-004;RZ-15-007 PAGE 15 EXHIBIT A B. Agency & Department Comments 1. PLANNING DIVISION 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Improve S. Howry Lane as a public street adjacent to the east boundary of this site as required by Ada County Highway District. b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm as set forth in UDCI 1-213-3AA except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm. b. Future development of this site shall be generally consistent with the concept plans submitted with this application included in Exhibit A.3. d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary school/YMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. e. The thwe•(34 existing homes in the R-8 zoning district drat a_pf�tpp��d tyre air at the ou_th b�Una thannex at�n area mi... way_between_S. Eagle RQaa _S Ho"rv.Lar�e.shall be required to hook up to City water and sewer service within 60 days of services becoming available Der MCC 9-1-4A; the two -(es) existine homes in the that fronts on E.Amity Road that is nr000sed to Wmil-IM1111. 1-2 f The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. g. Because the conceptual "bubble" plan for the mixed use area shown in Exhibit A.3 is very conceptual in nature and only depicts future possible uses and no site details, a more detailed plan shall be submitted through an amendment to the development agreement prior to a plat application being submitted and any development occurring beyond the school/YMCA/park site. To ensure development is consistent with the objectives and vision of the MU -N designation, at a minimum, the future plan should incorporate the following: i. Buildings in the commercial portion of the development should be arranged to create some form of common usable area such as a plaza or green space; ii. Transitional uses and/or landscape buffering should be provided between commercial and existing low- or medium -density residential development; iii. The project should include at least 3 types of land uses; iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, dayeares, civic buildings, or public safety facilities) should be provided; (as proposed) Hill Properties/CenturyFarm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 16 EXHIBIT A V. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; (as proposed) vi. Street sections consistent with the Ada County highway District Master Sheet Map are required; vii. Neighborhood serving uses and dwellings should be integrated; viii. Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 6-4 to 8 units per acre with supporting non-residential services. Non- residential uses should be smaller scale and provide a good or service that people typically don't travel more than a mile for and need reeularly: tJr ix. Non-residential buildings should be proportional to and blend in with residential buildings; X. Employment opportunities for those living in the neighborhood are encouraged; xi. Connectivity and access between non-residential and residential land uses is critical; xii. Maximum building size should be limited to a 20,000 s.f. building footprint (excluding the school site) unless a structure contains a mix of both residential and office or commercial land uses. xiii. Plannine Qf the CN_ rogerty_11 h._of the ark and MCA__&ball c ni er appropriate vi 1 flit ,p ing and emege yc acCCSs to elaatttu�e oe ghborhood park. h. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The addresses of the existing homes to remain on the site will be changed at the time of development of the property. 2,1.2 Sanitary sewer and water service to the subject site will be via extensions of existing mains in the vicinity. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer ]rains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard fors. 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 I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Ilill PropcoieslCenturyy Farm School CPAM-15-001; AZ -15.004; RZ-15-007 PAGE 17 EXHIBIT A Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.1.4 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application, 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Bill Properties/Century Farm School CPAM-15-001; AZ -15-004; R7-15-007 PAGE 18 EXHIBIT A C. Legal Descriptions and Exhibit Maps for Proposed Annexation & Rezone UIL. (�tV-Ur.,;e2 km 923311VFST SLAR.. 5111E0 1 13OI5L,10113714 I 203639.6939 I fAUU1639.69Y) April 29, 2015 Project No.: 14-033 EXHIBIT A LEGAL DESCRIPTION FOR PARCEL ANNEXATION A parcel of land being a portion of the North 1/2 of the NW 114 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Who and being more partimlady described as follows: Commencing at a found aluminum cap marking the Northwest cornerof said Section 33, which hears N89'15'22"W a distance of 2,660,61 feet from a found brass cap marldngthe North 1/4 corner of said Section 33; Thence following the northerly line of said NW 1/4 of Section 33, S89-IS'22"E a distance of 350.17 feet to the POINT OF BEGINNING. Thence following said northerly line, 589"15'22"F a distance of 980.14 feet to a point being the W 1/16 corner of said Section 33; Thence following said northerly line S89°15'22"E a distance of 1,330.31 feet to a found brass cap marking the North 1/4 corner of said Section 33; Thence leaving said northerly line and following the easterly line of said Section 33, S00'I9719"W a distance of 1,379.06 feet to a found 5/8 -inch rebar marking the CN 1/16 cornerof said Section 33; Thence leaving said easterly Ifneantl following the southerly line of the North 1/2 of said NW 1/4 of Section 33, N89°27'52"W a distance of 2,658.26 feet Loa found 3/4 -Inch rebai marling the N 1/16 conrerofsald Section 33; Thence leaving said southerly line and following the westerly line of said NLN 1/4 of Seclion 33, N00°13'13"E a distance of 989.57 feet to a point; Thence leaving said westerly line, 589.1522" E a distance of 350.17 feet to a point; Thence 1400"13'13"E a distance of 350.17 feet to the POINT OF BEGINNING. Said parcel contains 78,621 acres, moreor less, and is subject to all existing easements and/or rights-of-way of record or Implied. Attacher) is EXHIBITS and by this reference made a part of. 4� w N 12469 a 'FON L. 9h4v� y'29.706 FNGiNFERS I SURVEYORS i PLANNERS wvAv.kmeoglip.com [Mill Properties/Century Farm School CPAM-15-001; AZ -15-004; ItZ-15.007 PAGE 19 POINT OF COMMENCEMENT NW CCP SECTION 33 E. Amity Road E D;1T_w x-9pr-980.14'-- P POINT 0.F WEST 1/15 P BEGINNING SECTION$ 2 5.22'E§ Total Am C Li APN: S1133223005 11 K °'. V) N 1/16 COR NW I SECTIONS 32&33 1329.13' SEC .-. c LEGEND Q BRASS CAP ® ALUMINUM CAP 3/4 -INCH REBAR 5/8 -INCH REDAR d CALCULATED POINT —'- — — —REZONE BOUNDARY — — — — —SECTION LINE —P/xRIGHT-OF-WAY UNE EXHIBIT A NORTH 1/4 COR EAAINGS SECTION 33 2650.61' _ Area: 78.621± n AAN: 51133212450 .: tM p, Ic UNPLATTED 33 — 1329.18 PROPOSED HILL'S CENTURY FARM SUBDNiSION N 0 200 400 800 T "=400\ i AFN: 51173212420 CN 1118 CCR 5ECTION 33 I I I N Z Z � Q u W1 0 V X F OQLL b Z W N - > N Z az w� t— X Z m L O Z or Q d U Q LU N SHEET: 1 OF 1 9113 WF5($EATr $iAEEi Ewsuowosla:4 rxcu[t1m1E19.pu9 EA%POBIYu9✓i9E0 Bill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 20 EXHIBIT A ki"9233 WEST STATE STREET j BOISE,ID83714 1 208.639.6939 1 FAX208.699.6930 June 18, 2015 Project No.: 14.031 EXHiBITA LEGAL DESCRIPTION FOR REZONE TO RS A parcel of land being a portion of the NW VA of the NW 1/4, and a portion of the NE 1/4 of the NW 114 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest comer of said Section 33, which bears N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; , Thence following the northerly line of said NW 114 of Section 33, S89°15'22"E a distance of 350.17 feet to the POINT OF BEGINNING. Thence following said northerly line, 589"1522"E a distance of 1,151.56 feet to a point; Thence leaving said northerly line, 500°1611"W a distance of 1333.28 feet to a point on the southerly line of the North 112 of said NW 1/4; Thence following sold southerly line, N89'27'S2"W a distance of 1,500.54 feet to a found 3/4 -inch rebar marking the N 1/16 corner of said Section 33 and Section 32; Thence leaving said southerly line and following the westerly line of said NW 114 of Section 33, N00'13'13"E a distance of 988.57 feet to a point; Thence leaving said westerly line, S89'15'22"E a distance of 350.17 feet to a point; Thence N00'13'13"E a distance of 350.17 feet to the POINT OF BEGINNING, Said parcel contains 43.225 acres, more or lass, and is subject to all existing easements and/or rights-of-way of record or Implied. Attached is EXHIBIT B and by this reference made a part of. 12459 b •16• ZO l� Hill Propertics/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 21 M O w vi EXHIBIT A /- POINT OF COMMENCEMENT NW COR SECTION 33 POINT BEGINNING WEST 1/16 CCR N SECTIONS 26k33 Total Rezone: 43.2254 APN: S1133223005 CURRENT ZONING; RUT PROPOSED TONING: R8 REZONE AC: 37.9771 NORT-I 1/4 COR SECTION 33 I I I � Km,R n UNPLATTED R m M Z N IMNo� I I I I CN 1/16 COR N 1/16 COR SECTION NW 1i6 COR -- 33 SECTIONS 328c33 / � T 569'27'75SECTION 33 2'E N89'ZT52'W 7500.54' 1167.1' 933MMSTATEOREET .o%'toN1o03934 PIW9E{909163&6939 M uWI639-6930 1"n UNP-,ATTED N 0 150 300 600 0 1 "=300' EXHIBIT B - REZONE TO R8 BRIGHTON INVESTMENTS, I.I.C. SHEET: A PORTION Of NW 1/4 NW 1/4 AND A PORTION Of NE 1/4 NW 1/4 1 Of 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Ilill Properties/Century ram School CPAM-15.001; AZ -15-004; RZ-15.007 PAGE 22 MASS CAP ® ALUMINUM CAP ® 3/4 -INCH REBAR 5/8 -INCH REBAR CALCULATED POINT --- - - —REZONE BOUNDARY — - - - —SECTION LINE RM' RIGHT-OF-WAY LINE EXHIBIT B - REZONE TO R8 BRIGHTON INVESTMENTS, I.I.C. SHEET: A PORTION Of NW 1/4 NW 1/4 AND A PORTION Of NE 1/4 NW 1/4 1 Of 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Ilill Properties/Century ram School CPAM-15.001; AZ -15-004; RZ-15.007 PAGE 22 June 18, 2015 Project No.: 14.031 EXHIBIT A 9233 WEST STATE STREET I BOISE,ID83714 1 208.639.6939 1 FAX208.639.6930 EXHIBITA LEGAL DESCRIPTION FOR REZONE TO C -N A parcel of land being a portion of the NE 1/2 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears N89°15'22"W.a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of the NW 1/4 of Section 33, S89°15'22"E a distance of 1,330.31 to a point being the W 1/16 comerof said Section 33 and Section 28; Thence following said northerly line, S89°15'22"E a distance of 171.42feet to the POINTOF BEGINNING. Thence following said northerly line, 589°15'22"E a distance of 1,158.89 feet to said found brass cap marking the N 1/4 corner of said Section 33; Thence leaving said northerly line and following the easterly line of said NE 1/4 of the NW 1/4, SOO°19'09"W a distance of 1,329.06 feet to a found 5/8 -Inch rebar marking the CN 1/16 corner of said Section 33; Thence leaving said easterly line and following the southerly line of said NE 1/4 of the NW 1/4, N89°27'52"W a distance of 1,157.71 feet to a point; Thence leaving said southerly line, N00°16'11"E a distance of 1,333.28 feet to the POINT OF BEGINNING. Said parcel contains 35.395 acres, more or less, and Is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBITS and by this reference made a part of. 6•!g•2olS 110 IlilI Properties/Century Farm School CPAM-15-001; A7-15.004; RZ-15.007 PAGE 23 EXHIBIT A NWINCDRFSECTIONN COMMENCE W 1/16 CORNER E. Amity Road NORTH 1•f4 COR SECTIONS 28&33 BASIS OF BEARINGS SECTION 33 589'15'2rE 2660.61' .0 1330.31' 171.42' 7 —ww-1158.89'—M/A'-a/x—aA}v b POINT OF BEGINNING ao I w I r I `ri I r Total Rezone: 35.396± L-�--LL LN 1/16 COR SECTIONS 32&33 EiNGINE�RING 9233 YIW VATEMEO BOISE, I0Aa083714 PHONE R04 619 6939 fm(2081039�930 N89'27'52'W 1 UNPLATTED N 0 150 300 600 1 "=300' APN: S1133212420 r CURRENT ZONING: RUT r PROPOSED ZONING: C -N REZONE AC: 7.2351 57.71' _ CN 1/16 COR SECTION 33 LEGEND BRASS CAP ® ALUMINUM CAP �} 3/4—INCH REBAR ® 5/8—INCH R£BAR A CALCULATED POINT —REZONE BOUNDARY SECTION LINE RIGHT—OF—WAY LINE EXHIBIT B - REZONE TO C -N BRIGHTON INVESTMENTS, LLC. 00AU 14.031 1 A PORTION OF THE NE 1/4 NW 1/4 I SHEET: SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID 1 OF 1 Bill Properties/Century Farm School CPAM-15-001; A7.-15.004; RZ-15-007 PAGE 24 APN: 51133212450(POR) RUT Ori CURRENT ZONING: 17 UNPLATTED n PROPOSED ZONING: C -N I (M REZONE AC: 28.161± r UNPLATTEO m Iio to 0 Iz (Z IH L-�--LL LN 1/16 COR SECTIONS 32&33 EiNGINE�RING 9233 YIW VATEMEO BOISE, I0Aa083714 PHONE R04 619 6939 fm(2081039�930 N89'27'52'W 1 UNPLATTED N 0 150 300 600 1 "=300' APN: S1133212420 r CURRENT ZONING: RUT r PROPOSED ZONING: C -N REZONE AC: 7.2351 57.71' _ CN 1/16 COR SECTION 33 LEGEND BRASS CAP ® ALUMINUM CAP �} 3/4—INCH REBAR ® 5/8—INCH R£BAR A CALCULATED POINT —REZONE BOUNDARY SECTION LINE RIGHT—OF—WAY LINE EXHIBIT B - REZONE TO C -N BRIGHTON INVESTMENTS, LLC. 00AU 14.031 1 A PORTION OF THE NE 1/4 NW 1/4 I SHEET: SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID 1 OF 1 Bill Properties/Century Farm School CPAM-15-001; A7.-15.004; RZ-15-007 PAGE 24 EXHIBIT A loon 6 F"s.>„:I MI='s -ice `rFaNI-'ASiA!I'dhlll ( BtlliL,fb`Ltid I !lY (.&S1 (,431 Apri129, 2015 Project Na.! 14.031 EXHIBIT LEGAL DESCRIPTION FOR R •.,ONE TO C -N A parcel a parcel of Land situated In a portion Of the Southeast 1/4 of the Northwest 114 of Section 33, Township North, Range 7 East, Boise Meridian, City of Meridian, Ado county, Idaho, and being more parilcularlydascilbed as follows: Commencing it an aluminum calf nfonunlent making the north 114 corner of sold Section 33, thence following the easterly line of the Northwest 1/4 of said Seebon 3a, S00"10'09"W a dlstalee of 1,329.06 feet to a hound 5/8 -inch rebar maridng the northeast corner of said Southeast 114 of the Northwest 114 (C -N 1/16 corner) and being the POINT OF BEGINNING. Thence following said easterly line, S00°19'09"W a distance of 141.58 feet to a polntwhich bears N00°10'(19"E a distance of 1,737.48 feet from a found 5/8 inch rebar marling the Centerof sold Section 33; (hence leaving, said easterly line, S40`1R'5R"W a distance of 90.45 feel to a paint; Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radlus of 33150 feet, a delta angle of 43°56'14", a chord bearing of 562"17'04"W and a chord instance of 248,03 feet to a point; Thence S24°1511"W a distance Of 120.50 feet to a point; Thence 340.80 feel along the are or a circular curve to the left, said curve having a radius of 618.50 feet, a delta angle of 31"34'16", a chord bearing of S68"28'03"W and a chord distance of 336.51 feet to a point; Thence N37°:19'04"W a distance of 53.00 feet too point; Thence N33'25`0u"1N a distance of 20.05 feet to a point; Thence N54`48'00'W a distanto of 101,70 feet to a point; Thence 1470023'47"W a distance of 85.44 feet to a point; Thence N83"29'14"W a distance of 71.06 feet to a point; Thence N89'27'54"W a distance or 98.19 feet to a point; Thence N00'32'06"E a distance of 307.67 feet to a point on the norLharly line of .ail Southeast 1/4 of the Northwest 1/4; Thence foilowlng sold northerly line, 589'27'52"E a distance of 1,090.81 feet to the POINT OF BEGINNING. Said Inn cel contains 8.391 acres, more or less, and Issubject to all existing easements and/or rights -al -way of record or implied. Attached hereto Is Exhibit Band by this reference Is made a part hereon. 12459 I WGINfl R`,'Af iVEyOO', In AMNI 11S war.icntrngllp.rrmr �pN-TL Hill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 25 UNPLATMO EXHIBIT A Pian Scale 569'27'52"Er 1090.61' a ^. Tota IRezone: 8.391i APN: 51133232610 (POR) CURREW, ZONING: RB PROPOSED ZONING: C—N Arnity Road CUPWETABIE — — _E. ""T4 CHDFC 3aG L?ORD POINT OF CO)ANENCEAtEN!J 254.21' 4356'14' 9fi71 W .246.03' N 1/4 CORNER 340.80' 31'34'16' 666'28'03'W 1336.Of' SECTION 33 J J o O Fy u POINT OF BEGINNING coil Iy C—N 1/16 CORNER _ Z SECTICN 35 WuQo]S46'16'5a 1�0 89 X V' yG' x 1 5a4'15'11"W ^I r G2 12050' GENION OF 9'04'Vi SECTION 3..� PROPOSED HILL'S CENTURY FARbi SUBO@I610N LEGEND CUPWETABIE CURVE I P.ADIUStFNGTF ""T4 CHDFC 3aG L?ORD Cl 331.30' 254.21' 4356'14' 9fi71 W .246.03' CIO 618.50' 340.80' 31'34'16' 666'28'03'W 1336.Of' LEGEND Lu I= m 1 OF 1 9}3?VIESl6iRi $iRFs. 00!Si,!9NIO Si:P RICN6gp1415.49i9 Hill Properties/CenturyFarm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 26 BRASS CAP S/6—INCH NEW CALCUtATEC POINT — — —REZONE BOUNDARY — — — — — SECTION UNE Lu I= m 1 OF 1 9}3?VIESl6iRi $iRFs. 00!Si,!9NIO Si:P RICN6gp1415.49i9 Hill Properties/CenturyFarm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 26 EXHIBIT A D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for a mix of residential and neighborhood friendly commercial uses on the site will be compatible with existing and future residential uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with the surrounding existing and future residential uses. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed mixed use development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and VIII and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. hill Properties/Century Farm School CPAM-15.001; AZ -15-004; RZ-15-007 PAGE 27 EXHIBIT A 2. ANNEXATION/REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with R-8 and C -N zoning districts consistent with the proposed PLUM designation of MU -N. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent existing and future residential uses (see section VII above for more information), b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed snap amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section Vlll above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with an R-8 zoning district is in the best interest of the City. 3. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the majority of the site with R-8 and C -N zoning district and rezone a small portion of the site from R-8 to C -N for the development of an elementary school and YMCA. The City Council finds that the proposed map amendment (zoning) is generally consistent with the proposed MU -N future land use map designation requested for this site. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). EXHIBIT A b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 and C -N zoning districts and proposed mixed use development is generally consistent with the purpose statements of the residential and commercial districts in that it will contribute to the range of housing opportunities available within the City as well as provide nearby services for those residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds the proposed annexation is in the best interest of the City as outlined above in Section VIII. Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 5R PROJECT NUMBER: AZ 15-003 ITEM TITLE: Shelburne Subdivision . Findings of Fact, Conclusions of Law: AZ 15-003 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Annexation and Zoning of 30.21 Acres of Land with an R-4 Zoning District MEETING NOTES Community Item/ Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-005 ITEM TITLE: Shelburne Subdivision/ Findings of Fact, Conclusions of Law: PP 15-005 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Preliminary Plat Approval Consisting of Seventy -Eight (78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres of Land MEETING NOTES P : 7 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIANTT�1�T FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 30.21 Acres of Land with an R-4 Zoning District; Preliminary Plat Consisting of Seventy Eight (78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres of Land for Shelburne Subdivision; and Vacation of the Existing Public Utilities, Drainage, and Irrigation Easements, by Shelburne Properties, LLC. Case No(s). AZ -15-003; PP -15-005; VAC -15-006 For the City Council Hearing Date of. June 23, 2015 (Findings on July 7, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. I1-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1, The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of June 23, 2015, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of June 23, 2015, attached as Exhibit A. 3. The applicant's request for a vacation is hereby approved per the attached Staff Report for the hearing date of June 23, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6E -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6E -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006 -2- within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 23, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006 -3- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED 1/ �Im.. COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED t`�r COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED�Q� COUNCIL MEMBER GENESIS MILAM VOTED ®^ MAYOR TAMMY de WEERD VOTED ®� (TIE BREAKER) %f-ryvr-Pam erd Attest: s �-.. 0 .*cry of 4fyCh4&mmT� JL'AL City Clerk T �� V e inEA0Ra Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. BCom. �—tDated:_ r y lleer s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006 4- Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 14-016 ITEM TITLE: Nesting Swan Ranch Findings of Fact, Conclusions of Law: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinet Lane Request: Annexation and Zoning of 27.75 Acres of Land 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: PP 14-018 ITEM TITLE: Nesting Swan Ranch/Prelim Plat Located 4617 and 4620 S. Martinel Lane Request: Preliminary Plat Approval Consisting of Thirty -One (31) Building Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 1101, C�WE I In the Matter of the Request for Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Thirty -One (31) Building Lots and Seven (7) Common Lots on 10.37 Acres of Land for Nesting Swan Ranch Subdivision, Located at 4617 and 4620 S. Martinel Lane and 3570 E. Amity Road, by Blossom 1, LLC. Case No(s). AZ -14-016; PP -14-018 For the City Council Hearing Date of: June 16, 2015 (Findings on July 7, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 21, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-016; PP -14-018 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of May 21, 2015, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning was approved with an R-4 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of May 21, 2015, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby denied based on the fact that it is not in conformance with the R-4 zoning district that was approved with the annexation and zoning as noted in the Staff Report for the hearing date of May 21, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I 1 -5E -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5E -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request roust be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 21, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -14-016; PP -14-018 -2- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED--'),4&--- OTED'i.G&'-- COUNCIL COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mnym-TMMI e ee p0.pTPu Attest: � G�P4 3 9 n city -f $ Jaycee roman SEAL City Clerk y f` Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: �AI City Clerk' O rice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-016; PP -14-018 -3- Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-008 ITEM TITLE: Normandy Subdivision Development Located at 4145 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of 1 10 Building Lots and 9 Common Lots on 26.93 Acres of Land in an R-8 Zoning District MEETING NOTES MGM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the the Matter of the Request for Preliminary Plat Consisting of One Hundred and Ten (110) Building Lots and Nine (9) Common Lots on 26.93 Acres of Land in the R-8 Zoning District for Normandy Subdivision, by Schultz Development. Case No(s). PP -15-008 For the City Council Hearing Date of: June 23, 2015 (Findings on July 7, 2015) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 23, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-008 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of June 23, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat; combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 1 I -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years, Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1 I - 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 1 I -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-008 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached; Staff Report for the hearing date of June 23, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-008 -3- By action of the City Council at its regular meeting held on the day of , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED A "y V COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED �^ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) �i IED Ap^+ ♦• Attest; 9 A RC"YOf City Clerk 1DA110 SEAL f1,tf \0 T °�LYe LftLT�O� Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. BY:�Dated:V City Clcrk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-008 4- Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-013 ITEM TITLE: Silverwater Subdivision/Trilogy Development Final Order for Approval: FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 1/4 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 2 COMMON ) LOTS ON 4.67 ACRES OF LAND IN ) THE R-8 ZONING DISTRICT FOR ) SILVERWATER SUBDIVISION NO. ) 2 ) BY: TRILOGY DEVELOPMENT ) APPLICANT ) HEARING DATE: NNE 16, 2015 CASE NO. FP -15-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 5 and 26, and June 16, 2015 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SILVERWATER SUBDIVISION NO. 2, SITUATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2015, HANDWRITTEN DATE: 4/7/15 BY MICHAEL S. BYRNS, PLS, SHEET 1 OF 4," is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO.2 (FP -15-013) Page 1 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 26, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Shawn Brownlee, Trilogy Development, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO. 2 (FP -15-013) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the / day of 2015. Attest: o�a�,,,IZD UCtl 9 G B City of daSrcee H is City Clerk SEAL T- . CW206 —Meye -, City of Meridian C , Qi661 AA:;;® Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By 1 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO. 2 (FP -15-013) Page 3 of 3 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 5X PROJECT NUMBER: FP 15-012 ITEM TITLE: Silverwater Subdivision/Trilogy Development/Final plat Final Order for Approval: FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 1/4 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 42 Common Lots, b Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 42 BUILDING LOTS, 6 COMMON LOTS AND 1 OTHER LOT ON 17.22 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR SILVERWATER SUBDIVISION NO.3 BY: TRILOGY DEVELOPMENT APPLICANT HEARING DATE: JUNE 16, 2015 CASE NO. FP -15-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 5 and 26, and June 16, 2015 for final plat approval pursuant to Unified Development Code (UDC) 11-611-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SILVERWATER SUBDIVISION NO. 3, SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2015, HANDWRITTEN DATE: 4/7/15 BY MICHAEL S. BYRNS, INC., PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO. 3 (FP -15-012) Page 1 of 3 I OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 26, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Shawn Brownlee, Trilogy Development, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO. 3 (FP -15-012) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the ! day of ALar 2015. $GaRA'fPD AU`.Ut i Attest: l /N -i0;1"-' city -r City Clerk --dA-L �'" !A E.15U0.E Y By: jtawsl+++�- 4 4wf,", City of Meridian C , Q,iv%:1 &ta- Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERWATER SUBDIVISION NO. 3 (FP -15-012) Page 3 of 3 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 5Y PROJECT NUMBER: TEC 15-002 ITEM TITLE: Pinebridge Subdivision Time extension . Final Order for Approval: TEC 15-002 Pinebridge Subdivision by B.W. Meridian, Inc. Located East Side of N. Locust Grove Road, South of E. Fairview Avenue and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR PINEBRIDGE SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 8, T.3N., R.IE, MERIDIAN, IDAHO BY: B. W. MERIDIAN, INC. APPLICANT CIC JUNE 16, 2015 CASE NO. TEC -15-002 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on June 16, 2015, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer's signature on a final plat for Pinebridge Subdivision, which preliminary plat was originally approved on November 7, 2007, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. Three (3) time extensions (TE -09-015, TEC -11-002 and TEC -13-004) were previously approved for this subdivision, the last of which expired on May 7, 2015. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until May 7, 2017, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of June 16, 2015 incorporated by reference. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR PINEBRIDGE SUBDIVISION (TEC -15-002) Page 1 of 2 Attached: Staff Report for the hearing date of June 16, 2015 By the action of the City Council at its regular meeting on the day of 2015. DATED this I ' day of 61 2015 Attest: City Copy served upon the Attorney. C�Ce n, n mmy y^ -r � I�t f7�/� o t�City of DIA Mi— SEAL e � .ra[� licant, Planning Department, Public Works Department, and City BY: Dated:. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR PINEBRIDGE SUBDIVISION (TEC -15-002) Page 2 of 2 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-02 ITEM TITLE: Fall Creek Subdivision Final Plat Approval Final Order for Approval: FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC Located South of W. Overland Road and East of S. Linder Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Four (4) Common Lots on 12.51 Acres of Land in the R-8 Zoning District MEETING NOTES OEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 39 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 12.51 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR FALL CREED SUBDIVISION NO.2 BY: COLEMAN HOMES, LLC APPLICANT HEARING DATE: JUNE 23, 2015 CASE NO. FP -15-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 23, 2015 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING FALL CREEK SUBDIVISION NO. 2, LOCATED IN THE W %2 OF SECTION 24, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 5/19/15 by CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 2 (FP -15-021) Page 1 of 3 City Council from the Planning and Development Services divisions of the Community Development Department dated June 23, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 2 (FP -15-021) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2015. p4pT ED AIJ, ' Attest: � o$s �} _ n . Cityof 46&——�i�eo - aycee o F SEtiL City Clerk YT °�tbe TRF ASV�t� By: G CC /\, 9-�(/� City of Meridian • Nu &L,;*— day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: S;4 Dated: -::T h-�-/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO.2 (FP -15-021) Page 3 of 3 Meridian City Council Meeting DATE: JuIV 7, 2015 ITEM TITLE: Paramount ITEM NUMBER: PROJECT NUMBER: FP 15-020 Subdivision/ Final Plat Final Order for Approval: FP 15-020 Paramount Square Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Final Plat Approval Consisting of Twenty (20) Commercial Buildable Lots and One (1) Multi -Family Residential Lot on Approximately 31.95 Acres in the C -G and R-40 Zoning Districts MEETING NOTES y' { Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) COMMERCIAL BUILDING LOTS AND ONE (1) MULTI -FAMILY RESIDENTIAL BUILDING LOT ON APPROXIMATELY 31.95 ACRES OF LAND IN THE C -G AND R-40 ZONING DISTRICTS FOR PARAMOUNT SQUARE SUBDIVISION BY: BRIGHTON INVESTMENTS, LLC APPLICANT HE, DATE: JUNE 23, 2015 CASE NO. FP -15-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 23, 2015 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF PARAMOUNT SQUARE SUBDIVISION, LOCATED IN THE SE ''/a, SECTION 25, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 5/21/15, PATRICK ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SQUARE SUBDIVISION (FP -15-020) Page I of 3 A. TEALEY, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services Divisions of the Community Development Department, dated June 23, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SQUARE SUBDIVISION (FP -I5-020) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2015. Attest: qeo A uGpy � z =Go moo, City of N cee FI a °"=' City ClerkSEAL V1111",,6 't at ASVP��- By: GG1--61 . (2 City of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �1_ Dated: _}-1 b''/ 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SQUARE SUBDIVISION (FP -15-020) Page 3 of 3 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: VAC 15-006 ITEM TITLE: Shelburne Subdivision Resolution No. 1 0%r? : VAC 15-006 Shelburne Subdivision by Shelburne Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Vacate Existing Easements Platted with Zaldien Zerua Subdivision MEETING NOTES AN ROVED 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 2015-061376 BOISE IDAHO Pgs=3 VICTORIA BAILEY 07/09/2015 09:40 AM MERIDIAN CITY NO FEE 00119449201600613780030034 CITY OF MERIDIAN RESOLUTION NO. IS - 1 C72. . BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF THE EXISTING PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS ON THE PORTION OF THE SITE THAT WAS PREVIOUSLY PLATTED WITH ZALDIEN ZERUA SUBDIVISION. SUBJECT PROPERTY IS LOCATED AT 3405, 3497, AND 3801 E. ZALDIA LANE, IN THE SW !/40F SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 23, 2015 the City Council of Meridian, held a hearing on the vacation of a portion of the existing public utilities, drainage, and irrigation easements on the portion of the site that was previously platted with Zaldien Zerua Subdivision. WHEREAS, the subject property is located at 3405, 3497, and 3801 E. Zaldia Lane, in the SW 1/4 of Section 28, Township 3 North, Range 1 East 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 a portion of the existing public utilities, drainage, and irrigation easements on the portion of the site that was previously platted with Zaldien Zerua Subdivision located at 3405, 3497, and 3801 E. Zaldia Lane, in the SW '/4 of Section 28, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. SAELBURNB SUBDIVISION —VAC -15-006 PAGE t OF 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of c-3 947tt 2015. Li APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2015. 2f --- C ATTEST: rJ _ �SJ�,�cco nuc�srJ Tw o s r e( aycee o man, 11t or o 7 SEAL 1 STATE OF IDAHO, ) ) ss County of Ada ) On this _ day of Nl 2015, before me the ��31� ens e undersigned, a Notary Public in and for said State ersonally appeared TfA4 deE�itBnt�e in a and JAYCEE L. HOLMAN, known to me to be the ayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)�7 C O !; NOTARY PUBLIC RESIDING AT: MY COMMISSION SHELBURNE SuuDivisioN— VAC -15-006 PAGE 2 OF 2 Exhibit A Easements to be Vacated Shelbutne Subdivision — VAC 15-006 f �M P <A Ik2Mnl MiiPQ:Oi Nrt i.:-Avlvu re N�itx M mnpmY:u.�O�:js) b cSmv nm Xw9 cW[, ssttn AI-Y.N 'Y.[ w� pt Tv MJ4�l1 A tIN 6 P3GU6AM 0[viN[�w�ofi, R YYRs W.X f[Y4V•inuT �5 usNd 4lhauw:t mlxf. T3.KKS aed[1+[ryiea3[YMp 5fnsnuL CaJYS.OAR 2 A ¢2 le) p lrt u[:wr mm�mpmm, mM[ � s 0.w pT6 EV95[cMnLnwp:LY rumAmxm�oo'mrf�wn�sas.-fwrnvmv p.nva°n'd' LEGEND a_.ww s[n.0 t•zl _ _ _ — f Meridian City Council Meeting DATE: Julv 7. 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution to Amend Future Land Use Map Resolution No. 15 s 167.3 : A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for approximately 87.01 acres of Land from Low Density Residential (LDR) to Mixed Use - Neighborhood District (MU -N). Said land is known as Hill Properties and is Generally Located on the East Side of S. Eagle Road and the South Side of E. Amity Road in the Northwest '/< of Section 33, Township 3 North, Range 1 East, Meridian, Idaho, Ada County. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=3 VICTORIA BAILEY 2015-061377 MERIDIAN CITY 07/09/2015 09:41 AM NO FEE 11,111, 11, 11,�li9460 01600 it7 0 300 8 VIII IIIII 00119450201500613770030038 RESOLUTION NO. 15' 10-13 BIRD, BORTON, CAVENER, MILANI, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 87.01 ACRES KNOWN AS HILL PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF S. EAGLE ROAD AND THE SOUTH SIDE OF E. AMITY ROAD, IN THE NORTHWEST '% OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 5 0-3 02 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 87.01 acres of land from Low Density Residential (LDR) to Mixed Use - Neighborhood District (MU -N). Said land is known as Hill Properties and is generally located on the east side of S. Eagle Road and the south side of E. Amity Road in the northwest i/4 of Section 33, Township 3 North, Range 1 East, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP—HILL PROPERTIES CPAM 15-001 Page 1 of 2 SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. C1141 - ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2015. `APPROVED by the Mayor of the City of Meridian, Idaho, this / day of JtAkt., 2015. F.V991TI �4.'�a�-"��tiuuu3rdP xx� rri ATTEST: ~`o�dP °,wcr srr o City of " EI IDIANt By: aycee L. olman, City'Frk SEAL v �!�' °tII, 9RfD' COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP— HILL. PROPERTIES CPAM 15-001 Page 2 oil EXHIBIT A Date: 5/15/2015 Existing Land Uses Proposed Land Uses Hill Properties/Century Farm School — CPAM15-001 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: DD PROJECT NUMBER: ITEM TITLE: Broadview Un Broadview University Space Use Agreement for City of Meridian Town Hall Meeting MEETING NOTES MMM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Landlord: BROADVIEW UNIVERSITY Space Use Agreement Broadview University 2750 E. Gala Court -Meridian, ID 83642 Office: 208-577-2900 Email: dsimmons@broadviewuniversity.edu Landlord Agent: Department: Michael McAllister End_8:00pm Campus Director Phone Number: Email: 208.577.2910 mmcallister@broadvlewuniversity.edu Purpose or use (use): I own nail and community planning meeting for new park located Date(s) requested: Thursday, July 9, 2015 Event Time: Start_5:30pm End_8:00pm Irttdak Preparation / Set-up Times: Start_5:30pm_ InlNals End_6:00pm Clean-up Times: Inalals Start_7:30pm_ End_8:00pm_ Office. Use Only: - Reservation(s)Accepted: Dote Completed - Irttdak Room Assignments Complete: Dote Compfeted InlNals Electronic Request Complete: Oafe ComPleled Inalals Guest Password Ordered: DWCom feted Intflals " Password of Record: Confirmation Call Complete: Date Completed Initials - Tenant Name(Organization): City of Meridian, Parks and Recreation Address: 33 E Broadway Ave, Meridian, Idaho 83642 Phone Number: 208.888.3579 Email Address: rmyers@meridiancity.org Tenant Agent: Mayor Tammy de Weerd Phone Number: 208.888.3579 Department: Email: rmyers@meridiancity.org Expected number of guests: 75 Room Assignment(s): Room A: Student Commons Roam B: Student Commons Required: XX Yes ❑ No Additional Accommodations Requested: Electronic Support Required Computer with internet access required: ❑ Yes x No Projector required: x Yes 0 N Electronic Guest Password: x Yes ❑ No Other: Projector screen, projector cart, and podium. Long tables for refreshments. BROADVIEW UNIVERSITY TERMS AND CONDITIONS OF USE Reservation Tenant shall have the use of the Premises on the following day(s) July 9, 2015 n , between the 5:3oPM and 8 oopm am/pm including preparation, event, and tacI Ity c can -up. T e designated room(s) will not be avai a e prior to scheduled time. Tenant must vacate the premises by the agreed upon time and no later than closing time (see Limitations on Use: Access to Building). Tenant Initial Risk, Assumption, Indemnity, and Hold Harmless. Tenant assumes all risk with respect to its use and occupancy of the Premises, and agrees to indemnify and hold the Landlord, and its agents, harmless from any cost, expense, claims, lawsuits, damages, or any similar thing arising out of Tenant's use or occupancy of the Premises. _j,tC_ Tenant Initial Limitations on Use: Alcohol and Firearms Tenant shall neither serve nor allow any alcoholic beverages on the Premises and shall, at all times during its use, comply with all laws, ordinances and regulations governing the premises. Absolutely no weapons, including without limitation, knives, firearms, Tasers, or any other type of weapon, are allowed on the premises ofBVU. Tenant Initial Limitations on Use: Insurance If Tenant's use is not a typical classroom activity than Tenant shall provide 04�_ Landlord a Certificate of Public Liability Insurance naming Landlord as an additional insured prior to occupying premises. Tenant is responsible for the behavior and actions of all invited guests. Tenant Initial Limitations on Use: Business Activities Tenant shall not use Premises as a `place of business', including but not limited to making paper copies, taking in mail/items and/or using the site for other uses not pre -approved by the Landlord or its agent. B VU does not collect funds, make change, or process credit card payments on behalf of third party tenants. Tenant Initial Limitations on Use: Animal Guests Animal guests are not permitted on the property. Service animals, as ,2n, defined by the U.S. Department of Justice as any animal that is individually trained to perform tasks for people with disabilities, are welcomed on campus in the company of their handler. Tenant Initial Limitations on Use: Children under the age of 16 For the protection and well-being of children who attend activities on the Premises shall, at all times, be attended and adequately supervised by a responsible person (parent, guardian). All children must be accompanied by that person when in the rest room, the elevator, hallway or p the stairwell. Parents, not staff, are responsible for the behavior of their children. Disruptive behavior will not be tolerated. Tenant Initial Limitations on Use: Smoking In keeping with BVU's intent to provide a safe and healthful work environment, smoking is prohibited throughout the workplace. This also applies to a -vapor cigarettes and chewing tobacco. This policy applies equally to all employees, customers, and visitors. Tenant Initial Limitations on Use: Access to Building BVU is equipped with auto -locking feature on all external doors. j Building will lock at 9:OOPM Monday thru Thursday, 4:OOPM Friday, 2:OOPM Saturday. All tenants must vacate the premises no later than the aforementioned closing times. Tenant Initial Limitations on Use: Parking lot Parking marked as "Visitor Parking' is for the sole use by Broadview University visitors, and not tenant visitors. Parking is monitored by Broadview University, and violators will be towed at the owner's expense. Loading and unloading should be done through doors located on the west side of building. No loading will be permitted through main entrance. Tenant Initial BROADVIEW UNIVERSITY IN WITNESS WHEREOF, Landlord and Tenant have caused this Use Agreement to be executed as of .2015. Landlord: BroadviewUniversity 2750 E.Gala Court -Meridian, ID 83642 Office: 208-577-2900 Email: mmcallister@broadviewuniversity.edu Landlord Agent: Michael McAllister 8yil Agent Signature %% Efate Printed�e Tenant Name(Organization): City of Meridian, Parks and Recreation Address: 33 E Broadway Ave, Meridian, Idaho 83642 Phone Number: 208.888.3579 Email Address: rmyers@meridiancity.org Tenant Agent: Mayor Tammy de Weerd -1/-7 Tenant Signature bate Printed Name Limitations on Use: Campus Facilities Tenant will be permitted to use classroom space and technologies as agreed upon by Tenant and Landlord. Use of additignal campus facilities including but not limited to library resources, computer labs, program equipment and supplies, copy machines, office supplies etc. is prohibited. Tenant Initial Refusal Of Use BVU and its agents reserve the right to refuse service or use of its facilities. BVU reserves the right to evict any tenant and/or its guests for unreasonable or disrespectful behavior. BVU reserves the right to evict any tenant and or its guests for violating any terms of the rental use agreement. OA / Tenant Initial IN WITNESS WHEREOF, Landlord and Tenant have caused this Use Agreement to be executed as of .2015. Landlord: BroadviewUniversity 2750 E.Gala Court -Meridian, ID 83642 Office: 208-577-2900 Email: mmcallister@broadviewuniversity.edu Landlord Agent: Michael McAllister 8yil Agent Signature %% Efate Printed�e Tenant Name(Organization): City of Meridian, Parks and Recreation Address: 33 E Broadway Ave, Meridian, Idaho 83642 Phone Number: 208.888.3579 Email Address: rmyers@meridiancity.org Tenant Agent: Mayor Tammy de Weerd -1/-7 Tenant Signature bate Printed Name CERTIFICATE OF INSURANCE Agent for Public Entity: James Fullinwider All American Insurance Inc. PO Box 650 Meridian ID 83680- ._ Insuring Pool Participant: City of Meridian 33 East Broadway, Ste. 308 Meridian ID 83642 - Issue Date: Wednesday, July 01, 2015 3:36:37 PM This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy below. This certificate of insurance does not constitute a contrail ibetween the issuing insurer, agent and the certificate holder. i PROGRAM AFFORDING COVERAGE: Idaho Counties Risk Management Program, Underwriters j This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Policy Effective Expiration Property Deductible Section Type of Insurance Number Date Date (except flood/quake): $2,500 Number -Coverage Form 34AO2114100114 7/1/2015 09/30/2015 tlmlr� V PROPERTY INSURANCE 1. Buildings, Structures and Property 2. Automobile/Mobile Equipment Physical Damage Amount Reported in Schedule of Values 3. Operational Disruption Expense and with limits, conditions and exclusions 4. Valuable Papers and Records For Claims For All Other Brought Pursuant Covered to Title ,Ch.9, Liability Claims VI COMPREHENSIVE 1. General Liability Each Occurrence Idaho Code $500,000 $3,000,000 GENERAL LIABILITY 2. Law Enforcement Liability Each Occurrence $500,000 $3,000,000 3. Sexual Molestation (CLAIMS MADE) Each Claim $500,000 $3,000,000 VII AUTOMOBILE LIABILTY 1. Automobile Liability Each Accident $500,000 $3,000,000 Each Person Each Accident $5,000 $5,000 2. Automobile Medical Payments $100,000 $100,000 Each Person $100,000 $100,000 3. Uninsured/Underinsured Motorist Each Accident $300,000 $300,000 VIII ERRORS AND OMISSIONS 1. Errors/Omissions Liability Each Claim $500,000 $3,000,000 -CLAIMS MADE 2. Employee Benefit Liability Each Claim $500,000 $3,000,000 3. Employment Practices Liability Each Claim $500,000 $3,000,000 IX CRIME INSURANCE 1. Employee Dishonesty ccurrence $500,000 pxuuDrs PD9uCOFWQAL5 SDREW-111 utv) 2. Loss Inside Premises 3. Loss Outside Premises X BOILER AND MACHINERY 1.Damaged Property ccurrence Varies Per Item 2. Expediting Expenses ccurrence $2,500,000 3. Buisness Income and Extra Expense ccurrence AOccurrence $1,000,000 4. Spoilage Damage ccurrence $1,000,000 S. Utility Interruption ccurrence $1,000,000 6. Newly Acquired Premises currence $5,000,000 7. Ordinance or Law currence $5,000,000 8. Errors and Omissions currence $10,000,000 Aggregate $100,000,000 Description of Operations/Locations/Vehicles/Restrictions/Special Items: Meeting at Broadview University 07/09/15 Evidence of Insurance Cancellation Certificate Holder: Should any of the above described policies be cancelled before the expiration date thereof, notice Broadview University will be delivered in accordance with the policy provisions. 2750 East Gala Court Meridian ID 83642 Authorized Representative 7� ? y '` -'lG(.{''VVI,0"y)/ ICRMP 14115 ,SYt.eNy Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: SWAC Solid Waste Advisory Commission: SWAC Project Application for Meridian Community Recycling Funds for a Park Bench in the Storey Dog Park 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 �E ID1Z IANC --- IDAHO City of Meridian Community Recycling Fund Application -SUBMISSION AS A SWAC PROJECT FUND - This application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety, Please use additional sheets of paper if necessary. Please note: Applications will only be considered if they comply with all of the Community Recycling Fund Program Requirements. Applicants may download a copy of the requirements from the City of Meridian's website or obtain a copy from the City ClerWs Office, the Utility Billing Department, or the Environmental Division of the City's Public Worsts Department. Name (individual, organization, company) Meridian Solid. Waste Advisory Commission (SWAC) City Co -Contact Names and Title: SWAC contact: Steve Col. Staff contacts: Mollie state w lip uoue Describe the community recycling project you would like to have supported, Provide as much detail as possible including any drawings, designs, and other information that help to fully explain the project. Describe how this project will benefit the community. Describe the recycled materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. Bench is made from recycled plastic The recycled slats are manufactured from a minimum of 96% (by weight) commingled, post -consumer and/or Post-industrial recycled plastic. Total funds requested 1 010.00 Total estimated cost of project $1010.00 Please note: Because this submitted as a SWAC project, and value is less than $5,000,00, there is no requirement for a cash and/or inkind match, Describe how the community recycling funds will be used, the schedule for the project, and how the matching contribution will be determined if applicable. Purchase one (1) bench made from recycled_ material and sit_nase (see Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used, Please note: Applicants must comply with City sign permitting requirements, _(SEE ATTACHMENT Bl Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. Please note: .4 pplica at$ must co mply with City sign permitting requirements. _(SEE ATTACHMENT 61 Signature of Contact Person �'`G°% Dote (We must have a signature to process our request) et. Return to: City or Meridian, Environmental Division of the Pu bile Works Department, 33 E. Broadway, Meridian ID 83642 2 r� �l�'F�ti4 rf E5� ATTACHMENT B. PROPOSED SIGNAGE Signage would be designed to look like the Parks and Recreation Pathway signs and could include the following language, albeit edited. FUNDING FOR THIS BENCH AT STOREY DOG PARK WAS PROVIDED BY THE MERIDIAN COMMUNITY RECYCLING FUND. Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items moved from consent 0 i 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 Ci t y C o u n c i l M e e t i n g Ju l y 7 , 2 0 1 5 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 8 A : C a v e n R i d g e S u b d i v i s i o n N o . 1 Ca v e n R i d g e S u b d i v i s i o n N o . 1 It e m # 8 B : D u n w o o d y S u b d i v i s i o n , L o t 5 – Z o n i n g & A e r i al M a p Pr o p o s e d D e v e l o p m e n t P l a n It e m # 8 C , D , E : S t o n e s t h r o w S u b d i v i s i o n – Z o n i n g / A e r i al M a p St o n e s t h r o w S u b d i v i s i o n Pr e l i m i n a r y P l a t & P h a s i n g P l a n RE V I S E D S i t e P l a n Si t e P l a n S h o w i n g C o v e r e d P a r k i n g S p a c e s La n d s c a p e P l a n Bu i l d i n g E l e v a t i o n s Pi n w h e e l D e s i g n (I n t e r n a l l o t s – L o t s 1 7 - 2 0 & 3 0 - 3 3 a n d L o t 5 , B l o c k 2 ) Mo d i f i e d P i n w h e e l D e s i g n ( n o r e a r e n t r y ) (l o t s a l o n g s o u t h a n d w e s t b o u n d a r i e s ) Mo d e r n D e s i g n ( a l l o t h e r l o t s ) Cl u b h o u s e El e v a t i o n s St o n e s t h r o w S u b d i v i s i o n - S i t e P l a n It e m # 8 F : E r i c k s o n V a c a t i o n Vi c i n i t y M a p Er i c k s o n V a c a t i o n : P o r t i o n o f Ea s e m e n t t o B e V a c a t e d Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-022 ITEM TITLE: Caven Ridge Subdivision . Continued from June 23, 2015: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty -Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-006 ITEM TITLE: Dunwoody Public Hearing: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 114 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 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: July 7, 2015 ITEM NUMBER: $C PROJECT NUMBER: AZ 15-005 ITEM TITLE: Stonesthrow Subdivision Public Hearing: AZ 15-005 Stonesfhrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Annexation and Zoning of 10.26 Acres of Land with an R-40 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: July 7, 2015 ITEM NUMBER: $D PROJECT NUMBER: PP 15-006 ITEM TITLE: Stonesthrow Subdivision Public Hearing: PP 15-006 Stonesthrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Preliminary Plat Approval Consisting of Thirty -Five (35) Building Lots and Six (6) Common Lots on 9.22 Acres of Land in the R-40 Zoning District MEETING NOTES ME= 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: CUP 15-009 ITEM TITLE: Stonesthrow Subdivision Public Hearing: CUP 15-009 Stonesthrow Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue Request: Conditional Use Permit Approval for a Multi -Family Development in the R-40 Zoning District Consisting of 140 Dwelling Units 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: VAC 15-007 ITEM TITLE: Erickson Vacation Public Hearing: VAC 15-007 Erickson Vacation by Leroy Erickson Located 3056 N. Sunny Side Place Request: Vacate a Portion (4'X 24' area) of the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary Lot 10, Block 3 Platted with Staten Park Subdivision MEETING NOTES APPROVED 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 6� DATE: July 7, 2015 ITEM NUMBER: $H PROJECT NUMBER: T4'' ' ITEM TITLE: Avebury Subdivision a:?-- l S' a tl I Public Hearing: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 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: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution Rvan Hall Mayor's Office: Resolution No. S ' O'1 : A Resolution Appointing Ryan Hall to Seat 2 of the Meridian Transportation Commission. MEETING NOTES I P R , :. FD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 15 e 10 BY THE CITY COUNCIL: BIRD, BORTON, CAVE NER, MILAM, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING RYAN HALL TO SEAT 2 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 3 established the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Seat 2 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Ryan Hall to Seat 2 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective July 7, 2015, Ryan Hall shall be appointed to Seat 2 of the Meridian Transportation Commission, which term shall run through May 31, 2017, pursuant to Meridian City Code Section 2-3-3. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this I day of July, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of July, 2015. APPROVED: ATTEST: ; P �Yvueiltn,iur�� �_��V rCryot ETV By:llt�OpHP eee Hol an, ity Cleric a SEAL ��Le �8EA5VP6 RESOLUTION APPOINTING HALL TO TRANSPORTATION COMMISSION PAGE 1 OF 1 IIAN Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: ❑ Parks & Recreation Commission ❑ Planning & Zoning Commission ❑ Meridian Arts Commission ❑ Historical Preservation Commission j9 Transportation Commission ❑ Impact Fee Committee ❑ Solid Waste Advisory Commission ❑ General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: kvavt & C Home Address: _� 7,sd— .S. ia 93&Y2 Telephone: 2 o` -55`i-505.1 E -Mail Address: It, )/I- > ayc 1,r1jC nu,Cr Occupation: J;7 u5,nesJ �.> ke, Are you a resident of the City of Meridian? 0 Yes ❑ No If not, do you live in Meridian's area of impact? ❑ Yes ❑ No Why do you want to become involved? 1a1u1_51e 04 60e,101,.1 level os io wt,,..f is 17„yglec,;w; ;,, %"tie dv�,,,tz -F l.:z tA . 117 }t'e,�f�G� /'Jto/csSrE�+Riiy Gn lc..v (�+o»r,r5 �w VUc.f Ou/ COyn.akn, '�y Unci' lhi�, C�icw�s Do you participate in any local service clubs or other organizations? ❑ Yes 0 No If so, please Iist: What areas of city government are of most interest to you? 711ti11p0.t11 .1 cL 01ks Have you participated in any level of volunteer government service in the past? ❑ Yes P No If so, please list: Do you understand the time commitment required to attend meetings and review/research data to make recommendations? Yes ❑ No Signature y� `n/ "� Date (s7' 2 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 June 5, 2015 Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor de Weerd: RE: Transportation Commission Opportunity I would like to express interest in joining the Meridian Transportation Commission. The opening was brought to my attention by one of its current members, Tracy Hopkins. I am a current resident of Meridian and have resided here since 1996 have a vested interest in the success and growth of our community. As a relationship manger with Wells Fargo and a 20 year veteran of the financial services industry, I bring a breadth and depth of experience to the commission. My communication skills and consensus building skills that I use in my role as a relationship manager professional would translate well into a successful commission member. My connection to my clients also provides perspective about what is important to stakeholders of the City of Meridian for future growth. I Zook forward to the opportunity to serve the City of Meridian and appreciate your consideration. If you have further questions about my resume or experience please contact me at 208-393-2204. Sincerely, Ryan K. Hall Ryan K. Hall 2752 S. Burgdorf Way Meridian, ID 83642 (208) 484-8032 EDUCATION Boise State University, August 1993 to August 1995 Boise, Idaho Bachelor of Business Administration received August 1995, General Business Management Lewis -Clark State College, August 1991 to May 1993 Lewiston, Idaho EXPERIENCE Wells Fargo, Senior Business Relationship Manager and Vice President, September I" 2006 to present. Boise, ID. Responsible for soliciting and/or developing and maintaining profitable account relationships with business customers with gross sales of generally less than $20MM. Responsible for the overall success and growth for assigned sales territory. Acts as the relationship manager to existing customers, provide continuing financial advice as appropriate, determine customer's commercial loan and deposit needs and deepen existing customer relationships, act as the customer's advocate in securing suitable credit and cross sell products and services. Structure and complete secured and unsecured business and individual loans for submission to Senior credit officers of the bank for approval. Focus primarily in real estate loans (investor and owner -occupied as well as purchase and construction), SBA 7a and 504 loans, working capital lines of credit, equipment loans and agriculture. Also identify other banking services and refer to respective specialists. Examples include: deposit accounts, merchant services, treasury management, letters of credit, trust services, retirement products, brokerage, wealth management, and insurance. Wells Fargo, Commercial Credit Analyst and Assistant Vice President, August 2005 to August 30`h, 2006. Boise, ID. Support Business Relationship Managers in the Business Banking unit by analyzing and underwriting commercial loans and lines for submission to senior credit officers of the bank. Business customers typically have less than twenty million in revenues. The type of credits vary widely and include working capital lines, real estate (owner -occupied and investor), equipment and other types of commercial credit requested by the customer. Also support the bankers in identifying and referring other banking services to appropriate team members. Wells Fargo, Business Lending Underwriter and Assistant Vice President, October, 2001 to August 2005. Boise, ID. Spread, Analyze and make credit decision on commercial loan packages submitted by Business Bankers to the Business Banking Resource Center. Loans underwritten included but were not limited to: Investor and owner -occupied commercial real estate, equipment loans, working capital Iines of credit, agriculture loans and operating lines, SBA 504 and SBA Express loans and lines. Provided leadership and training to less experienced underwriters as necessary. First Security Bank/Wells Fargo, Retail Credit Officer, January 20, 1997 to October, 2001. Boise, ID Analyze credit applications submitted by automobile dealers and render a decision as to whether the applicant qualifies for an auto loan based on established credit guidelines. Call on dealer customers to promote our lending program and develop and/or maintain existing client relationships. REFERENCES Available upon request 2 Meridian City Council Meeting DATE: July 7. 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution Appointing Mayor's Office: Resolution No. (u�5 A Resolution Appointing ???? to Seat 7 of the Meridian Transportation Commission. MEETING NOTES 146 :.kIN a. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. IS- I b� BY THE CITY COUNCIL: BIRD, BORTON, CAVE'NER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING BRYAN LEISLE TO SEAT 7 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 3 established the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Seat 7 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Bryan Leisle to Seat 7 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective July 7, 2015, Bryan Leisle shall be appointed to Seat 7 of the Meridian Transportation Commission, which term shall run through May 31, 2018, pursuant to Meridian City Code Section 2-3-3. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of July, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this d of July, 2015. APPROVED: PAIAATTEST: s City "t �a By: Jaycee H an, City Cler } , LIIA-IL--- def viA E AO� RESOLUTION APPOINTING LEISLE TO TRANSPORTATION COMMISSION PAGE I OF 1 Bryan L. Lelsle 4647 N Tipton Avenue Meridian, ID 83646 (208)971-5280 blleisle@Qmail.com 6/26/2015 Mayor Tammy de Weerd Meridian City Hall 33 E Broadway Avenue Meridian, ID 83642 Dear Ms. de Weerd, I read Ken Corder's solicitation for a Transportation Commission member today and feel I would be a great fit. My family uses all modes of transportation — motor vehicles, bicycles, and on foot. I'm an avid cyclist and participate in many casual and competitive local events. I'm a senior consultant at Aetna, where I've worked for 16 years. My resume is attached. I'm the president of my homeowners' association and have successfully guided my community through a difficult period. Under my guidance, our community has transitioned from one of angst and inauspiciousness to having transparency, two-way dialogue, community -driven resolutions, and greater community involvement. Meridian's rapid growth necessitates shrewd stewardship within the Transportation Committee. Today's successful cities are embracing multiple forms of transportation as a holistic approach to a thriving community. As I'm sure you're aware, motor vehicle congestion in Meridian is a real issue that has the capacity to stymie growth and prosperity. Meridian also lacks the robust cycling infrastructure that exceptional cities provide. I'd like to see Meridian be a leader and set the bar for other communities in regards to multi -modal transportation. I would appreciate the opportunity to speak with you regarding this volunteer position. Thank you very much for considering my request. I look forward to talking to you. Sincerely, 4j Bryan Leisle CVE �DTAN`- Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission O Meridian Arts Commission O Historical Preservation Commission 10 Transportation Commission O Impact Fee Committee El Solid Waste Advisory Commission O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: _Bryan Loisle Home Address: 4647 N Tipton Avenue Meridian ID 83646 Telephone: (208) 971-5280 E -Mail Address: bJJeisle(ct),gmaiJ.com Occupation: Sr. Consultant with Aetna Inc, Are you a resident of the City of Meridian? ® Yes Q No If not, do you live in Meridian's area of impact? 0 Yes O No Why do you want to become involved? Properly designed and implemented transportation plans are essential to a thriving community. Meridian is undergoing rapid growth that necessitates a focus on this. My family commutes daily via motor vehicles, bicycles, and on foot. Motorized and non -motorized transportation needs are not currently being met in many areas of Meridian. (I'm also a cycling enthusiast that participates in both casual and racing events) Do you participate in any local service clubs or other organizations? 19 Yes O No If so, please list: I'm president of my Homeowners Association . What areas of city government are of most interest to you? All areas. City governments provide crucial guidance to the community they serve. Have you participated in any level of volunteer government service in the past? O Yes 0 No If so, please list: Do you understand the time commitment required to attend meetings and review/research data to make recommendatioz15 W Yes d No til1�% Signature <. Date el P ase return your completed application, resume, and letter of interest to; City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (203) 888-4218 Bryan L. Leisle 4647 N Tipton Avenue Meridian, ID 83646 (208) 971-5280 blleisiePgmail.com Work Experience Aetna, January 1999 - Current + Senior Consultant - West Region Medical Economics Unit o Team lead, project management, application development, data mining/analytics, reporting Sebring West Automotive, 1996 —1999 • Retail Salesman o Successfully operated in a dynamic environment with constantly changing priorities o Provided specialty knowledge base for German vehicles Kragen Automotive, 1994 —1996 • Assistant Store Manager o Successfully operated in a dynamic environment with constantly changing priorities o Open and close store, cash handling and daily accounting, employee scheduling and training, customer issues Achievements/Awards • 2006 — Department merit award • 2007 — West Region President's award • 2007— National Silver award nominee Skills • Project management, communication, analytics • VB6, VB .NET, MS Office Suite Education Fresno City College, 1992-1994 Bullard High School, 1988-1992 Meridian City Council Meeting DATE: July 7, 2015 ITEM TITLE: Budget Amendment ITEM NUMBER: PROJECT NUMBER: Mayor's Office: Budget Amendment for the Youth Farmers Market in the Not -to - Exceed Amount of $13,000.00 MEETING NOTES APPROVED P Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3 7OOC i 5 O O O O O O O O O O O O O Y Y Y Y 1+ Y Y Y Y Y F+ Y Y to U In (n In In (n w Ln to w U W Y Y F+ Y Y F+ Y Y F+ Y Y F+ Y NN O O N O N O N O N O N O N O N O N O N O N O N O ro m � A to Ur \ R 3 A N . 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C s x - I = 9 H � N m Y o W O O N O O O GI 0 w u, u, ow v 0 0 0 O 0 o m m a N � 0 z z� m 3 13 1. 13 z I 0 Y 0 4+ 0 Y 0 Y 0 Y 0 Y 0 Y 0 Y VI U w VI Ui w U1 11f Y Y O Y O Y Y Y F+ Y O < J O O O O O Z o Q tf O O O O W N N N N N N N O Y O O 0 0 0 0 Yk R xx o 0 ro m � A v B v \ R 3 D � � m f0 va m O N w 0 0 m m tt zr v v o 4 r;3 3 v R m o N ro v v z zz z s N m z 3 3 3 3 < J -n O � m Z o Q tf �• n � o v d M o m 7x Yk R xx o 0 ro m � v B v 3 7 KK 0 t r -F o N v � 3 m (D < J -n O Z o RI d M \lj §IN ■ Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: L Z�aII � iI�J �i1: ITEM TITLE: Fire Department Fire Department: Budget Amendment for Multi -Agency Master Plan for the Not -to - Exceed Amount of $20,000.00 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 x L h T 6 2 C N N w O D m •� N � v C w m � � O v O v L O o N L ~ W F- Qv N `i m in q � v U' d T O O W U n LL W y b m O E #! 8 #c ix y > m u `o in y n m �n 0 ry Q F \N a L E vl o E n vT i o 0 0 0 0 0 0 0 > w 0 U) C N C m C m U N LL N O N a I m 10zz E E � � ci v a N a N v N v 0 ci 0 ri 0 N 0 N 0 ri 0 rl v v o N N N N � y N N N N N N N N N e-Iri m T 6 2 C N N w O D m m N � C w m � v O v LL N L ~ W F- d m d, 0 9i N j W F- d u - m O � U' 6 O O U n 0 O E E > m `o in y n m �n 0 ry Q F \N 0 n vT i o 0 0 0 0 0 0 0 o w 0 a ti N M m O N OO N N M N O N O N O N O ' N a .i a ri v ci v ry v N a N v N v 0 ci 0 ri 0 N 0 N 0 ri 0 rl 0 'i 0 ci N N N N N N N N N N N N N N N N e-Iri N N ci O O O O O 1---- O s c ------------- m d, y 9i N F- E O N U' 6 O U n 0 O 0 0 0 ry F \N 0 n vT vV U m E ; � i c � i I F 1 0 0 0 0 0 0 0 0 0 0 0 0 0 / f r ` 0 0 0 0 0 0 0 0 0 0 0 0 0 N '-I aY N ci ri N ri N N ri ei N N N N N N N N N N N N N N N `i 008000000 O O O O A Ll[ M a V A d, y 9i N O E O V U' 6 O U n 0 0 0 0 ry F \N n vT vV U m A Ll[ M a V A A i 1O, LL C: C Q a) 0) m LO O i LL C a) O +h v m o o ! ! 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O >• Ci j w w v t m U w 'v^ d c H y �',� c„ J .n o Q nc aZ'.o � TE G ws @ o mta 3 w r `m @ YO � 7 � U1 O V"1 iJ+ 'O Ul @ t U OJ � >• IA J o '3 o a u I o NM, m e « a j Y v :n o co t y> v E v v 0 _ o v v> o F. w L N ry d y L H ° m s° o J u O Y > p V a G F 00 O env -O gi w O E w > m O p p bq -' c o _oy _ u o sE c E ON O C O c Y' t' O w E N w L c � v w� 0 O a O Cn� v m .� V 3 b m C a� o j a., v c 3 a o Q i OR J J .' v oo o m a v Y tl > v F w 'o. o. v ,cJ `w m w O w c o• a v .y o o c `i c °� s E' .n N a J u o a',, @ 5 0 O W o o v C ci o a E o E w m @ @ > v �- u O E E o w v N EO a E nt L n @ <I E N t@ @ V O. I- E@@ O 3 w w w n � x_o..i � a N 1iW v � I- a r> v ... u ?® v ® @ � O C O a v i � O Q O N OJ j U U a in o �� � 'r90iy�F',�„� yR'}•y � i ' g n � tN ° , 4 C'7 s- i m ` W 4E3 0 i. R� v= 0 49 c v j a c 1 a O a O y em j « 0 c > = u a a a ` w a •3 0 n0 @ a c m c v C ° 3 0 3 O N 0 O N VO a N v JO U m Y m C w a V Oan CC U W E a c aEF d Nc ff w N a m w W �«a GQY 3 c 01 i p c o ij v u c b C O s E y L N bq. u. a._ 3 t a 3 0 3 E• w o w Fi c cayij b C .,. E � u E c v 3 w v o y ^J E w E ., EL. E ,5 y -0 v . c E o '511 v a � a u w w w w m V IJ @ If If C O June 19, 2015 Emergency Services Consulting International City of Meridian Meridian Rural Fire Protection District Star Fire Protection District Kuna Rural Fire District RE: West Regional Emergency Services Master Plan Emergency Services Consulting International (ESCI) is pleased to submit the following proposal to conduct the West Regional Emergency Services Master Plan for the City of Meridian, Meridian Rural Fire Protection District, Star Fire Protection District, and Kuna Rural Fire District. We recognize the importance of this project and appreciate your consideration of our proposal. ESCI has completed numerous fire department and emergency service studies utilizing our highly qualified staff. ESCI has a working knowledge and understanding of contemporary fire service and EMS organizations and the complexity of current delivery systems, as well as our ability to utilize advanced analytical technology and methodology to ensure accurate observations and recommendations. We have developed a scope of work that addresses the outlined aspects of the Request for Proposal. The phases defined in our scope will analyze the fire departments throughout the organization and utilize service delivery models to help generate recommendations and strategies in order to increase efficiency while remaining cost effective. Please let us know if you have any further questions about the scope of work contained herein. Lane Wintermute can be reached at 208.661.4865 and I can be reached at 503.570.7778. Sincerely, Corporate Office lll� "� 25030 SW Parkway Avenue CynAb K. March Suite 330 Wilsonville, OR 97070 Chief Operations Officer 503570.7778 Southern Region 1591 Terrace Drive Lantana, TX 76226 940.453.1366 National Capital Region 4025 Fair Ridge Drive Fairfax, VA 22033 703.273,9363 Honesty I Integrity I Service St t (3a' i'1!tit {dc llk� `L KWL,L hill jii{ I ):f'1' ='''WO' (: tVTe,0Qt FW[f Phase l: Project Initiation Task 1-A: Project Initiation and Development of Work Plan ESCI will develop a project work plan based on the scope of work and converse with the community's project team to gain a comprehensive understanding of the organization's background, goals, and expectations for the project. This work plan will be developed identifying: • Primary tasks to be performed • Person(s) responsible for each task • Time table for each task to be completed • Method of evaluating results • Resources to be utilized • Possible obstacles or problem areas associated with the accomplishment of each task This meeting will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Task 1-6: Acquisition and Review of Background Information ESCI will request pertinent information and data from the collective organization's assigned (PM) Project Manager. The project manager will develop a Project Management Team, made up of representatives from all agencies participating in the plan development. The project team will work collaboratively to collect all data and information to be used by ESCI. This data will be used extensively in the analysis and development of the master plan report. The documents and information relevant to this project will include, but not be limited to, the following: • Past or current fire department studies or research • Community Comprehensive Plan documents, including current and future land use information • Local census and demographics data • Zoning maps and zoning code • Financial data, including debt information, long-range financial plans and projections • Department administrative policies and procedures • Standard Operating Guidelines (SOGs) and service delivery practices • Current service delivery objectives and targets • Facilities and apparatus inventories • Local collective bargaining agreement(s), if applicable • Automatic and mutual aid agreements • Records management data, including National Fire Incident Reporting System (NFIRS) incident data • Computer -Aided Dispatch (CAD) incident records • Local Geographic Information Systems (GIS) data, where available ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho 7, Task :t -C: initial Information Collection and Stakeholder Input The ESCI project team will conduct interviews with and gather information from key personnel including: • Elected or appointed officials • Fire department managers and other key staff • Finance function manager • Community planning staff • Human resource function coordinator • External Fire and EMS agencies within the region • Medical facilities, medical director for regional or community EMS, if necessary • Employee and volunteer groups • Others as they may contribute to this project The project team will interview key stakeholders of any organization associated with this study. At a minimum, members of the project team will interview appropriate community officials, fire department officials, volunteer association leaders, labor organization representatives and others that the project team deems necessary. From these interviews, ESCI will obtain additional perspective on operational, economic, and policy issues facing the agencies involved in this plan development. In addition, the project team will learn more about availability of data necessary to meet projected goals. Task :t-®: Citizen's Advisory Task Force Meeting In addition to the interviews listed above, the project team will conduct a public input meeting during one evening of the initial field work, which will include: • Each Fire Chief from the four (4) jurisdictions involved in this plan development shall select 5 members of their respective jurisdictions. Participants will then be included in subsequent Citizen's Advisory meetings identified within the scope of this plan. • Presentation by the Project Manager providing an overview of the fire departments and services provided, with additional input from the Project Management Team as needed • Gathering of input from members of a Citizen's Advisory Task Force group, to include: Organizational Strengths, Weaknesses, Opportunities and Challenges (SWOC). • Other citizen input and concerns • Identification of response performance and service level expectations Phase ll: Evaluation of Current Conditions The initial phases of the study focus on a baseline assessment of the current conditions and current service performance. ESCI will conduct an organizational analysis of the department based on the elements included in the following tasks. The purpose of this evaluation is to assess the agencies collective operations in comparison to industry standards and best practices, as well as to create a benchmark against which the options for future service delivery can be measured. ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Task 2-A: Organization Overview An overview of the organizations and communities will be developed discussing: • Service area population and demographics • Description of the current service delivery infrastructure • Governance and lines of authority • Foundational policy documents • Operating budget, funding, fees, taxation, and financial resources Task 2-13: Management Components The organizations basic management processes will be reviewed, including: • Mission, vision, strategic planning, goals, and objectives • Internal and external communications processes • Reporting and recordkeeping Task 2-C: Capital Assets and Capital Improvement programs ESCI will review status of current major capital assets (facilities and apparatus) and analyze needs relative to the existing condition of capital assets and their viability for continued use in future service delivery, including: Facilities —Tour and make observations in areas related to station efficiency and functionality. Items to be contained in the report include: • Design • Code compliance • Construction • Staff facilities • Safety 9 Efficiency • Environmental issues o Future viability Apparatus/Vehicles— Review and make recommendations regarding inventory of apparatus and equipment. Items to be reviewed include: • Age, condition, and serviceability • Regulations compliance • Distribution and deployment • Future needs • Maintenance Task 2-D: Staffing and personnel Management ESCI will review each department's staffing levels. Areas to be considered include: • Review and evaluate administration and support staffing levels • Review and evaluate operational staffing levels • Review staff allocation to various functions and divisions • Review staff scheduling methodology • Analyze current standard of coverage and staffing performance for incidents • Review utilization of career and volunteer companies (if applicable and in accordance with methodologies recommended in NFPA 1710 and 1720) • Review constant manning overtime relative to workforce • Compare current staffing levels to like organizations, and recommend needs if identified ESCI Proposal: West Regional Emergency Services Master Plan 4 Meridian, Idaho Personnel management systems will also be reviewed, focusing on: • Human resources policies and handbooks • Quality and status of job descriptions • Personnel reports and recordkeeping • Application and recruitment processes • Testing, measuring, and promotion processes • Health and wellness programs Task 2-E: Service Delivery and Performance ESCI will review and make observations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: • Service Demand Study- - Analysis and geographic display of current service demand by incident type and temporal variation • Resource Distribution Study- - Overview of the current facility and apparatus deployment strategy, analyzed through Geographical Information Systems software, with identification of service gaps and redundancies • Resource Concentration Study- - Analysis of response time to achieve full effective response force — Analysis of company and staff distribution as related to effective response force assembly • Response Reliability Study- - Analysis of current workload, including unit hour utilization of individual companies (to the extent data is complete) — Review of actual or estimated failure rates of individual companies (to the extent data is complete) — Analysis of call concurrency and impact on effective response force assembly Response Performance Summary- - Analysis of actual system reflex time performance, analyzed by individual companies (to the extent data is available) Task 2-P: Support Programs ESCI will review and offer summary observations involving support programs for the critical areas of training and life safety services. Items to be reviewed include: Training • General training competencies • Training administration • Training procedures, manuals, and protocols • Training record keeping ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Life Safety Services (Fire Prevention) • Code enforcement activities • New construction inspection and involvement • General inspection program • Fire and life -safety public education programs Phase III: Future System Demand Projections The project moves forward with an assessment of the future community conditions, service demand, and fire protection risks that the organization can be expected to serve. ESCI will conduct an analysis of community growth projections and interpret their impact on emergency service planning and delivery. Task 3-A: Population Growth Projections An interpretation of available census and community development data will be provided indicating: • Population history • Census -based population growth projections • Community planning -based population growth projections Task 3-B: Service Demand Projections Population growth projections, along with historical and forecast incident rates, will be utilized to develop projections for future service demand. • Population and population density Task 3-C: Citizen's Advisory Task Force Meeting At the conclusion of Phases II and III, ESCI staff will facilitate a joint Elected Official/Citizen's Advisory Task Force meeting intended to provide information and gather input from the task force. In order to assess overall sentiment toward potential future system changes, discussions will center on the following issues: • Presentation of current response performance as identified in the Service Delivery Analysis (Task 2-E) relative to response performance and service delivery expectations identified in the first meeting • General input Phase IV: Future Delivery System Models The project concludes with strategies intended to place the organizations in a position to successfully serve its future demand and risk. ESCI will develop and analyze various operational models for providing emergency services with the specific intent of identifying those options that can deliver the desired levels of service identified in the previous task at the most efficient cost. Recommendations will be provided identifying the best long-range strategy for service delivery and the impact of initiating such a strategy. In addition, short and mid-term strategies will be recommended for service delivery improvement or increased efficiency. ESCI will also evaluate and recommend options for future sustainability, which may include: • District formation or expansion • Annexation • Merger/consolidation • Other identified feasible options ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Task 4-A: Development of Response Standards and Targets ESCI will provide informational guidance regarding the development of appropriate response performance goals for the fire department matching the nature and type of risks identified in the previous report sections. Example performance goals shall be provided with consideration to: • An established definition for the following: Urban Response, Suburban Response, Rural Response. • Incident -specific staffing levels to meet the critical tasking analysis for the identified risks • Apparatus assignments to accommodate the anticipated fire flows and other critical functions of the identified risks • Time standards that will provide for effective initiation of critical tasks and functions • ESCI will provide summary review of response time expectations as gained through the interviews for the jurisdictions to consider pertaining to urban, suburban, and rural response time Task 4-13: identified Long -Term Strategies ESCI will develop and recommend long-term options for resource deployment that will improve the collective department's level of service towards the identified performance objectives and targets. Long term strategies will primarily focus on the collective ability to provide adequate response, share in future capability, and potentially decrease overall cost. This may include, but is not necessarily limited to, specific recommendations regarding: • Potential for alternative governance models (Fire Authority, Collaborative, etc.) • Future Fire Station Master Plan design • Future consolidations/mergers • Fire District design • Other possibilities as they present ESCI will evaluate and present in graphical and descriptive format for each of the deployment option(s): • Degree of benefit to be gained through its implementation • Extent to which it achieves established performance targets • Potential negative consequences Task 4-C: Short and Mid -"term Strategies Recommendations for improving collaborative service delivery and system efficiency prior to any full implementation of the long-term strategy will be provided in areas such as: • Agency management and organization • Unification of apparatus design and purchase • Staffing and personnel deployment • Service delivery methods • Training programs • Prevention programs • Enhanced cooperative service agreements with other communities or agencies • System funding and cost recovery • Joint purchasing opportunities for frequently used equipment and supplies ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Task 4-I_D: Financial Efficiency Projections for Shorn and Mid -Terror Strategies ESCI will provide general projections of the potential cost efficiencies through the short and mid-term collaborative strategies identified in Task 4-C Task 4-E: Citizen's Advisory Task Force Meeting Upon completion of Tasks 4-A through 4-D, the project team will conduct a meeting with the Citizen's Advisory Task Force, which will include: • Project update by the Project Manager and project management team • Presentation by ESCI of the findings and recommendations developed in the Future Delivery System Models findings completed in Phase III and IV • Review of response performance and level of service expectations relative to those developed in the first meeting • Gain support for and approval of the plan Phase V. Development, Review, and Delivery of Project Report Task S-A: Development and Review of Draft Report ESCI will develop and produce an electronic draft version of the written report for review by the client and client representatives. Client feedback is a critical part of this project and adequate opportunity will be provided for review and discussion of the draft report prior to finalization. The report will include: • Detailed narrative analysis of each report component structured in easy -to -read sections and accompanied by explanatory support to encourage understanding by both staff and civilian readers • Clearly designated recommendations highlighted for easy reference and cataloged as necessary in a report appendix • Supportive charts, graphs, and diagrams, where appropriate • Supportive maps, utilizing GIS analysis as necessary Task S -R: Delivery and Presentation of final Report ESCI will complete any necessary revisions of the draft and produce five publication -quality bound, final versions of the written report along with an electronic version in PDE file format. A formal presentation of the project report will be made by ESCI project team member(s) to Elected Officials, with intent for adoption and will include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations • Supportive audio-visual presentation • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate • Opportunity for questions and answers, as needed • All presentation materials, files, graphics, and written material will be provided to the client at the conclusion of the presentation(s) ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Pricing Emergency Services Consulting International is pleased to present the following formal cost proposal for the project outlined in the scope of work. ESCI Not to Exceed: $60,000, inclusive of expenses Phase II: Evaluation of Current Conditions 108 $15,350 $15,350 Phase III: Future System Demand Projections 35 $4,813 $4,813 Phase IV: Future Delivery System Models 54 $7,975 $7,975 Phase V: Development, Review, and Delivery of Report 38 $4,926 $1,376 $6,302 Citizen Advisory Task Force Meeting 1 1-20 $1,950 $1,366 $3,316 Citizen Advisory Task Force Meeting 2 1-20 $2,100 $1,366 $3,466 Total Cost for Project, Not to Exceed$60,000 The following agencies may choose to participate in the West Regional Emergency Services Master Plan for an additional $10,000 per agency: • City of Caldwell Fire Department • Middleton Rural Fire District • Parma Rural Fire and Ambulance District Proposed Payment Schedule • 10% payment due upon contract signing. • Monthly invoicing thereafter as work progresses. Information relative to cost quotation • Bid quotation is valid for 90 days. • ESCI Federal Employer Identification Number -23-2826074. • ESCI will receive full cooperation from person(s) representing the City of Meridian. • While engaged in the project, ESCI will report to a single point of contact. • When requested, and in a timely manner, the client representative will provide to the ESCI project manager, data, information, and materials required for the completion of the objectives outlined in the detailed work plans submitted in this proposal. • ESCI shall perform any additional work on a time and materials basis as requested in writing by the client at a negotiated hourly rate. ESCI Proposal: West Regional Emergency Services Master Plan Meridian, Idaho Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fire Department/Public Education Fire Department Budget Amendment for Public Education/Prevention for the Not -to - Exceed Amount of $23,220.00 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 E O L6 W E C: E Q N ��q W LO T O LL � O A x c L G 0 0 v« y E U C Ot u D O '; 04 c� � � C C•rn� '^ y 3J°a v ac .. 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N a 0 o° c J C dpi Jov V v J v m O 'B M aEi y V O U N `o O c a > C J vU E m v m N •� OLL « al n C „ V a o `o m o m E v c 'C3 v a w a 3 O w a, a O c 0 > U O j-3 3 v F' 3 o 3 o �j C C c a y tJ a C u E y Q E Q 3 7 E w cE o v aaQ of a � c c E E E E v 3 Jo v LL1 March 25, 2015 Meridian Fire Department Meridian, Idaho Dear Pam On Congratulations, your grant request for the federal financial year (FFY) 2015 has been approved for funding. Your grant award is $ 10,500 in federal funding. On March 24, 2015, the Idaho Chapter of the American Academy of Pediatrics received your FY 2015 grant application (Letter of Intent) for a child passenger safety grant. Your project was reviewed by the Executive Committee of the Idaho Chapter of the American Academy of Pediatrics and was recommended for approval. Your request has been approved. We appreciate your request and congratulate you on your grant. The Idaho AAP and the Idaho Transportation Department recognizes the importance and dedication to child passenger safety in Idaho your organization has demonstrated and we look forward to working with you on this grant. If you have any questions during this grant cycle or wish to make any changes please contact me directly at iversonsnslhs ore or 208-381-3033. Our book keeper, Alex Bolen will be getting in touch with you regarding your monthly reports and financial reports and reimbursements. Again thanks for your dedication to reduce injury to children. Sincerely. Sherry Iverson Executive Director of the Idaho AAP Meridian City Council Meeting DATE: July 7. 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fire Department/Budget Amendment Bicycle Medic Fire Department: Budget Amendment for Bicycle Medic Program for the Not -to - Exceed Amount of $16,232.00 MEETING NOTES c- I IPP gk., Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E L ,Q 6L W E a) E Q 4-+ W M� W LO O U- C co O h� AN h J I� O m N V t0 c0 N (0 Oj m vl v m � d 3 3 F' { E E ^�y 9 v LL d 11 o O u 1 p p w _ a U v E E d Yl > i v U1 0 W Q v o m H v ro Q a E LL c° LL6 in W o o v v LL d N m E E ri N N N N c C 0 o z z a Ea v c Z ❑ ++ O tp O V N a c � v v ul a O N O 1'n E E N N N N N M O O O O 12 Y 1 J I� O m N V t0 c0 N (0 Oj m vl v m � 3 3 F' { E E o O 1 p p w _ a U v E E > i v v v o m H v C E Q O 0 0. 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E a o v v cM `� ^ m l s c aL" E v c E E� E c i O viv O a7 E bc kc lniao _ 'u N c v E I 3; v E o m I to giro v lot p m C� v- i U I L ow c v o c E c o c 1 O Y 4- y C O i v1 t' m 9 v � � d ' S � C N � 'ou 3 o .o i .n w Y v c u h¢ -o v w i o v I l�i Y y r c v m Qo m vN w CCt i O O ccW 0 z i11 re M c ° ¢ E a Q p p N rn c o �v _ a � U V iP} N j N p y M O O L � 0 u c > C (100 p c ° N O a � U V p y Q � L � 0 u c > C ¢ p m c v c p c E C O pO O E y yi C E a v E a e = a 'y P u =E 3 � a N V a `o bA m o E m E c E C c p E E 0 « S.7 v c w— w w rj E E, E 3 E« E w E o w y a n¢ m > E W Todd Lavoie From: Mark Niemeyer Sent: Monday, June 22, 2015 11:59 AM To: Todd Lavoie Cc: Tammy de Weerd; David Jones Subject: Addendum to the Bike Amendment Todd - Great point in clarifying the bike amendment and staffing. Here's something to use for the form, and then Chief Jones will expand during the presentation: "Staffing for this program will be done in the same manner that the Fire Department has historically staffed these events. Off duty crews are utilized. In the situation of a City sponsored or City related event (as an example Dairy Days) the Department incurs the personnel costs. In the situation of a large scale private event (beer fest, rib fest, etc) the sponsor incurs the cost. In the past we have had to borrow ATV's to allow our personnel to be mobile; these bikes give us better flexibility to respond during large scale events" Mark Niemeyer, Fire Chief Meridian Fire Department 208-888-1234 "Dedication, Loyalty, Tradition" CONFIDENTIALITY NOTICE; This email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy tins message. Firehouse Subs Public Safety Foundation, Inc. 3400 Kori Road Jacksonville, Florida 32257 MEMO OF UNDERSTANDING May 1, 2015 Funding Agreement Firehouse Subs Public Safety Foundation will award a check to the Meridian Fire Department for J16,867.34 to be used toward the direct purchase of bikes. bags uniforms automated external defibrillators and transport racks. Firehouse Subs Public Safety Foundation Responsibilities • Firehouse Subs Public Safety Foundation will issue a check in the exact amount of $16,867.34 as per requested in the grant application and approved by our board of directors to be used for the procurement of bikes, bags, uniforms, automated external defibrillators and transport racks Meridian Fire Department Responsibilities • Confirm check receipt from Firehouse Subs Public Safety Foundation by email • Provide Firehouse Subs Public Safety Foundation with copies of paid invoices verifying Meridian Fire Department payables to the vendor(s) as per the submitted quote(s) in the application • Provide Firehouse Subs Public Safety Foundation with all SIGNED packing slips confirming receipt of equipment • In the event that the funds allocated exceed the total of all purchases, all excess funds will be returned to Firehouse Subs Public Safety Foundation • If purchases exceed funding, Meridian Fire Department is responsible for the additional amount • VERY IMPORTANT: Deadline for submitted documentation is November 30, 2015 FFirch�ouUse St Public Safety Foundation Meridian Fire Depati•t `i Representative Meridian Fire Department Representative Name (Print) Date 1, 5 O15 - Date Date [M l The EMS Bike Team concept is a program designed to provide a rapid response to medical emergencies that occur during planned special events in the City of Meridian. More and more fire departments are becoming aware of the benefits of an extremely mobile team of first responders. Cost effectiveness and mobility allow mountain bikes to bridge the gap between foot patrol and fire engine, which can mean the difference between life and death in congested or crowded conditions. Meridian Fire r General Information The Fire Department currently provides additional staffing for planned special events. We either send firefighters out on foot or utilize a utility vehicle provided by Parks and Recreation. For City sponsored and Historic events, these costs are absorbed by the department's base budget. Some examples of these events are: o Independence Day Festival o Barn Sour Run o Dairy Days Parade o Winter Lights Festival • For promoted events, these costs are included in the TUP medical plan and paid by the event promoter. Some examples of these events are: 0 Northwest Ribfest o Barley Brothers Traveling Beer Show • Response to medical emergencies during these events is often delayed due to large crowds, restricted access, and difficulty locating the victims. Bike Team Benefits to the Community Bicycles can easily move through crowds — in highly congested areas, EMS personnel on bikes can move more quickly and safely than those in motorized utility vehicles or on foot, and can reach areas that are not accessible to fire engines or ambulances. Bicycles are more people and environmentally friendly —Bicycles are quiet and leave a smaller footprint on grassy areas and sidewalks as compared to ATV's or side by side utility vehicles. Bicycles do not produce carbon monoxide that could be harmful and irritating to citizens in close proximity. EMS Cyclists lead by example — Bike teams are an excellent tool to promote helmet use and bike safety to the community and its children when operating at special events. Benefits to the City and the Fire Department • Bicycles are great for public relations — Highly visible Firefighter EMT's and Paramedics on bicycles during special events demonstrates our City's dedication to the safety of our citizen and visitors. • Bicycles are great for communicating with citizens - A Firefighter on a bike is much more approachable than one in a fire engine or on a utility vehicle. • Bicycle use promotes good health — This program is a healthy option for our employees and promotes our culture of wellness and fitness. • Bicycles are enjoyable — even occasional bike duty improves morale. • Bicycles are cost-effective — the average cost per bike (not including medical supplies) is approximately $1200, as compared to the cost of a side by side utility vehicle. ($7,000 to $10,000) Plus, there are no additional fuel costs and much lower maintenance costs than motorized vehicles. • Supports Local Business — Bikes and gear will be purchased from Meridian Cycles; they will also provide annual maintenance and periodic repair services. Page 1 Meridian Fire Funding the Bike Team • Equipment — The Fire Department was awarded a grant for $16.867.34 by the Firehouse Subs Public Safety Foundation, Inc. to purchase bikes, AED's, uniforms, bags, and gear. • Staffing — The Fire Department will continue to staff planned special events in Meridian at our current levels. City sponsored and historic events will be covered out of the department's base budget and promoted events will be covered under the TUP medical plan process. No additional staffing costs will be incurred by this program. • Ongoing maintenance — We anticipate the maintenance costs for this program to be minimal. (less than $1,000 per year) These costs will be covered out of the department's base budget. Page 2 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal and Fire/Memo of Understanding . Legal and Fire Departments: Memorandum of Understanding and Agreement between the City of Meridian and the Meridian Rural Fire Protection District for FY 2015- 2016. 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 MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", dated September 22, 1998, (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement (the "Prior Memorandum"), dated December 5, 2006, a copy of which is attached hereto as Exhibit A, pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a) to end and terminate the Prior Memorandum; and (b) pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2015/2016 fiscal year; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from its purposes and agreements as set forth herein above. MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Page -I- NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement as follows. 1. The Prior Memorandum is hereby terminated, and is of no further force or effect as of the end of the 2014/2015 fiscal year, as the term "fiscal year" is defined by the Agreement. 2. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 2015/2016 fiscal year shall be EIGHTY FIVE PERCENT (85%) attributable to the City and FIFTEEN PERCENT (15%) attributable to the District; provided, however, the District's said FIFTEEN PERCENT (15%) shall not include payment contribution for, and the District shall have no payment contribution obligation to: (a) the acquisition or replacement of fire engines of the Capital Outlay Expense Budget, or (b) the costs or expenses for the automated external defibrillators ("AED") under the City's program.. 3. This Memorandum of Understanding and Agreement shall be effective for and as of the 2015/2016 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years. 4. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this Memorandum of Understanding and Agreement. DATED AND SIGNED this Vday of�, 2015. m City of Meridian 4Q J�ipTen a �rUST �>WCityut By. — E IDIAN� IDAHO Attest: SEAT. yT �P By: AEASU t y Clerk By Council Resolution No.: MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Page -2- Meridian Rural Fire Protection District C Attest: By: Secretary By Resolution No.: Chairman MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Page -3- Exhibit A MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Exhibit A MERIDIAN RURAL FIRE PROTECTIO\ DISTRICT RESOLUTION NO.: 09-001 A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain discovered inadvertences, findings and purposes; authorizing the Chairman and Secretary to sign and enter into, on behalf of said district, that certain correct memorandum of understanding and agreement entitled '*Memorandum of Understanding and A_greement" to supersede and supplant that certain memorandum of understanding and agreement entitled `'Memorandum of Understanding and Agreement' inadvertently executed under MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO.: 06-00:) (the "Resolution'). WHEREAS, in accordance with the Resolution, the Meridian Rural Fire Protection Districtjoined with the City of Meridian, Idaho and executed a certain memorandum of understanding and agreement entitled "Memorandum of Understanding- ,aid nderstandingand Agreement", a copy of which is attached hereto as Exhibit 1; and WHEREAS, both the City of Meridian and the Meridian Rural Fire Protection District acknowledge and agree the executed memorandum of understanding and agreement attached hereto as Exhibit 1 is not the correct memorandum of understanding and agreement by and between them; and WHEREAS, both the City of Meridian and the Meridian Rural Fire Protection District further acknowledge and agree the correct memorandum of understanding and agreement, also entitled "Memorandum of Understanding and Agreement" and attached hereto as Exhibit 2, is the correct memorandum of understanding and agreement by and between them; and WHEREAS. it is in the best interest of the Meridian Rural Fire Protection District to join with the City of Meridian to correct the inadvertence of executing the incorrect memorandum of understanding and agreement attached hereto as Exhibit l by executing the correct memorandum of understanding and agreement attached hereto as Exhibit 2.; NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: 1. To correct the inadvertence of executing the incorrect memorandum of understanding and agreement atiacbed hereto as Exhibit 1, the Chairman and Secretary are hereby authorized to join with the City of Meridian, and to execute and enter into that certain memorandum of understanding and agreement attached hereto as Exhibit 2, with the City of Meridian, and to bind the Meridian Rural Fire Protection District to its terms, representations and conditions, effective nmac pro lune December 11, 2006; and 2. The memorandum of understanding and agreement attached hereto as Exhibit 2 shalt supersede and supplant the inadvertently incorrectly executed memorandum of understanding and agreement attached hereto as Exhibit 1, and MERIDIAN RURAL FIRE PROTECTION DIS'fltIC7' RFML.UTION NO.: 09-001 Parc -I- the memorandum of ❑nderstanding and agreement attached hereto as Exhibit 1 shall be of no force or effect. PASSED BY THE BOARD OF COMMISS1,0IERS OF THE MERIDIAN Rt;RAL FIRE PROTECT -IO'.,,' DISTRICT the /`lf Clay of.ianuary.2009. Meridian Rural Fire Protection District By: Chairman ` r Attested: �Secrettiiv MERIDIAN RURALFIRE, PROTECTION DISTRICT RGSOLUTJON NO.: 09-001 Page -2- EXHIBIT I MERIDIAN RURAL FIRE PROTECTION DISTRICIRESOLUTION NO.: 09-001 EXHIBIT I MEMORANDUM Of UNDERSTANDING AND AGREEMENT WHEREAS. a certain agreement entitled the "CITY OF N/lERIDI. N'! NIERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the `Agreement') exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"): and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation`, all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006!2007 fiscal year, as the term "fiscal year" is defined by the Agreement (the "2006!2007 Fiscal Year"), by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WFIEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 Fiscal Year; and WFIEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital MEivIORANDUNI OF UNDERSTANDING & AGREEMENT Page I of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE PROTECTION DISTRICT Outlay Expenditure budget, between the City and the District, for the 2006/2007 Fiscal Year by setting the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006x'2007 Fiscal Year; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the amendment and modification of the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the 2006/2007 Fiscal Year as follows: 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for the 200612007 Fiscal Year, the applicable and effective percentage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District for the 2006/2007 Fiscal Year, shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY" PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effectively only for the 2006/2007 Fiscal Year, The method for determining the percentage allocation for tine Contract Service Fee and the Capital Outlay Expenditure budget for successive fiscal years shall be as provided in the Agreement, unless the City and District hereafter agree to further amend and modify the Agreement as to such method for determining said percentage allocation. 3. All other terms, provisions, covenants and ageements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED R SIGNED this j day of ��'111 _, 2006. Approved by the City Council City of M Attest: CrtyClerk.�` r. • r MEMORANDUM OF UNDERSTANDING & AGREEflIkl� F 1 ,,cPage 2 of 3 CITY OF MERIDIAN & MERIDIAN RURAL FIRE R' T -E , I ION DISTRICT Meridian Rural Fire Protection District Bv:us—t/LQA'' Chairman Attest: / By5 Secretary By Resolution No. 66 ^ � O�_ MEMORANDUM OF UNDERSTANDING & AGREEMENT Page 3 of 3 CI"T"Y OF MERIDIAN &,MERIDIAN RURAL FIRE- PROTECTION DISTRICT EXHIBIT 2 MLIZ IDIAN RURAL FIRE PRO'FECLION DISTRICT RLISOL,UTION NO.: 09-001 EXHIBIT 2 MEMORANDUM OF UNDERSTANDING AND AGR:EMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN/ MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idalio, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the frutding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 fiscal year and subsequent fiscal years; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years by setting the particular percentage allocation of the MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -I- costs and expenses to prop isle the Fire and Lite Protection Services in the City and the District, including capital expenditures. for the 2006/2007 fiscal sear and subsequent fiscal years; NOVv', THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged ba the parties hereto, the City and the District hereby acknowledge and rrremoriali-e their agreement for the amendment and modification of the method used to determine t c Contract Service Pee and the Capital Outlay Expenditure budget for the 2006,'2007 Fiscal year and subsequent fiscal years as follows. 1. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage". and the "Market Valuation', as provided in section 8 of the Agreement, for the 2006/2007 fiscal year; and subsequent fiscal years, the applicable and effective percetuage allocation; for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District for the 2006i2007 Fiscal year and subsequent fiscal years shalt be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENIT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District /for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shalt be effective for and as of the 20061'2007 fiscal vear, and shall continue for successive fiscal years, until such time as either the City or the District determine to return to the method provided in section 8 of the Agreemeut (]x determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for fiscal years. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. rN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this__.___ day of _ 2006. City of Meridian By: Attest: By. City Clerk By Council Resolution; No.: Mayor MLMORANDUNt OF UNDERSTANDING AND AGREEIv1ENT, Page -2- Meridian Rurat Fire Protection District By: Attest: By: Secretary By Resolution No.: Chairman MEMORANDUM OF UNDERSTANDING AND :1GRFLMLNT, Page -3- Meridian City Council Meeting DATE: Juiv 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department/ Budget Amendment Legal Department: Budget Amendment for FY 2015 for the Not -to -Exceed Amount of $50,000.00 for Outside Legal Expenses. MEETING NOTES MM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ♦/ W v m (D W y N y T y n O< T C N< Al C.� 3 ° <D m n 3 N ( Px?� C G 3. (D c U) N N a 3 (D N Al =. a N n (D £A N 3 0. co M. = n d O_ 0 m - O 9 N s Cn C 0 (D v Q (D N S 3 O C 0" o c 3 v. 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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 2015-061383 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07109/201509:42 AM MERIDIAN CITY NO FEE 1111111 III III111111I111111 II I III11111111111111111 00119456201500613930050053 CITY OF MERIDIAN ORDINANCE NO. I14:� - / (0 l I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE (AZ 15-002 DECATUR ESTATES) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING THE SE'/4 OF THE NE'/4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW 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: 4345 Linder Road, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Low 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 — DECATUR ESTATES (AZ 15-002) 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 frill 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 n CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l ' day of J 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of u -Q.!! 2015. ATTEST: L. HOLMAN, Go-Qp0.ACE�ALC:bs 1 3 w cny of CLER �9 F SEAL ®gyp �y,T ode TR[ASu� ANNEXATION—DECATUR ESTATES (AZ 15-002) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this '�- day of, 2015, e�fore n , the undersigned, a Notary Public in and for said State, Rersonally appeared TAMIa4 c � �1 - anc�JA% CEE L. HOLMAN, known to me to be tr4Tt ajor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and aelmowledged 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®®,. (SEAL) arFk �Y PUBLIC FOR AHO RESIDING AT:" rich n \ f� MY COMMISSION EXPIRES:, r) x ANNEXATION — DECATUR ESTATES (AZ 15-002) Page 3 of 3 EXHIBIT A Brinegar Boundary A parcel being the SE Y. of the NE K Of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of Vie NE %of said Section 35, from wltleh a Brass Cap monument marking the southeast comer of sa?d NE '/, bears S 0014'39" W a distance of 2634.70 feet; Thence S 0°14'39° W along tho oasterly boundary of said NW %. a distance of 1317.35 feet to the northeast corner of said SE'/. of the NE K and the POINT OF BEGINNING; Thence continuing along Gold easterly botrndary S 0'14'3q* W a distance of 1317,35 feet to a Brass Cap marking the southeast corner of sold SE %of the NE %; Thance N 89°11'37' W along the southerly boundary of said SE % of the NE % a distance of 1317.44 feet to a 518 inch diameter Iron pin marking the southymst comer of said SE % of tie NE 15; Thence N 0020'56" E along the westerly boundary of said SE 1/4 of the NE % a distance of 1314,16 feet to a 510 Inch diameter Iron pin marking the northwest corner of said SE'/, of the NE'/,; Thence S 69°19'61" E along the northerly boundary of said SE %of Ilia NE %a distance of 1315A2 feet to the POINT OF BEGINNING. This parcel contains 39.76 acres and is subject to any easements existing or In use Vincent Blommar, PLS Land Solutions, PC January 27, 2016 sin vlu-tIor)S Decatur Estates — AZ 15-002 Ildneon(a)undery Jab No. 1 Gat SCAL 1"x+600' IYWAMIE 02/19/ rmlt. no, 13071 SHEET 1 OF 1 EXHIBIT B PROPOSIED MERIDIAN CITY ANNUMI 5 R•4 ZONE BRINECAR SITE/ DECATUR ESTATES SUBD, LOCATED IN 117E NE 1/4 OF SF.CTIO14 30 T.4N., RAW, RIA. :b MERIDIAN, ADA COUNTY, IDAHO Decatur Estates — AZ 15-002 EXISTING MERIDIAN CITY ZONE R-4 Pm" N, Rg5APo0 ST., VE. loo Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 10B PROJECT NUMBER: AZ 15-004 ITEM TITLE: Hill Properties Ordinance No. 15 - 1(05®: An Ordinance (AZ 15-004 Hill Properties) for Annexation and Rezone of a Parcel of Land being a Portion of the North 1/2 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 87.01 Acres of Land from RUT to R-8 (Medium Density Residential District). MEETING NOTES F-Njr APPROVED 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 2015-061388 BOISE IDAHO Pgs=9 VICTORIA BAILEY 07/09/2015 09:43 AM MERIDIAN CITY NO FEE 120160 6 1 1 0090 00119481701500813980090093 CITY OF MERIDIAN ORDINANCE NO. 15-1650 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE (AZ 15-004 HILL PROPERTIES) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING A PORTION OF THE NORTH''/2 OF THE NW 1/4 OF SECTION 33, 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 43.2 ACRES OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND 35.4 ACRES FROM RUT TO C -N (NEIGHBORHOOD COMMERCIAL) ZONING 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: Brighton Investment, LLC; Hill & Hill Properties, and Martin L. Hill. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District) and C -N (Neighborhood Commercial 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. ANNEXATION — HILL PROPERTIES (AZ 15-004) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � day of J LAA!oy , 2015. Li APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2015. , CHARLIE ROUNTREE DnpTED AUS. ATTEST: =Goya Gsrl9 Q, Q /a City of HOLMAN, CITY IDERKEAL fy ��Eb� iItEA5VR�3 ANNEXATION — HILL PROPERTIES (AZ 15-004) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this —4- day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally app red CHARLIE ROUNTREE and JAYCEE L. HOLMAN, known to me to be the Council President 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. .l ()�6 A11r ""<l (SEAL)�;�" 1 e 1100 t P US1r ®m �'m0 �TO1I�IZI�PUBLMTORIDAHO RESIDING AT: MY COMMISSIONEXPIRES:V%.-) ANNEXATION — HILL PROPERTIES (AZ 15-004) Page 3 of 3 Exhibit B PANT OF COMMENCEMENT _a NW CCR SECTION 33 NORTH 1/4 COR SECTION 33� s'H E. Amity Road ms's 5 ]Y f� 6160.61' 3 z 350. D'_w x/x-080.14'—N✓ a/x--pp_. ��•` f 1330.31'—M+ R z z 0 POINT OF HEST 1/16 COR j W Q BEGINNING SECTIONS 28&33 J U Swfs'22' . Total Annexation Area: 78.621± X F 'L cl 3so.1T' I zcwc ry APN: 51133212450 �o ¢ G T MN: S1133223MS t2 W W 1=- m UNPLATIED w Q c-1 wwla ¢? z� w wnl (� m0 =z M N z APN: 51133212420 ) m 9 O I— SEC1/ilON503T&33 NW 1/16 COR CN 1/16 CoR X m C) M 132913, SECTOR 33 _ SECTION 33 W z 13T9..3' Q 089'27'52W 2858.28' � O � au w PROPOSER HILL'S ¢ 1/1 CENTURY FAFARMSUSS oArt: alzs(zofs SUa01N510N i rnolev: swss SHEEP: LEGEND i i of 1 Q BRASS CAP N ® ALUMINUM CAP ' Q 3/4—INCH REBAR ® 5/8—INCH REBAR lam CALCULATED POINT — — — —REZONE BOUNDARY 0 200 400 800 inecwwnmou.>mvreeu ansfnsTs.r swan — — — — —SECTION LINE wuc�ommema vxcvelualasr.evav 1—^M'—RGIR—OF—WAY LINE 1"=400' fapO6: a>sxn Hill Properties AZ 15-004 Exhibit B POINT OF COMMENCEMENT NORTH 1/4 COR NW COR SECTION 33 SECTION 33 BASIS OF BEARINGS _E. Amity Road S89'15'22'E 2660.61' f35R0.171 , R/w—R/w-11151.56'-R/W--R/w R V 1158.89' ` w POINT OF n BEGINNING WEST 1/16 COR �? 1„ o SECTIONS 28&33 z iS89'I5'22"E Ir 50.17' m a3 UNPLATTED Total Rezone: 43.225± O66aO HU M �?Z� NZONU.. O APN: 57133223005 aE.3 a � vE'i, I CURRE14T ZONING: RUT I nk ww l a PROPOSED ZONING: R8 �E o o l e � m REZONE AC: 37.977± I E� .Il 0 NIi1 I paz,ma� 0 N n I EnZll I I I I I N 1/16 COR I CN 1/16 COR SECTIONS 32&33 NW 1/16 COR -� I SECTION 33 SECTION 33 \(�� S89'27'52"E N89'27'52'W 1500.54' 1157,71• km ENGINEERS, SURVEYORS. PIANNERS 9333 WEST STATE STREET BOISE,IOARO 83714 PHONE42➢eN39-6939 FAX (Z06) 6396930 UNPLATIED N 0 150 300 600 1 "=300' LEGEND {� BRASS CAP ® ALUMINUM CAP Q 3/4 -INCH REBAR 5/8 -INCH RESAR d CALCULATED POINT —REZONE BOUNDARY — - o - —SECTION LINE R/W RIGHT-OF-WAY LINE EXHIBIT B - REZONE TO R8 BRIGHTON INVESTMENTS, LLC. sHEIT: A PORTION OF NW 1/4 NW 1/4 AND A PORTION OF NE 1/4 NW 1/4 I 1 OF 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill Properties AZ 15-004 Exhibit B POINT OF COMMENCEMENT NW COR SECTION 33 1/16 CORNER S E. Amit Road NORTH 1/4 COR SECTIONS 28&33 BASIS OF BEARINGS SECTION 33 )! _ S89'15'22"E 2660.61' -p 1330.31' 171.42' R/w—R/+9-1158.89'—RM—eM—RAv 0 POINT OF BEGINNING v � ao w I I ( Total Rezone: 35,396± n N APN: $1133212450 (POR) m CURRENT ZONING: RUT n UNPLATTED PROPOSED ZONING: C -N I.- REZONE AC: 26.161± �io (in Io Iz Iz IN ' APN: S1133212420 CURRENT ZONING: RUT ' PROPOSED ZONING: C -N REZONE AC: 7.235± N89'27'S2"W 1157.71' N 1/16 COR CN 1/16 COR SECTIONS 32&33 UNPLATTED SECTION 33 aEERS. SURVEYORS. PI MEM 9233 WEST STATE STREER 8015E, (PAHO 83714 PHONE 120816396939 FA%{20816396930 N 0 150 300- 600 1 "=300' LEGEND UNPLATTED EXHIBIT B - REZONE TO C -N BRIGHTON INVESTMENTS, I.L.C. PRo1EM 14 031 I SHEET: A PORTION OF THE NE 1/4 NW 1/4 10 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill Properties AZ 15-004 BRASS CAP ® ALUMINUM CAP 3/4 -INCH REBAR 0 5/8 -INCH REBAR A CALCULATED POINT —PREZONE BOUNDARY — — — — — SECTION LINE n/re RIGHT-OF-WAY LINE EXHIBIT B - REZONE TO C -N BRIGHTON INVESTMENTS, I.L.C. PRo1EM 14 031 I SHEET: A PORTION OF THE NE 1/4 NW 1/4 10 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill Properties AZ 15-004 Exhibit A U)LL t flcalTt km 9233 WtS I STAT[ STREET I BOISE, 10 83714 i 208.639.69.39 1 I Ax AM.639.0930 April 29, 2015 Project No.: 14-031 EXNIBITA LEGAL DESCRIPI"ION FOR PARCELANNEXATION A par col of land being a portion of the North 1/2 of the NW 1/4 of Section 33, Township 3 Willi, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which hears N89°15'22"W a distance of 2,660.61 feet from a found brass cap marling the North 1/4 corner of said Section 33; Thence following the northerly line of said NW 1/4 of5ection 33, 589'15'27,"E a distance of 350.17 feet to the POINT OF BEGINNING. Thence following said northerly fine, 589"15'22"E a distance of 980.14 feet to a point being the W 1/16 corner of said Section 33; Thence following said northerly line 589`15'22"E a distance of 1,330.31 feet to a found brass cap marking the With 1/4 corner of said Section 33; Thence leaving said not line and following the easterly line of said Section 33, 500"19'09"W a distance of 1,329.06 feet to a found 5/8 -Inch rebar marling the CN 1/16 corner of said Section 33; Thence leaving said easterly line and following the southerly line. of the North 1/2 of said NW 1/4 of Section 33, N89°27'52"W a distance of 2,6S&26 feel to a found 3/4 -inch rebat marking the N 1/16 corner of said Section 33; Thence leaving said southerly line and following the westerly line of said NW 1/4 of Section 33, NOO"13'13"E it distance of 988.57 feet to a point; Thence leaving said westerly line, S89"15'22"1: a distance of 350.1.7 feet to a point; Thence NOO°13'13"E a distance of 350.17 feet to the POINT OF BEGINNING. Said parcel contains 78.621 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached Is TEO IIBIT 8 and by this reference made a part of. otiONPL LAryD M,12459 a � 7,06 �0N L. snti�� ENGINEERS ( SURVEYORS j PIS\NNERS wµAv.knnenglip.conn Hill Properties/Century Farm School —AZ 15-004 Exhibit A lum9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 18, 2015 Project No.: 14031 EXHIBITA LEGAL DESCRIPTION FOR REZONE TO R8 A parcel of land being a portion of the NW 114 of the NW 1/4, and a portion of the NE 1/4 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears N89°15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of said NW 1/4 of Section 33,589'15'22"E a distance of 350.17 feet to the POINT OF BEGINNING. Thence following said northerly line, 589°15'22"E a distance of 1,151.56 feet to a point; Thence leaving said northerly line, 500°16'11"W a distance of 1333.28 feet to a point on the southerly line of the North 1/2 of said NW 1/4; Thence following said southerly line, N89°27'52"W a distance of 1,500.54 feet to a found 3/4 -inch rebar marking the N 1/16 corner of said Section 33 and Section 32; Thence leaving said southerly line and following the westerly line of said NW 114 of Section 33, NOO°13'13"E a distance of 988.57 feet to a point; Thence leaving said westerly line, 589°15'22"E a distance of 350.17 feet to a point; Thence NOD°13'13"E a distance of 350.17 feet to the POINT OF BEGINNING. Said parcel contains 43.225 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBIT 8 and by this reference made a part of. Hill Properties/Century Farm School — AZ 15-004 b .10, zo 15 June 18, 2015 Project No.: 14-031 Exhibit A 9233 WEST STATE STREET I BOISE,ID83714 1 208.639.6939 1 FAX208.639.6930 EXHIBIT A LEGAL DESCRIPTION FOR REZONETO C -N A parcel of land being a portion of the NE 1/4 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears N89"15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of the NW 1/4 of Section 33, S89°15'22"E a distance of 1,330.31 to a point being the W 1/16 corner of said Section 33 and Section 28; Thence following said northerly line, S89°15'22"E a distance of 171.42 feet to the POINT OF BEGINNING. Thence following said northerly line, S89°15'22"E a distance of 1,158.89 feet to said found brass cap marking the N 1/4 corner of said Section 33; Thence leaving said northerly line and following the easterly line of said NE 1/4 of the NW 1/4, S00°19'09"W a distance of 1,329.06 feet to a found 5/8 -inch rebar marking the CN 1/16 corner of said Section 33; Thence leaving said easterly line and following the southerly line of said NE 1/4 of the NW 1/4, N89"27'52"W a distance of 1,157.71 feet to a point; Thence leaving said southerly line, N00"16'11"E a distance of 1,333.28 feet to the POINT OF BEGINNING. Said parcel contains 35.396 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBIT B and by this reference made a part of. 12459 9) 6.!g m/5 - Hill Properties/Century Farm School — AZ 15-004 Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: 10C PROJECT NUMBER: RZ 15-007 ITEM TITLE: Century Farm Ordinance No. 15 'NSl : An Ordinance (RZ 15-007 Century Farm School) for Rezone of a Parcel of Land Situated in a Portion of Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 8.39 Acres of Land from R-8(Medium Density Residential District) to C -N (Neighborhood Commercial 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 2015-061382 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/09/2015 09:42 AM MERIDIAN CITY NO FEE 1111111 III 1111111111111111 II 11111111111111111 [III 00119455201500613820050066 CITY OF MERIDIAN ORDINANCE NO.�1v(;/ BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE (RZ 15-007 — CENTURY FARM SCHOOL) FOR THE RE -ZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST'/ OF THE NORTHWEST'/4 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO C -N (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Brighton Investment. SECTION 2. That the above-described real property is hereby re -zoned from the R-8 (Medium Density Residential) zoning district to the C -N (Neighborhood Commercial) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE — CENTURY FARM SCHOOL —RZ 15-007 PAGE 1 OF 3 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 , 2015. fl APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this —7— day of , 2015. rA4 Com �t cQQ,�i , ATTEST: T 41oR^ceonuousr '^ib`�+1.�r�^-'�� �o r 2 9 JAYCEF-L. HOLMAN, CITY d� o Hoy m y SEAL, W ���Le Tfl EASVA�' RE ZONE ORDINANCE — CENTURY FARM SCHOOL — RZ I5-007 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this day of J ���' 20 5�bVfpr� e hhepndersigned, a Notary Public in and for said State, personally appeared i71IMI\IY dER3� anfJAYCEE L. HOLMAN, known to me to be the tvlayor 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. Notary"Pub is for Residing At: My Commission Expires: RE ZONE' ORDINANCE- CENTURY FARM SCHOOL- RZ I5-007 PAGE 3 OF 3 EXHIBIT A j ;'t s`.i aa1'j +I);.t Vll'�t 1(,171. .`,I tSF.fl U�71SE, IUR37I4 I 1r18,Ki9,ct7 ;9 i IAX2r i Strl til April 29, 2015 Project No.: 14031 rXH181TA NfGAI UrSCRIPTION Fon REZONE TO C -N A parcel a parcel of land situated in a pol lien of the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 Fast, Boise Meridian, City of Nleridian, Ada County, Idaho, and being more parfeel ady described as follows: Commencing at art afuminam cap monument marking the north 1/4 corner orsald Section A.1, thence following the easterly ]file of the Northwest 1/4 of said Section 33, S00"1709"Wit distance of 1'329.06 feet to a found 5/8 -nidi rebar marking the northeast corner of said Southeast 1/4 of the Northwest 1/4 (GN 1/16 corner) and being the POINT OF OEGINNING. Thence following said easterly Ilne, 500 19'09"W a distance of 147.58 foot to a point which bears N00'19'09"E a distance of 1,387.48 feet from a found 5/8 inch rebar narking the Center of snid Section 33; f hence leaving said easterly line, S40'18'5IV W a distance tit 89,45 feel to it point; Thence 2.54.21 feet along the arc of a circular curve to the right, salt( curve having a radius of 331.511 lee6 a dttlla aogle of 43'516'14" t a chord bearing of 562'17'04"W and a chord distance of 2,18,03 teet to a point; Thence S84°15'11"W a distance of 120.50 feet to a point; Thence 340,80 feet along the arc of a circular OlNe to the left, said curve having a radius of 598.50 feet, a delta angle of 31"34'16", a chord bearing of SW28'03"W and it chord distance of 835.51 fear m a point; Thence N37°19'04"W a distance of 53.00 feet to a point; Thence N3W.5'0t1"W a distance of H1.d5 feet to a point; Thence N54'48'00"W a distance of 101.79 feet In a point; Thence N70"23'47"W a distance of 85.44 tuet to a point; Thence N83`29'14" W it distance of 71,86 feet ton point; 'thence N89°27'54"W a distance of 98.19 feet to a point; Thence N0032'06"E a distance of 307.67 feet to a point on the northerh7 line of said Southeast 1/4 of the Northwest 1/4; Thence following Bald In)? therly line, 589°27'52"E a distance of 1,090.61 feel to the POINT OF IWGINNINM Said parch I contains 8.391 acres, more or less, and i, subject to all existing easem nts and/or riflits-ohway of record or implied. Attaclmdl hereto is Wilbil 13 and by this referent,! Is made a part hereohn. INON1'.116 I SUmrf:YORS I PIAIM111!; tvlvv;.tut x=ugllp.an n Century Farm School RZ 15-007 N 0 75 150 300 Plan SCOIE— n �n EXHIBIT B O r G2 584'15'11'W 20.50' CENTER OF 9'04'yl SECTION 33� PROPOSED RILL'S CENTURY FARM SUSONISION E. Amity Road a 5/13—INCH REBAR _, _ LENGTH DELTACHORD BW POINT OF COMMENCEMENT G 631.50 1 254.21' 4356'14" N 1/4 CORNER 248.03- 02 618.50' SECTION 33 U 336.51' 1 Z J U Lo F- UNPIAzLEO q POINT OF BEGINNING r Z W W C -N 1/16 CORNER `3 Z SECTION 33 0 ® m 589'2]'52°E 1090.81' N W m 0 n� wOf Jz a, m m Total Rezone: 8.3913 "' � F- O bom 540'18'581V F T y APN: 51133233610 (POR) 89.45' ✓+ X C9 CURRENT" ZONING: RS to W of PROPOSED ZONING: C—N W O r G2 584'15'11'W 20.50' CENTER OF 9'04'yl SECTION 33� PROPOSED RILL'S CENTURY FARM SUSONISION Century Farm School RZ 15-007 LEGEND � CURVETABLE a 5/13—INCH REBAR CURVE RADIUS LENGTH DELTACHORD BW 'HD6p G 631.50 1 254.21' 4356'14" 562'1]'04-! 248.03- 02 618.50' 1 340.80' 1 31'34'16" 1 S68'28'D3'YI 336.51' Century Farm School RZ 15-007 LEGEND � eRnss caP a 5/13—INCH REBAR CALCULATED POINT ..® .m ®REZONE BOUNDARY — — — — —SECTION UNE 1 OF 1 9l)l Wi$i SiAif 51R'aR =, maxoa;;u 111av E1><'al fl^693s lnY NaH1535533C Meridian City Council Meeting DATE: July 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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